Section 1(3) for EEA unmarried parents.

[meha]

My family friends want to apply on form MN 1 under section 1(3) for their daughter.

Father and mother of child are from Hungary and have been living in the U.K. since 2011.
They are not married.
Their daughter was born in 2013 and both father & mother details appear in her birth certificate.

Father got permanent EEA residence card in Jan 2017 but mother has not (she is on a 5 year EEA residence card).

The question is:
Can they apply for British Citizenship for their daughter even though they are not married?
Does father or mother need to apply (sign declaration in form MN1)?

Thank you very much.

[ouflak1]

My family friends want to apply on form MN 1 under section 1(3) for their daughter.

Father and mother of child are from Hungary and have been living in the U.K. since 2011.
They are not married.
Their daughter was born in 2013 and both father & mother details appear in her birth certificate.

Father got permanent EEA residence card in Jan 2017 but mother has not (she is on a 5 year EEA residence card).

The question is:
Can they apply for British Citizenship for their daughter even though they are not married?

Yes.

Does father or mother need to apply (sign declaration in form MN1)?

It doesn't matter who signs it, but since the child's registration is dependent on the father's status, his evidence (the PR card) will have to be sent to support the application.

[Obie]

Usually it is the person registering the child, the one who is claiming to have acquired British Citizenship or Settled Status that needs to sign the declaration, as he is the one asserting that he meets the relevant legislative requirements, and is providing supporting documents to that effect.

[meha]

Thank you very much for your replies.

So from your comments it does not matter if EEA parents are married or not?
The confusion comes from guidance notes page 31 regarding documents that should be submitted:
https://www.gov.uk/government/uploads/s ... y_2017.pdf

FOR CHILDREN LIVING IN THE UK
Parents’ marriage certificate or civil partnership certificate

Would this be a problem?

[JAJ]

Thank you very much for your replies.

So from your comments it does not matter if EEA parents are married or not?
The confusion comes from guidance notes page 31 regarding documents that should be submitted:
https://www.gov.uk/government/uploads/s ... y_2017.pdf

FOR CHILDREN LIVING IN THE UK
Parents’ marriage certificate or civil partnership certificate

Would this be a problem?

Guidance notes are just that- guidance. Since child was born after 1 July 2006 and parents details are on the birth certificate, it should not be a problem if the parents are unmarried. It would be simpler if the application is signed by the parent whose status is relied upon to support the application- but if this is unavailable for some reason, it should not be a legal bar to registration.