BC application child born abroad (split)

[wasnav]

Hi. I would really appreciate your help and advice. My daughter was born in Pakistan and at her birth her dad had ILR but later on he naturalised to British Citizenship. Me and my husband are divorced now. Me and my daughter have ILR in UK. I intend to apply for her British Citizenship. Shall i go ahead with MN1 form under category 3(1)?

[CR001]

Are you also applying? You need her fathers consent.

[JAJ]

Parental consent is not a legal requirement for section 3(1) applications and can be dispensed with or overriden in certain circumstances. These are explained in the Nationality Instructions. However, the complication in this case is that the (apparently) custodial parent is not a British citizen, so there is additional discussion with in the Nationality Instructions:

From Chapter 9 of the Nationality Instructions:
https://www.gov.uk/government/uploads/s ... 150402.pdf

9.17.10 If the parents have divorced or separated and the child does not have ongoing contact with the other parent (even if he or she shares parental responsibility for the child) we would normally expect that:

- the parent having the day-to-day responsibility for the child is, or is about to become, a British citizen; or
- is settled here but not a British citizen and there are good reasons why registration would be appropriate, taking into account the examples given in 9.17.11 below

This is more likely to be an issue if the British father does not consent to the application.

[UKBALoveStory]

But she mentioned.

...I intend to apply for her British Citizenship....

so she will fall under "is about to become, a British citizen". isn't it?

[JAJ]

But she mentioned.

...I intend to apply for her British Citizenship....

so she will fall under "is about to become, a British citizen". isn't it?

Correct. If the mother meets the residence/other requirements to naturalise, and makes an application at the same time as the child, then based on the Nationality Instructions, the probability is that the child's registration would be granted. It would still be simpler if the British father signs the application- but probably not essential. Although it is not clear from the original poster's prior discussion on forum that the residence requirement for naturalisation is met at this point.