5 Years old registration Form MN1 - complex situation

[fatimahh]

Hello everyone, thank you in advance for your help in this matter.

I am holder of PR after (RoR) and would like to register my 5 years old child born in the UK and who is not the kid of my former EEA partner.

While going through the form, i was a bit confuse by these points;

•1.3 Please say if and when the child was given indefinite leave to enter/remain in the UK. If the child’s parent is an EEA national, a Swiss national or a family member of an EEA or Swiss national you should ensure that they qualify for permanent residence. Child has indefinite leave to enter/remain in the UK. Date granted. Child do not have PR, I am the one with PR, do I put the date on my PR card?

• 1.27 Date father became settled in the UK (eg granted indefinite leave to remain): I don’t know. Do I need to give details regarding Child father?

• 2.1 If the child is resident in the United Kingdom or a British overseas territory (see page 18 of
the guide), please give date and place of first arrival: Child was born in the Uk do I need to fill this part?

• The other referee must normally be the holder of a British citizen
passport and either a professional person or over the age of 25 (but see also page 25 of the
guide). Do that mean my friend who is British but is not working can be referee 2?

I look forward to hearing from you.

[fatimahh]

Dear All - i would appreciate any comment and advise on the below request.

i am filling the form MN1 for my kids and i am confused regarding filling section 1.21 , 1.39 - 1.40 and section 7 regarding father . Please note that when i had the child i was not yet divorcestill married to a EU Citizen but the child is someone else kids and the biological father has got his name on the birth Certificate.

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In 1.21 (Details of the child’s parents. (If one or both are not the birth parents, please provide details of the biological parents on final page of the form).)

I have put the name of the biological father. Is this correct?

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1.39 Date of parents’ marriage or civil partnership (if applicable): D D M M Y Y Y Y

i am now divorced, is this still required?

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1.40 Was the mother married at the time the child was born? according to the Guide :  If the child’s mother was married at the time of the child’s birth, you must provide details of her husband. This is because, in British nationality law, themother’s husband is usually treated as the child’s father

.
Does this mean i have to put down the name of the EX EU husband even though he is not the biological dad.

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Section 7 - Consent to the application 

is it correct that this section does not apply since child was born in the UK?

Thank you in advance for your help

[fatimahh]

Oh dear i guess i am stuck with this issue! If no one from here can help, i don't even know where to ask again
Please people any advise or idea is welcomed

[fatimahh]

No one?

[CR001]

The issue you will face is that the child could be considered your EU spouses' child as you were still married at that time.

(9A)For the purposes of this Act a child’s father is—

(a)the husband, at the time of the child’s birth, of the woman who gives birth to the child, or

(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or

(ba)where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or

(c)where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity.

[fatimahh]

Thank you CR001 for your response, this is exactly my concern. I hope that the people at the Nationality Checking Service will be able to direct me as to whose name should be put in the different section. there is too much money at sake to do things carellessly. once again thank you for at least confirming my concern.

[CR001]

Important to note that NCS is only a third party agent and not HO employees.

[fatimahh]

Important to note that NCS is only a third party agent and not HO employees.

Oh i see, i thought they were, thank you for pointing that out, i am now more worried
Just don't have money for lawyer charging a fortune...