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Form for applying for registering child as a british citizen
Posted: Sun Aug 16, 2015 2:38 pm
by waitinggame2
hi,
seeking confirmation that we are about to use the right form
our situation:
I am a dual citizen of russia and recently gained british citizenship thru residency and marriage to a british citizen.
i now want to register my 9 year old daughter as a british citizen (she currently having only russian citizenship / passport and indefinite leave to remain in uk.
is mn1 the right form ?
if it is (i think it is) under what section of the nationality acts am i applying for her registration?
i believe she is (kind of) automatically allowed to register as british because i am now british - is this the case ?
i am married to a british citizen but he is not the childs biological father, for this reason i believe i leave him off the form altogether - ie his details are not relevant to this application - is this right?
i have sole custody of my daughter and have no idea where her birth father is - does this matter ?
thanks for all and any help and advice!
waitinggame
Re: Form for applying for registering child as a british cit
Posted: Sun Aug 16, 2015 2:46 pm
by CR001
is mn1 the right form ? Yes
if it is (i think it is) under what section of the nationality acts am i applying for her registration? Section 3(1)
i believe she is (kind of) automatically allowed to register as british because i am now british - is this the case ? Yes as long as she has ILR
i am married to a british citizen but he is not the childs biological father, for this reason i believe i leave him off the form altogether - ie his details are not relevant to this application - is this right? Correct yes. Step parents are not recognised for citizenship applications.
i have sole custody of my daughter and have no idea where her birth father is - does this matter ? Do you have proof of sole responsibility? Does her biological father appear on her birth certificate?
Re: Form for applying for registering child as a british cit
Posted: Sun Aug 16, 2015 2:52 pm
by noajthan
waitinggame2 wrote:hi,
seeking confirmation that we are about to use the right form
our situation:
I am a dual citizen of russia and recently gained british citizenship thru residency and marriage to a british citizen.
i now want to register my 9 year old daughter as a british citizen (she currently having only russian citizenship / passport and indefinite leave to remain in uk.
is mn1 the right form ?
if it is (i think it is) under what section of the nationality acts am i applying for her registration?
i believe she is (kind of) automatically allowed to register as british because i am now british - is this the case ?
i am married to a british citizen but he is not the childs biological father, for this reason i believe i leave him off the form altogether - ie his details are not relevant to this application - is this right?
i have sole custody of my daughter and have no idea where her birth father is - does this matter ?
thanks for all and any help and advice!
waitinggame
Yes - MN1
If born in Russia the registration is now at Home Secretary's discretion under section 3(1) of BNA.
(The child would normally have been expected to be registered at same time as you naturalised).
Where was your child born?
Where she was born & whether born before/after you settled determine the route.
If born in Russia to a non-BC the child is not automatically British & will have to be registered.
Yes leave step-father off the form (same as my case).
If you have sole custody & no contact with biological father there are sections in the form in which to explain all that.
(If no space continue in the Further Information section).
You need to show how you have the custody & why there is no contact (etc) so that father's consent & signature is rendered not relevant/not necessary.
Good luck.
Re: Form for applying for registering child as a british cit
Posted: Sun Aug 16, 2015 2:58 pm
by CR001
noajthan wrote:If born in Russia the registration is now at Home Secretary's discretion under section 3(1) of BNA.
(The child would normally have been expected to be registered at same time as you naturalised). There is no requirement that the child has to be registered at the same time as the parent. It can be done at any point after the child's parent becomes British or not at all if they wish. The child however would only qualify for citizenship once their parent is naturalised (in the scenario as the OPs and same as my case too)
Re: Form for applying for registering child as a british cit
Posted: Sun Aug 16, 2015 3:07 pm
by noajthan
CR001 wrote:noajthan wrote:If born in Russia the registration is now at Home Secretary's discretion under section 3(1) of BNA.
(The child would normally have been expected to be registered at same time as you naturalised). There is no requirement that the child has to be registered at the same time as the parent. It can be done at any point after the child's parent becomes British or not at all if they wish. The child however would only qualify for citizenship once their parent is naturalised (in the scenario as the OPs and same as my case too)
Yes, agreed it's not compulsory.
I was reflecting the thrust of this guidance to MN1 & section 3(1), (note the gerund):
Children born abroad to parents
... where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth to be registered as British citizens as part of a “family application"
Re: Form for applying for registering child as a british cit
Posted: Sun Aug 16, 2015 3:35 pm
by CR001
I agree with your extract, but a child born abroad to a single parent will only be eligible if the parent is naturalised. Most single parents, myself included, would apply for the child after the naturalisation process is complete to avoid the loss of two fees if all does not go as planned.