Form AN

[sam2106]

Hi, i am trying to seek some advice from you guys.

In filling up form AN for naturalisation..i am trying to avoid paying £851 and my unmarried partner paying another £851..

so we will be trying to apply together ( I will wait for my partnert to become eligible for naturisation although I qualify before her) as we are aiming at paying the joint fee of £1317 and saving £466

However on form AN..question 1.15...Are you current Marital Status..there is no option for Unmarried partner / Cohabitaion or common law..

what do i have to tick there and how can i save money by paying a joint application fee of £1317?

Thanks for your help.

[MPH80]

My understanding is that unmarried partners can't do a joint application.

I could be mistaken - but that's my understanding.

Either way - you tick 'single' in that box - as it's what you are.

(N.b. 'common-law' marriage doesn't actually exist - it's a common misconception)

[sam2106]

my concern is all other UK immigration applications recognise common law / cohabitation / partners from student visa dependant to Tier 1 ( general ) unmarried partner, from FLR(M) to SET(M)...why not on form AN?

and to your comment ' common law ' marriage, no one has mentioned this! you are right, it doesnt exist and no one is saying so except you...it's common law..it exists and recognised in UK...unless you coming from an undemocratic country whereby if you not married civil, you cant open a joint bank accounts, joint applications etc etc

My understanding is that unmarried partners can't do a joint application.

I could be mistaken - but that's my understanding.

Either way - you tick 'single' in that box - as it's what you are.

(N.b. 'common-law' marriage doesn't actually exist - it's a common misconception)

[Glc]

It is my understanding that you may only qualify for a 'joint application' If you and your partner are married or in a civil partnership. Either way, your 'union' must be registered as you also need to provide a marriage certificate or any equivalent document to prove this once you apply for naturalisation.

[sam2106]

thats my point..you apply for FLR(M)..no need for marriage certificate..2 years proof of living with unmarried partner is okie, same applies for SET(O), same for Tier 1 ( General ) dependant / unmarried partner..same for Tier 4 Student dependant/ unmarried partner..

so all these home office applications, there is no need to provide a registered proof of union in form of marriage certificate...why only with form AN application???

Whats wrong with home office..allway through they have approved and recognised cohabitation..then all of a sudden at the end with naturalisation..they say hang on you have to marry civil in order to make a joint application...

this doesnt make sense..

It is my understanding that you may only qualify for a 'joint application' If you and your partner are married or in a civil partnership. Either way, your 'union' must be registered as you also need to provide a marriage certificate or any equivalent document to prove this once you apply for naturalisation.

[Jambo]

This is because immigration and nationality are governed by different rules.

There is a similar example with absence days from the UK. For immigration applications, business related travel is not counted. For naturalisation all is counted.

[sam2106]

what about in case of babies born out of unmarried / common law relationship...do you know about any rule surrounding who can register the baby? i read somewhere the mother strictly..is it true?

This is because immigration and nationality are governed by different rules.

There is a similar example with absence days from the UK. For immigration applications, business related travel is not counted. For naturalisation all is counted.

[Jambo]

what about in case of babies born out of unmarried / common law relationship...do you know about any rule surrounding who can register the baby? i read somewhere the mother strictly..is it true?

Registering the baby birth or registering the baby as BC?

[sam2106]

it looks like both unmarried partners can register..they both have to register to be recognised for their legal responsibilities unlike in married couple where either parents can register


but i was told in unmarried couple, child citizenship can only be derived from the mother? is this true? if this is true, what if a situation whereby the mother doesn't have indefinite leave yet but the father has..how does it work then? the child cannot acquire BC at birth?

what about in case of babies born out of unmarried / common law relationship...do you know about any rule surrounding who can register the baby? i read somewhere the mother strictly..is it true?

Registering the baby birth or registering the baby as BC?

[Jambo]

but i was told in unmarried couple, child citizenship can only be derived from the mother? is this true? if this is true, what if a situation whereby the mother doesn't have indefinite leave yet but the father has..how does it work then? the child cannot acquire BC at birth?

It depends.

If either parent has ILR, UK born child is British. The parents don't need to be married.

If only the father is British and parents not married, then it depends:

- If born after 2006, the father is not required to be married to the mother in order to transfer the British citizenship (assuming he can).
- If born before 2006, the child can register as BC. See Children born before 1 July 2006 whose father is a British citizen but not married to their mother.

[sam2106]

Ok thanks for the reply Jambo, here is the situation, hence the confusion...

I have received my passport with indefinite leave. this comes along with normal standard letter ICD.3745 advising me that I am returning the enclosed passport endorsed with an extension with an extension of stay in the UK...

this also comes with the leaflet ( 2 pages) ICD.3748

on page 2 of this ICD.3748 leaflet..it's written:

WHAT IF I HAVE A CHILD BORN IN THE UK?

A child born to you in the United Kingdom since 1 January 1983 who is not British may now be entitled to be registered as such a citizen and any child born to you while you remain settled here may be a British citizen automatically at birth. However, you should note that, where the parents of a child have never been married to each other, British Citizenship can only be derived from the mother.

More information about all aspects of British Citizenship ( including by birth in the United Kingdom) and an application form for registration are available from the Nationality Group Managed Migration Directorate, 3rd Floor India Buildings, Water Street, Liverpool L2 0QN. Tel 0845 010 5200.

so this is my confusion as my situation now is I am ILR holder..my unmarried partner has FLR(M) 2 years visa. What happened to the British Citizenship who will be born tomorrow..if the mother still has only FLR(M) and as per reading here..citizenship of the child can only be derived from the mother..how will this be possible when she herself won't yet be qualified for Indefinite Leave..?

Please help clarify this ICD.3748 paragraph..

thanks

but i was told in unmarried couple, child citizenship can only be derived from the mother? is this true? if this is true, what if a situation whereby the mother doesn't have indefinite leave yet but the father has..how does it work then? the child cannot acquire BC at birth?

It depends.

If either parent has ILR, UK born child is British. The parents don't need to be married.

If only the father is British and parents not married, then it depends:

- If born after 2006, the father is not required to be married to the mother in order to transfer the British citizenship (assuming he can).
- If born before 2006, the child can register as BC. See Children born before 1 July 2006 whose father is a British citizen but not married to their mother.

[Jambo]

I guess no one bothered to update it when the law was changed in 2006.

For children born after July 2006, there is no requirement for the parents to be married for the father to pass BC or for a UK born child to a settled father to obtain BC from birth.

[sam2106]

got you now thanks a lot!

I guess no one bothered to update it when the law was changed in 2006.

For children born after July 2006, there is no requirement for the parents to be married for the father to pass BC or for a UK born child to a settled father to obtain BC from birth.