Query on Registration Certificate

[claraluh]

Hello Everyone,

I am posting this on behalf of my sister applying for registration for my niece who is 2,5 yrs old. The case is as follow: My sister who is a non-EEA married a EEA national in 2010, they both live and work here, in 2013 they got separated for a few months due to personal couple's problems, and during this time my sister accidentally got pregnant to another person. She got back to her husband but after the child's birth in 2014 the biological father decided to register the child as his. In 2016 my sister applied for PR as she was and still married to her EEA husband and now she wants to apply for registration for her daughter born in UK.
1) Do you think she might have problems with UKBA regarding her own residency because she was married to a person but got pregnant to another person? (I know this sounds strange )
2) In the application form it asks for the father signature, is it really obligatory?
3) Is there any risks the application may be rejected?

Thanks a lot in advance, any information given will be very helpful.

[CR001]

1) Do you think she might have problems with UKBA regarding her own residency because she was married to a person but got pregnant to another person? (I know this sounds strange )

Don't be silly, we don't live in the dark ages.

2) In the application form it asks for the father signature, is it really obligatory?

For a UK born child, I believe only parent's signature is required as it is an entitlement application.

3) Is there any risks the application may be rejected?

Yes, because if she were married to someone else, the UK will view the husband as the child's father. See below.

(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

[F14(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.

[claraluh]

CR001 thanks a lot for the quick reply. Regarding question 3, my sister is the one who has PR residency and that's why she is applying for registration, the biological father is no in UK anymore. Does it still have the risk?

[claraluh]

2) In the application form it asks for the father signature, is it really obligatory?

For a UK born child, I believe only parent's signature is required as it is an entitlement application.

Do you mean, only the mother who has PR can sign? (Sorry I didn't understand)

[CR001]

but after the child's birth in 2014 the biological father decided to register the child as his.

What exactly do you mean by this? What is the nationality of the biological father?

The child's father, in terms of the nationality act, will be considered as her husband as she was married at that time, which is what the piece I quoted says.

[CR001]

2) In the application form it asks for the father signature, is it really obligatory?

For a UK born child, I believe only parent's signature is required as it is an entitlement application.

Do you mean, only the mother who has PR can sign? (Sorry I didn't understand)

Yes

[vinny]

3) Is there any risks the application may be rejected?

Child is entitled via mother's PR.

[claraluh]

3) Is there any risks the application may be rejected?

Child is entitled via mother's PR.

Thanks Everyone for all the help! The Solicitor my sister is using was a bit pessimistic, I suggested she used NCS as I did, but she doesn't feel very confident in doing it on her own, but I'm not very happy with the solicitor anyway.