MUST BOTH PARENTS NEED TO SIGN?

[mel1234]

I need advise: I have to apply for my four year old son's British Naturalization as when he was born in the UK and at the time of his birth I did not my Non-EEA residency permit. Me and my husband is seperated and I have a residency order and a non prohibited steps order with no contact order as the court voided the contact order.

Problem is that my ex husband does not want to sign the application and my son needs a passport, we are not legally divorced yet.

How can go about to do the application without his signature?

[davidr450]

Hi Mel,

It seems that it depends on the reason for naturalisation. I assume you are using form MN1, in which case it says specifically that you can have the consent of only one parent if you provide proper reasons and documentary proof of this. This may, or may not be valid, and you may have a problem since you are still married, as your husband may claim that you are planning on fleeing the country with your son without his consent (which would usually amount to kidnapping).

I'd seek legal advice. eitehr approach your embassy, or a legal advisor who understands UK citizenship law.

[mel1234]

My son holds a South African passport currently and and I hold Perminent Residency as a NON EEA dependant. The reason for the application is because I want to apply for our British Naturalisation? Not to take him of out the country.

Thank you for your reply

[fwd079]

My son holds a South African passport currently and and I hold Perminent Residency as a NON EEA dependant. The reason for the application is because I want to apply for our British Naturalisation? Not to take him of out the country.

Thank you for your reply

I am guessing by " Perminent Residency as a NON EEA dependant." you meant ILR? If this is the case then you are not a dependant any more once you hold ILR. I'd agree to go for proper legal advice.