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MN1 - Child application - which category

Posted: Wed Oct 01, 2014 12:53 pm
by ashish_mistry
Hi
Am making a joint application for naturlaisation
1-Me
2- Wife
3 - Child (6 years old born abroad )

We all have ILR,
were not born in UK and
not UK citizen by descent and
have been in UK for 5 years+ via Tier1 work visa
not been absent from uk for more than 20 days in 5 years - i.e. satify all requirements

I was wondering which section/ category would i be applying for registration of my child who is 6 years old?
section 3(1) or
section 3(5)

section 3 (1) any other case not listed below where it is considered to be in the child’s best interests to be granted British citizenship.

Section 3 (5) - the text says
To qualify under this section the child and their mother and father should have lived in
the UK (or British overseas territory (see page 8) if born after 21 May 2002) for a three
year period ending with the date the application is received. And the child and their
parents should be physically present in the UK or a British overseas territory at the start
of that period
A child registered under this section will be a British citizen otherwise than by descent

Re: MN1 - Child application - which category

Posted: Wed Oct 01, 2014 1:07 pm
by vijayballa
I think its Section 3 (1).

but wait for seniors to respond.

this is what I see in MN1 guide.

section 3 (5) birth abroad to parents who are British by descent but are now
living in the UK or a British overseas territory.

Re: MN1 - Child application - which category

Posted: Wed Oct 01, 2014 6:37 pm
by ashish_mistry
Thanks for your reply Vijay, second opinion always helps

I am increasingly tending towards going with Section 3 (1)
Children born abroad to parents who are applying for British citizenshipWhere one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK.

So my think it suggests if our(parents) application is successful the child will be considered for registration

Like said section 3 (5) - Children born abroad to British parents – Section 3 (2) or section 3 (5) application - which clearly is not my case for some reason (I think some guidance notes with the form or wordings made me believe that it could be section 3(5) :)