ex wont sing mn1 form

darren_506 · Post by **darren_506** » Wed Mar 21, 2012 6:03 pm

Hi there, i am in the process of doing my british naturalisation and i have come across a problem, i would like to get the children done at the same time but i need my ex to sign, we have been apart for 6 years now and we have both moved on unfortunately we never got a divorce and now she wont sign the form, can i do anything at all?
many thanks

Post by **Lucapooka** » Wed Mar 21, 2012 6:05 pm

Why do you need her to sign if you are not applying as the spouse of a British citizen?

Post by **Greenie** » Wed Mar 21, 2012 6:13 pm

Lucapooka wrote:Why do you need her to sign if you are not applying as the spouse of a British citizen?

i believe he is talking about the ex signing to consent to the children's applications.

darren_506 why won't she consent to the applications for your children?

darren_506 · Post by **darren_506** » Wed Mar 21, 2012 6:14 pm

both the ex and i are from poland and live in the uk, on the childrens form it asks for both parents to sign

Post by **Jambo** » Wed Mar 21, 2012 6:16 pm

I presume the OP is referring to the children Registration application which ask for the parents consent.

Were the children born in the UK or abroad?

darren_506 · Post by **darren_506** » Wed Mar 21, 2012 6:17 pm

i think its because she is jealous that i am willing to spend the time and money to do it, she cant stop me getting mine, only hurting the children

darren_506 · Post by **darren_506** » Wed Mar 21, 2012 6:18 pm

one in the uk and the other in poland

Post by **Jambo** » Wed Mar 21, 2012 6:41 pm

It is less of an issue for the UK born child as he has entitlement to register as BC while the born abroad child application is at discretion. If she doesn't sign the form, the HO will seek her view and then will make a decision.

I suggest you try and convince her to sign as it would make the application much simpler.

I assume you have been exercising treaty right for at least 5 years ending at least 12 months ago and that you have lived in the UK during that time. You will also need to pass the life in the UK test before applying.

darren_506 · Post by **darren_506** » Wed Mar 21, 2012 6:50 pm

i have done the test and passed, i have live in the uk since 1997.
i have tried to talk to her so many times about this but she is just not willing, could i send the form off without her signing it? or will it just come back?

Post by **Jambo** » Wed Mar 21, 2012 7:07 pm

How old are the children? If the born abroad has been living in the UK for long, this would be in his favour.

You can send the application. Worth mentioning in the application that the other parent refused to give consent and provide her contact details. The HO will then ask for her view and make a decision. This should only affect the born abroad child. The UK born child application can't be refused because there is no consent from the parent.

darren_506 · Post by **darren_506** » Wed Mar 21, 2012 7:17 pm

he has been in the uk for 8 years, the girl is 11 years old

Post by **Jambo** » Wed Mar 21, 2012 7:18 pm

Also - when was the UK born child born? If you have been in the UK for so long, he might already be British (if born after you had ILR/PR).

Post by **Jambo** » Thu Mar 22, 2012 11:42 am

darren_506 wrote:he has been in the uk for 8 years, the girl is 11 years old

What was your (or your wife) immigration status when he was born in the UK? Did you have ILR?

darren_506 · Post by **darren_506** » Thu Mar 22, 2012 2:05 pm

I had no idea what ILR was intill I started filling the firms in 8 weeks ago. I have spoken to somebody and they said I have. I don't know how I got it or if I do have it, they never told me

Post by **Jambo** » Thu Mar 22, 2012 2:09 pm

Poland wasn't part of the EU before 2004. What type of visa did you have from 1997-2004?

darren_506 · Post by **darren_506** » Thu Mar 22, 2012 4:39 pm

i think you know the answer

Post by **Greenie** » Thu Mar 22, 2012 4:49 pm

darren_506 wrote: i think you know the answer

I don't think Jambo did know the answer hence the question, but can we issue the answer to the question is 'none'?

darren_506 · Post by **darren_506** » Thu Mar 22, 2012 4:58 pm

You are right

Post by **Jambo** » Thu Mar 22, 2012 7:41 pm

Got it. So the child is not British from birth.

I suggest you explain in the application that you haven't been to able to secure the other parent consent due to your situation. You should also explain why it is the best interest of the child to become British. See more here - 9.18.

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ex wont sing mn1 form

ex wont sing mn1 form