British citizenship for dependant (child) when separated

[Vrishank_12]

Hi ,

can someone please let me know if I am eligible to apply citizenship both for me and my dependant (toddler 2 year old) .
I am separated from my partner for over a year now. my partner lives in India and has been there for the last 5 months . not sure if my partner intends to return back. all of us hold ILR for more than a year now.
Me and my child have been living together here and both qualify for as per every other rule (residency , good charater , english etcc ..) under british citizenship. can i apply for my child as well without partners consent .

[CR001]

Was the child born in the UK?

[vinny]

No?

[CR001]

No?

Thanks vinny (should have checked)

In that case, consent is required.

[Vrishank_12]

The child was not born in the UK , i do have the birth certificates , the child has an Indian passport , and has been with me since June 2015. we have an ILR starting May 2016 until 2024

[CR001]

The child was not born in the UK , i do have the birth certificates , the child has an Indian passport , and has been with me since June 2015. we have an ILR starting May 2016 until 2024

You will need the other parents consent. See page 28 and 29 (Section 7) in the link below.

https://www.gov.uk/government/uploads/s ... y_2017.pdf

[Vrishank_12]

thanks for the information ,
thats what confusing me , it states

For section 3(5) it is a legal requirement that both parents consent to the application.
In the case of widowed, divorced or separated parents, this only applies to one
parent. If the child’s parents were not married, only the mother needs to consent –
unless citizenship is being applied for on the basis of a British citizen father, when he
will need to consent

would the highlighted text mean that the main parent with whom the child resides , that consent is sufficient ? excuse me if i misunderstood this .

[CR001]

What you have quoted is for a Section 3(5) citizenship application which is NOT applicable to you as your child applies under section 3(1) which is an application at discretion. Read further on, page 29.

[Vrishank_12]

Thanks All , I am not 100% sure of what can/should be done here, My partner is in India and we have not been in touch , Neither will my partner take any interest on my email nor will she provide me a consent letter from India and post it . Any suggestions , any exceptions , can i not apply without this letter ?

[vinny]

See also 9.18 Parental consent.

[Vrishank_12]

Thanks for your reply, What can be done now ? I am not getting permission from my partner from India .
My partner is not willing to take any interest here . Any suggestion ?