Hi need help please. Df has informed me he is refusing to sign consent for dd to obtain her british citizenship because he feels he doesn't have a relationship with his children and therefore refuses to sign (he's told his children that they are not welcome in his home). What recourse do I have what can I do? What can I ask the courts to do? Thanks
What type of naturalisation application is it? Was your DD born in the UK or born abroad?
If she was born in the UK, then she'll be entitled to registration as a British citizenship and parental consent isn't needed because of the fact it's an entitlement.
If she was born abroad, it does become more complicated, but when you apply, you need to explain that her father has refused consent. Usually consent of both parents is needed but all the circumstances are taken into account.
It could be important. How old is your DD? It's impossible to say really without more information.
If your DD was born in the UK to a parent who became settled or British after she was born, or if she was born here and has lived here for the first ten years of her life with no major absences, then you don't need her father's consent.
If she was born overseas, it becomes more complicated.
Thank you. Seems it’s going to be complicated as she was born overseas. I phoned the border agency but they weren’t much help. They just said it will be assessed on a case by case basis. Just can’t believe her df would do this out of pure spite 😞
There are ways around it, but it is done case by case, I'm afraid.
Are you British, if you don't mind my asking? Or are you trying to claim by descent status through your DD's father?
The most common type of application where the child is born overseas, is called a section 3(1) application under the British Nationality Act 1981. That requires both parents to be settled in the UK, the child to be settled in the UK, and at least one parent to be British or about to become British themselves.
There are other types, but I'd recommend contacting an immigration advisor for advice, as you will lose the fee if the application is refused.
I was very surprised to discover my sons were considered British even though they were born in the U.S. It was because I am a Brit apparently. My youngest used my birth certificate to get a British passport (just because he could) while he was going to uni in England. He even voted once before returning to the U.S.