British nationality for a child MN1 - parental consent

[smartgirl1]

I will be applying for British nationality for myself and my daughter. We are both EU citizens.

MN1 form mentions that consent is required for anybody with parental responsibility. I am divorced from my daughter's father. I have asked him for parental consent directly as well as through solicitors, which he has so far ignored. I do not see a reason why he would object to his daughter having British nationality, he is just difficult about it for the sake of it.

Is my daughter's application likely to be rejected without the consent of her father?

Ideally I would like to submit her application at the same time as mine.

[John]

As regards the divorce from your ex-spouse, do you have any sort of Court Order giving you custody of the child?

[smartgirl1]

Hi John,

At the moment the court order which is in place is a Shared Residency order, however the child resides with me majority of the time.

[JAJ]

If child is UK born and parent is now permanent residence, then parental consent is irrelevant.

Otherwise,

... There's a lot of information in the Home Office Nationality Instructions but the bottom line is that while consent of the other parent will normally be sought (if parental responsibility exists), it cannot unreasonably be withheld.

In other words, they will only allow the other parent to veto the application if a good reason is provided. For example, if it means the child will lose existing citizenship, that may carry some weight.

SO, what nationality are you?

[smartgirl1]

Child was born in UK, I have ILR. NCS advised me as well that parental consent is irrelevant.

My nationality is Lithuanian (EU).

Aplications have been submitted, fingers crossed.

[JAJ]

Parental consent is irrelevant as child is UK born, so full marks to NCS.

Presumably you're aware that you'll most likely lose your Lithuanian citizenship, but that may not be a problem.

http://www3.lrs.lt/pls/inter2/dokpaiesk ... _id=326111

[Maza]

Hello,
I was wondering what the outcome of your MN1 application was?

I'm in a similar situation...I'm due to submit MN1 application for my son under section 1(3). He's UK born and I'm EU national. I have've been granted my PR card (which I believe is an equivalent of ILR).
I'm divorced from my son's father for over 5 years now and as the application will be based on my status (I'm now settled) may I send it without my ex-husband details/consent? We don't talk to each other however I know for sure that he would refuse and make it as difficult as possible for me (he's EU national as well). I intend to include my divorce papers with my son's application to support it.

I would be very grateful for your replies.

Thank you very much,
M.

[John]

Maza, please confirm which came first, the birth of your son, or you getting your PR status?

[Maza]

Hi John,

Thank you for thaking time in reading and replying to my post.
My son was born in 2006 and I received my PR card last month (I've lived in UK for 9 and a half years now).

Thank you,
M.

[Maza]

Hi,

I would be extremely grateful if someone could kindly advise me on the subject.

Many thanks,
M.

[John]

Hi, given that the birth was before you got your PR status I confirm that a section 1(3) application is required in respect of your born-in-the-UK child.

See what JAJ posted in this topic on 15.05.10. That is, prove that the child was born in the UK, and one or both parents have "settled status" such as PR, and the application must be granted ... no UKBA discretion involved,

[Maza]

Hi John,

Together with my son's application I will include his British Birth Certificate and my PR card together with the letter that came with it (I'm officially settled now).

Do you know would NCS would accept cash for this application at the time of the appointment or will it have to be card transaction???
Silly question I know but I wasn't able to find any information about it at the time of my appointment booking.

Thank you millions for all the info John!!!!

M.

[Maza]

Hi ya,

I've submitted the MN1 application via NCS yesterday :0)
Now the waiting begins....fingers crossed!
I'll definitely post the outcome :0)

Thank you,
M.