MN1, citizenship and marriage certificate

[icuexyz]

Hi

My daughter was born in the UK in 2017 to EU parents. Later in 2019 the three of us (child and both parents) got granted with Settled Status under EU Settlement Scheme. I have now applied (via MN1) for her registration as a British citizenship by virtue of Section 1(3), as her parents have now become settled.

I was reviewing the post application documents we need to provide them with in our appointment for the biometrics, and to my surprise the marriage certificate is apparently one of the mandatory ones. It was my understanding that the parents' civil status was irrelevant in this scenario, but I wonder if I am wrong.

Just to clarify, we are married, indeed, but my actual concern is that it is very likely I'd need to travel to personally obtain this certificate in my country, and then get it translated, and given the current pandemic circumstances and tight time frames this can be problematic as I am not sure I can get it in time for the appointment.

Can anyone clarify if the marriage certificate is really required for citizenship registration under Section 1(3)?

Many thanks

[alterhase58]

The MN1 guidance (page 24) states the following (quote):
"For children living in the UK
Provide the following:
• Child’s full birth certificate
• Child’s passport of entry to the United Kingdom, and any subsequent passports
• Parents’ marriage certificate or civil partnership certificate
• If one of the parents does not agree to registration a letter explaining their
reasons.
• If the application is being made by a guardian, evidence of their right to do so,
such as a deed, will or court order.
Only include children who are not already British. "
https://assets.publishing.service.gov.u ... -Jul19.pdf

Other members should confirm or explain otherwise.

[CULLINAN]

Just to share my own personal experience:

I successfully registered my daughter (born in UK, mother on ILR status) as British and did NOT submit any marriage certificate.

I believe if the mother is settled and the child relies on that proof, marriage certificate is immaterial.

The child’s UK birth certificate and mother’s settled status evidence should be enough.

[icuexyz]

As I said the document is definitely in the list of mandatory ones for the UKVCAS appointment, but I still wonder if marriage as such matters when it comes to registration outcome, as Section 1(3) is all about the parents becoming settled, not about them getting married.

Now that CULLINAN mentioned that, 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?

Thanks both.

[secret.simon]

Did 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.

[CULLINAN]

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?

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.
It is the documentary evidence you provide to support the application. I would advise to rely on mother’s settled status documentary evidence in this case.
Also, a consent form is needed. Both mother and father signs it.

[CULLINAN]

Did 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.

What about unmarried couples? Can they not register their children as British after they are settled?

[CULLINAN]

In my case, me and my wife are religiously married (Islamic marriage inside UK). Our marriage is not registered in UK so legally we are considered unmarried in UK.

However, I have always declared us “married” in all UK immigration applications/British Citizenship application and clarified we are “religiously” married. I declared the same for my daughter’s MN1 application.

Did not send any marriage certificate. On top of it our marriage is not even considered legal in UK. Had no issues in registering daughter as British without a marriage certificate. Mother’s ILR status (settled) and UK birth certificate was enough.

I am not sure if marriage certificate is a mandatory requirement for children relying on father’s ILR (settled status)?
But if it is then what about unmarried couples?

@secret.simon

[secret.simon]

To the best of my knowledge, provided both parents are unmarried, a father named on the birth certificate would be recognised as the father and can (possibly) register the child as a British citizen once that father has been granted ILR.

I believe (I could be wrong) that in the case of unmarried parents, the Home Office can require DNA evidence that the putative father is indeed the biological/natural father of the child.

However, if the mother is married, the mother's husband is the father of the child for the purpose of any facet of nationality law.

(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.

[CULLINAN]

Thank you. So looks like if a mother is unmarried or married (marriage certificate is immaterial then)?
Best to rely on mother’s settled status if there is no marriage certificate.