MN1 application with just one signature?

[slavek]

Hi everyone,

I'm sorry for starting a new topic but I couldn't find the answer and I thought this is the only way to get help.

I've become a BC few months ago and now I've decided to register my 5 years old son as BC. I've got a problem as my partner doesn't agree with registration and she doesn't want to sign the application.

The situation is as below:
- I'm BC (since July 2012)
- She has ILR (EU Citizen arrived to UK in 2004)
- my son is born in UK
- we all living together but we are not married
- I'm a father on son's birth certificate

Please, can you advise if I can still apply or it is wasting of money?

Many thanks
slavek

[Jambo]

As the child has entitlement for BC, parent's consent is not required.

See 8.6 (Consent to the application).

[slavek]

... parent's consent is not required....

Thank you Jambo, please can you also advise about:

"For other types of application we require the consent of all those with parental responsibility for the child. If only one parent has consented, please explain why at section 6.3. If it is not convenient for one of the parents to sign the form, consent can be provided in a separate letter. If the father of an illegitimate child is making the application, we would expect the mother to have consented."

I didn't have any problems with my application but this one is different ...

[Jambo]

As it stated "would expect". For children born in the UK applying under section 1(3), it is not mandatory.

By the way, why doesn't the mother willing to give her consent?

[slavek]

As it stated "would expect". For children born in the UK applying under section 1(3), it is not mandatory.

By the way, why doesn't the mother willing to give her consent?

She has strong strange feeling about being a Polish CItizen and she can't see the reason why our son should have a BC. Also she worry that in case we would split I will have more rights to keep my son here in the UK if he became a BC.
I know, I know it's crazy but this is what it is ...

[Greenie]

will the child retain his nationality if he become British (ie does Poland allow dual nationality)? Why do you feel the need to go against her <wishes?

[slavek]

will the child retain his nationality if he become British (ie does Poland allow dual nationality)? Why do you feel the need to go against her <wishes?

No, he will not retain his Polish nationality as Poland allows dual nationality.

My reasons are:
1. he's going to school and I want him to fully associate with his colleagues and be allow to have full advantage of being BC
2. it is easier to travel to some countries as BC - i.e. USA, Kanada
3. referring to D. Cameron the relationship between UK and EU may change in the future

[slavek]

One more question - just to avoid Check and Send fee.

Would you please advise which sections of the MN1 application should I fill out?

[Greenie]

1. Having British citizenship really has no advantage in terms of the schooling of a child. I don't really see how your child will associate better with other children just because he has a piece of paper
2. Is it really that difficult for an EU citizen to travel to the US or Canada?
3. Even if the UK left the EU which is unlikely it would have no effect on the British nationality act.

Speaking as a parent i just don't understand how one parent can justify making such a significant decision against the wishes of the other parent when there really are no practical advantages to the child at present. If your partner feels so strongly about it how do you know that this won't cause your Relationship to break down? Have you thought about this?

[Mordoklej]

I cannot understand why she doesn't want her child to have dual nationality.

It's not like child will be losing Polish citizenship. It's not that easy to lose it anyway and as far as I know only the President of the Republic of Poland can make such decision when you decide you don't want to be Polish anymore.. it's a long difficult process.

British Citizenship has no real benefits in terms of travel abroad. But it's easier to apply for passports with BC because you can get it quicker and easier and it doesn't involve cost and time of going to Polish Consulate in London every time you apply and collect. Other major benefit is you can vote (not real benefit for a child though lol). I believe it's easier to obtain credit as BC, we like it or not banks don't trust foreigners because it's not uncommon they borrow money and then just disappear (again, you child is not going to benefit here in a near future).

Overall if you've got money for application go for it.

[Jambo]

I agree with Greenie on this one.

For a EEA national living in the UK, becoming British brings no real added value.
With regards to US travel, then it is just a matter of time until Poland would be added to the Visa Waiver Program.

Citizenship is a big step. Going against the will of your partner is not something you should ignore. As the application can be made any time before the child is 18 even if the child is not living in the UK any more, maybe it would be better to postpone the application for now.

[slavek]

Greenie,

I do fully agree with you. I'll try to convince her but from my point of view if we have decided to migrate from Poland to UK and settled here, I can't see why he shouldn't have the BC?

You never know what will happened in 2-3 years, maybe we will need to move somewhere and then he will loose that opportunity or if not that will be far harder and more expensive.

I'm not saying he needs a British Passport, I just give him a gate to have a British Passport when he will need it.

