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A UK born child can be registered as British even if one parent is settled. In your case, both of the parent(s) are settled.I don't know if an application based on the mother changes anything, or even how they determine which parent the application is based on. Do you think it is worth providing them with my wife's settlement details and and cover letter explaining this situation?
What about unmarried couples? Can they not register their children as British after they are settled?secret.simon wrote: ↑Wed May 05, 2021 8:35 pmDid the form have any queries about the marital status of the mother?
I am making a conjecture and I could be wrong, but for the purposes of nationality law, the father of a child is defined as the husband of the mother, regardless of the name of the father on the birth certificate.
So, if the mother is listed as married and the registration is being based on the father's Settled Status/ILR, the Home Office will ask for the marriage certificate.
Section 50 (Interpretation) of the British Nationality Act 1981 wrote:(9A)For the purposes of this Act a child’s father is—
(a)the husband or male civil partner, at the time of the child’s birth, of the woman who gives birth to the child, or
(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.