Page 1 of 1

MN1 without father consent

Posted: Tue Oct 25, 2016 1:45 pm
by alannda
Hi,

Hope someone can advise, please. If I apply for registration of my son using form MN1 without his father consent will he be contacted by HO? We're divorced and I have a court order stating that our son lives with me. We're both living in UK, our son was born here.
I asked my ex to sign application but he refused, also refused to give a reason. So I have no consent or the letter explaining why he's refusing. I understand that his consent is not really necessary, but just wondering if I'm not going to lose money if he refuse to give permission when asked by HO.

Any advice will be appreciated.

Thanks,

Re: MN1 without father consent

Posted: Tue Oct 25, 2016 1:49 pm
by Casa
The father's permission isn't necessary.

Re: MN1 without father consent

Posted: Tue Oct 25, 2016 1:53 pm
by alannda
I understand that, but they also ask to provide letter from the second parent explaining why are they not giving permission. So if I don't provide that will they contact him?

Re: MN1 without father consent

Posted: Tue Oct 25, 2016 1:55 pm
by noajthan
alannda wrote:Hi,

Hope someone can advise, please. If I apply for registration of my son using form MN1 without his father consent will he be contacted by HO? We're divorced and I have a court order stating that our son lives with me. We're both living in UK, our son was born here.
I asked my ex to sign application but he refused, also refused to give a reason. So I have no consent or the letter explaining why he's refusing. I understand that his consent is not really necessary, but just wondering if I'm not going to lose money if he refuse to give permission when asked by HO.

Any advice will be appreciated.

Thanks,
If you have sole responsibility/custody and can demonstrate this to caseworker then father's permission is not required.
As well as your evidence (court order) you can submit a cogent cover letter to explain.

You can dig into such vital questions here:
https://www.gov.uk/government/publicati ... structions

Re: MN1 without father consent

Posted: Tue Oct 25, 2016 2:10 pm
by alannda
noajthan wrote:
alannda wrote:Hi,

Hope someone can advise, please. If I apply for registration of my son using form MN1 without his father consent will he be contacted by HO? We're divorced and I have a court order stating that our son lives with me. We're both living in UK, our son was born here.
I asked my ex to sign application but he refused, also refused to give a reason. So I have no consent or the letter explaining why he's refusing. I understand that his consent is not really necessary, but just wondering if I'm not going to lose money if he refuse to give permission when asked by HO.

Any advice will be appreciated.

Thanks,
If you have sole responsibility/custody and can demonstrate this to caseworker then father's permission is not required.
As well as your evidence (court order) you can submit a cogent cover letter to explain.

You can dig into such vital questions here:
https://www.gov.uk/government/publicati ... structions
Thank you! It's still a shared custody I suppose but that document above explains it clearly that father can't refuse 'just because'. Our son was born here, lived here all his life, he's not going to lose his other nationality after becoming British, so there's not really a reason to take his refusal seriously.

That's exactly what I was looking for:) Thanks again

Re: MN1 without father consent

Posted: Tue Oct 25, 2016 6:39 pm
by CR001
A child born in the UK has an entitlement to register as BC. His father's lack of consent does not change that entitlement.

Re: MN1 without father consent

Posted: Wed Oct 26, 2016 8:43 am
by noajthan
CR001 wrote:A child born in the UK has an entitlement to register as BC. His father's lack of consent does not change that entitlement.
Yes, now noted that child was born in UK.
Discretionary registration does not apply, this child has an entitlement.