@Mordoklej: You know exactly what I'm talking about.

[Jambo]

You never know what will happened in 2-3 years, maybe we will need to move somewhere and then he will loose that opportunity or if not that will be far harder and more expensive.

Read my post above (in case you missed it as we posted around the same time).

He will not lose the right until he is 18 although might be more complex to apply if you are living abroad (need to send the documents to the UK).

[JAJ]

Citizenship is a big step. Going against the will of your partner is not something you should ignore. As the application can be made any time before the child is 18 even if the child is not living in the UK any more, maybe it would be better to postpone the application for now.

I disagree. If the partner has a reasonable reservation then perhaps this should be considered. If it's unreasonable - and it is, since the child will not lose Polish citizenship - then it's different. They have to consider things as a family, but why would a mother want her child to be deprived of the nationality of his country of birth/residence?

In addition, if the child is "habitually resident" in the United Kingdom if parents split, that's where the child will stay (unless there's a court order). Whether the child is a Polish citizen or dual British/Polish should make no difference.

One parent cannot veto a child's section 1(3) citizenship application. Even if consent was needed, for a section 3(1) application, the Home Office would not accept a veto from a parent unless there was a reasonable explanation.

The advantages of the child to being dual British/Polish have already been explained. Easier access to a passport and visa-free travel. Protection in the increasingly likely event that Britain departs the EU. And a greater sense of identity and belonging by sharing the same nationality as his friends and school-mates.

Although the entitlement persists until age 18, the British Nationality Act could be amended at a later date. In addition, after the child turns 10, the child's own "good character" is assessed. It will also probably be more expensive for the child. Far better to apply for British citizenship now.

If keeping Polish citizenship is important then contact the Polish Embassy or a Polish lawyer to confirm what Polish law says. However, as far as I am aware the child remains Polish even after becoming British. This also means that the child may have to use a Polish passport to enter and leave Poland, and if there is a military service obligation, sign up for this when older.

[slavek]

Dear all - thank you very much for this discussion and help.

I had another chat with my partner a few minutes ago and she said that she is still 'unsure about it' which is a huge step forward because she didn't say 'no' any more

However now I've noticed another problem - I was so proud/stupid and I did laminate my son's birth certificate. Please, can you advise if I can still use it or should I request the copy of his birth certificate from Bristol Registration Office?

[vinny]

Get another certified copy.

[Glc]

I had mine and my kids' birth certificates laminated as well but the lady from NCS just made a few calls at the HO who confirmed that they may be accepted. She just took note of the person's name on my application. Our application all went through successfully. I don't think it's stupid. You're just too careful not to damage your documents ;)

[slavek]

Thank you guys for all the support and help.

I will fill the application next week and I'll keep you posted

[slavek]

Dear forum,

I'm back to say I've convicted my partner to sign off the application. To be honest it was easier that I thought, I just told her that our next baby (if we will have one) will have BC anyway ...

So:
1. She says: 'OK'
2. I've red the mn1 guide twice and I feel lost.

I'm stuck on point 1.3 - which date should I put there? The date when I've got the permanent residence??

[Jambo]

Question asks "if and when". In your son case, just leave blank.

[slavek]

Question asks "if and when". In your son case, just leave blank.

Thank you.

What about sections 2 and 3?

Do I need to fill them up?

[Jambo]

The search facility of the furum is quite useful.

See Need help with Mn1 app.please.

[slavek]

The search facility of the furum is quite useful.

You're absolutely right. I'm sorry - that's my fault.
Thank you Jambo.

I'm wondering about one more thing - referees - the mn1_guide says:
"One referee should be a professional who has engaged with the child in a professional capacity, such as a teacher, health visitor, social worker or minister of religion."

We were moving for work couple of times so I don't know any professional who has engaged with the child in a professional capacity and knows child about 2 years.

The most similar case I've found in the topic below:

MN1 referees

After reading of that topic I've got 2 questions:
1. Is the list acceptable professionals the same for AN and MN1 applications - see list of acceptable professional?
2. Can I use my boss (Managing Director of VAT registered company) as one referee and my manager (the same company) as second?

[Jambo]

See the question in Citizenship FAQs - Common Questions - Read before posting - Children.

Try to get his teacher or someone from his nursery or the health visitor.

If not, any professional from the list you referred to is fine.

[slavek]

Thank you Jambo, thank you very much.

I'll keep you posted about the progress.

FYI: I've sent the application this morning via Royal Mail Special Delivery.