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registering children of unmarried British father as British

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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andreachen
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registering children of unmarried British father as British

Post by andreachen » Sat Dec 05, 2009 11:54 pm

Hello,

I've got a question for a friend of mine who hasn't got internet access please. She wants to know if her children could get British citizenship.

The mother is from the EU, the father is British, they are not married.

The first child was born in 1993 in the EU where the family lived at the time.

They all moved to the UK in 2001.

The second child was born in 2003 in the UK.

The mother is now also thinking of applying for British citizenship by the way.

I read somewhere that children of British unmarried fathers are now British but I'm not sure if you need to apply for this (and pay) or whether this is somehow automatic.

Can anyone recommend the best (and cheapest) way forward for my friend please?

Many thanks,
Andrea

Edit: I think I accidentally posted this in the wrong section, sorry... :oops:
Is there a way to move it?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Dec 06, 2009 12:28 am

Topic moved.

Not automatic for children born before 1 July 2006. Joint applications under section 3(1) should be cheapest. Apply at the same time as mother's application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JAJ
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Australia

Post by JAJ » Sun Dec 06, 2009 2:22 pm

Mother is now a permanent resident in the UK (probably) so younger child UK-born will be registered British by entitlement, under section 1(3) of the Act.

Older child will be registered as British under section 3(1). Assuming father was born or naturalised in British - otherwise will need to become British on another basis.

Joint application is possible to save cost. Note the age limit of 18.

Mother does not have to apply for British citizenship at the same time and even if she wants to, the processing for the children's applications will be quicker if made separately.

Depending on the EU state involved, that country's citizenship may be lost.

andreachen
Newbie
Posts: 31
Joined: Sat Dec 05, 2009 11:40 pm

Post by andreachen » Mon Dec 07, 2009 12:46 am

Thanks for your replies vinny and JAJ.

I also think the mother should now be permanent from what I understand. She is from Germany so the German nationality won't be lost. The father was born British in Britain to British parents.

I don't think the processing speed matters to her, but the cost will... So a joint application sounds like the best option.

If I understand correctly then the forms would be MN1 for the children and AN for the mother, right?

Thanks very much!
Andrea

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Tue Dec 08, 2009 6:21 am

Form AN for her, MN1 for the children.

MN1 forms should specify section 3(1) for older child, and 1(3) for younger child.

The cost for AN and MN1 is always separate. Joint application for MN1 is possible, but the AN application fee is additional. Whether she applies at the same time as the children or not.

vinny
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Post by vinny » Tue Dec 08, 2009 9:03 am

Concur.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

andreachen
Newbie
Posts: 31
Joined: Sat Dec 05, 2009 11:40 pm

Post by andreachen » Tue Dec 08, 2009 9:31 am

Ah ok, thanks very much!
Andrea

Smit
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Post by Smit » Tue Dec 08, 2009 9:45 am

How are joint applications under S. 3(1) made on form MN1? e.g. if there are two children, does each child need a separate MN1 form or can both be included in one MN1 form?

Thanks

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Wed Dec 30, 2009 7:38 am

Smit wrote:How are joint applications under S. 3(1) made on form MN1? e.g. if there are two children, does each child need a separate MN1 form or can both be included in one MN1 form?

Thanks

As far as I know, separate MN1 forms, but the fee based on a simultaneous application.

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