Query on a recent application - Registration of a Minor

[noajthan]

I think you have answered my question quite well;

- I can apply by 4F in MN1 under the condition that if we were married, section 1(3) would apply.
- Alternatively form T with evidence of first 10 years UK stay will work.

Is this MN1 route as simple as it would be under 1(3) is section 4F an entitlement or discretion? For this I only need to prove my ILR and childs UK birth certificate? I am confused by the use of "their parents" plural, is it OK for only me to have ILR?

Finally is there no need to get married and legitimising the child?

It seems you do not need to marry for this purpose.

The guidance is not the law. Some of the wording in the MN1 guidance is misleading or just plain wrong.
For 1(3) only one parent needs to have become settled (not both).

Unfortunately in your earlier posts (now helpfully merged) you didn't mention dates and none of us thought to ask.

I'm not familiar with 4F applications having had experience under a different section of BNA.

Form T should be fine and should work out if you had submitted all necessary documents (regardless of typos).
My understanding is its based on entitlement just as a s.1(3) application would be.

[secret.simon]

is section 4F an entitlement or discretion?

Always worth reading the actual Act to understand the basics.

Section 4F is an entitlement to register for minors who would have been eligible under Section 1(3) if their parents were married.

So, the other way of putting it is, Section 1(3) requires parents to be married if the child was claiming through the father. Section 4F creates the same entitlement if the child is born before 2006, the parents were not married and the other conditions for Section 1(3) were met.

Form T is a lifelong entitlement under Section 1(4) of that Act. Bear in mind that there are absence requirements for Form T/Section 1(4) - no more than 90 days absence in each of the first ten years of the child's life.

[umerkhanuk]

I think you have answered my question quite well;

- I can apply by 4F in MN1 under the condition that if we were married, section 1(3) would apply.
- Alternatively form T with evidence of first 10 years UK stay will work.

Is this MN1 route as simple as it would be under 1(3) is section 4F an entitlement or discretion? For this I only need to prove my ILR and childs UK birth certificate? I am confused by the use of "their parents" plural, is it OK for only me to have ILR?

Finally is there no need to get married and legitimising the child?

It seems you do not need to marry for this purpose.

The guidance is not the law. Some of the wording in the MN1 guidance is misleading or just plain wrong.
For 1(3) only one parent needs to have become settled (not both).

Unfortunately in your earlier posts (now helpfully merged) you didn't mention dates and none of us thought to ask.

I'm not familiar with 4F applications having had experience under a different section of BNA.

Form T should be fine and should work out if you had submitted all necessary documents (regardless of typos).
My understanding is its based on entitlement just as a s.1(3) application would be.

Thanks for your help!

I have found Section 4F is subject to proof of paternity (5.3)

5. 3. The person’s “natural father” is a person who can meet the proof of paternity
conditions at section 50(9B) of the British Nationality Act 1981 read with the British
Nationality (Proof of Paternity) Regulations 2006.
5.4. Paternity can be proved by:
a. the person being named as the father on a birth certificate issued within one
year of a child’s birth
b. other evidence that shows that a man is the natural father. This can include
- DNA test reports
- court orders
- other evidence that shows paternity.

So I guess the fathers name on the birth certificate is enough ?

Hope the form t works out, but a 4F application would seem to work here (and be relatively more sraighforward)?

[secret.simon]

When you quote a document, can you provide a link to the document as well? That way, we can advise you if the document is out of date or inapplicable to you, etc.