Form MN1 - Register the child as British citizen

[Kashif_Hussain]

Hi,

Father was granted DLR in 2011
Mother and her child were granted DLR in 2012

Now, recently father has been granted ILR after 6 years of DLR.
Mother and the child still need to complete 6 years to apply for settlement in 2018.

Father is separated and makes no contact with the mother of the child and will not help with the application Child is 8 year old born in the UK. One parent (father) is now settled (but not willing to offer any help or assistance) and the child was born in the UK.

My question is about the child, can the mother of the child make application to register the child as British citizen using form MN1?

Is this possible, if yes, now, what should she do?

Will appreciate some advise.
Many thanks

[Obie]

According to the letter of the legal provision, the child can be registered, by giving the application requirement, the father may be needed.

[Kashif_Hussain]

I'm sorry I don't understand your response, please can you clarify further.
Please note: father will not help with this application.

[Kashif_Hussain]

Hi Obie,

Please can you clarify "letter of the legal provision".

Thanks

[CR001]

Hi Obie,

Please can you clarify "letter of the legal provision".

Thanks

Oboe likely means the citizenship law/provision for UK born children.

[Kashif_Hussain]

Thank CR001,

Can you give us some insight, if settled (ILR) father is not willing to help with the application, can the separated mother (on DLR) apply for the child (also on DLR, born in the UK)) to register the child as British citizen using form MN1?

in this situation, what documents does she need to send With form MN1?

Thanks for your help.

[Kashif_Hussain]

Further, GUIDE MN1 on page 28 says:

SECTION 7: CONSENT TO THE APPLICATION
For section 3(5) it is a legal requirement that both parents consent to the application.
In the case of widowed, divorced or separated parents, this only applies to one
parent. If the child’s parents were not married, only the mother needs to consent –
unless citizenship is being applied for on the basis of a British citizen father, when he
will need to consent.

In this case, separated mother will be making citizenship application for her child on the basis of a "settled" father (who is separated from the mother) who is not willing to help and will not consent.

In this situation, any advice for the mother?
Can she make MN1 application for her child? if Yes, How?

Thank CR001,

Can you give us some insight, if settled (ILR) father is not willing to help with the application, can the separated mother (on DLR) apply for the child (also on DLR, born in the UK)) to register the child as British citizen using form MN1?

in this situation, what documents does she need to send With form MN1?

Thanks for your help.

[CR001]

You quoted a section 3(5) extract.

Mother will need proof of father's ILR and passport.

[Kashif_Hussain]

You quoted a section 3(5) extract.

Mother will need proof of father's ILR and passport.

Father has been granted ILR (confirmed) but the problem is he will not provide copy of ILR or Passport or consent. He is not willing to help at all.

Mother does have residence order.

As per BNA s1(3) child born in the UK is entitled to be registered as BC where one parent is BC or settled.
but as I have explained settled father is not willing to help !

What to do?

[CR001]

Then wait till mother gets ILR if she qualifies for ILR.