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form mn1 help for child born outside the uk PLEASE HELP
Posted: Mon Sep 15, 2014 10:38 am
by confusedjojo
My daughter was born in the caribbean in 2006. I am british by
descent through my mother. we have both lived in the UK since
september 2011. I want to apply for her to be registered as british
using form mn1 based on the 3 years we have lived here, using
section 3(5)
when she arrived in the uk her passport was stamped for her to
leave by january 2014.
will that affect her application? I have worked in the uk for the
full time i have been here and we have never left, not even for
short trips.
Can i use form mn1 ? and what documents will I need?
Re: form mn1 help for child born outside the uk PLEASE HELP
Posted: Tue Sep 16, 2014 9:55 am
by Amber
Immigration status is irrelevant for a section 3(5) application.
Re: form mn1 help for child born outside the uk PLEASE HELP
Posted: Tue Sep 16, 2014 10:15 am
by confusedjojo
Thank u so much for your response. That's what I thought after reading the guide notes but I started second guessing after reading something on another board about needing leave to remain first. Thank u
Re: form mn1 help for child born outside the uk PLEASE HELP
Posted: Tue Sep 16, 2014 4:05 pm
by confusedjojo
can anyone else confirm? and what documents do i need
Re: form mn1 help for child born outside the uk PLEASE HELP
Posted: Wed Sep 17, 2014 6:43 pm
by Amber
10.3.2 Applications under s.3(5) should also be supported by evidence as follows:
a. the child's birth certificate showing parents’ details; and
b. the relevant birth, marriage, death, adoption, registration, naturalisation certificates to establish that a parent was a British citizen by descent (see Chapter 20) at the time of the person's birth; and
c. if the parent in question is the father we need to see evidence that he meets the definition of “father” for nationality purposes (see Chapter 6).:
d. passports and/or other documents to establish that the child and, as appropriate, either or both of the parents:
i. had been resident in the United Kingdom (or the qualifying territories if applicable) for 3 years immediately before the date of application; and
ii. had not been absent from the United Kingdom (or the qualifying territories) for more than 270 days in that 3 year period; and
e. if one of the parents has died we need to see the the father's or mother's death certificate;
f. If the parents' marriage/civil partnership has ended in divorce, annulment, or dissolution; or were legally separated on the date of application, we need to see the parents' divorce certificate, decree of nullity, evidence of dissolution of civil partnership or decree of judicial separation.
10.4 Parental consent
10.4.1 Parental consent is a statutory requirement for registration under s.3(5).
There is no discretion to waive this requirement.
Re: form mn1 help for child born outside the uk PLEASE HELP
Posted: Wed Sep 17, 2014 7:22 pm
by confusedjojo
thank you so much once again amber. I have all of the documents ready. Her father still lives in the caribbean. Is it essential that I have his consent or can I just explain that I am her sole provider and she is an illegitimate child anyway?
Re: form mn1 help for child born outside the uk PLEASE HELP
Posted: Wed Sep 17, 2014 7:36 pm
by confusedjojo
im sorry its so many questions but i want to get it right this time. Last year i spent over 1000 pounds on a lawyer who ended up screwing things up with her application for ltr. they used the wrong form and after doing so much (including a dna test costing 550) and waiting nearly a year it was denied. i just want it to all go right this time and i cant afford a lawyer again this time.
thanks for your help so far, its truly appreciated
Re: form mn1 help for child born outside the uk PLEASE HELP
Posted: Wed Sep 17, 2014 11:14 pm
by Amber
10.4.2 This means that we cannot register a child under s.3(5) unless both parents (or one parent in the circumstances described in 10.1.3 - 10.1.5 above) have given their consent to the child's registration, even if all the other requirements are met. There is no exception to this.