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Child Registration under section 3(1)

Posted: Fri Sep 27, 2019 12:50 pm
by amahmed81
Hi Everyone

I am British Citizen and my wife recently got her settlement(ILR). I have a son who is 8 year old born outside uk and is on Tier 1 visa currently. His visa will expire in March 2020. I got British citizenship after he was born.

I found on immigration forum that I can register my child as British citizen under home secretary discretion section MN3(1) along with my wife citizen application. Can someone confirm if this correct or someone with similar situation been successful.

Thanks,

Re: Child Registration under section 3(1)

Posted: Fri Sep 27, 2019 12:56 pm
by CR001
He needs ILR first. Why was he not included with your wife's ilr application?

Re: Child Registration under section 3(1)

Posted: Fri Sep 27, 2019 1:06 pm
by amahmed81
As per MN3(1) Which is below states that he can be registered. Does not say about ILR so I thought i will apply for his registration directly

Registration at the Home Secretary’s discretion – Section
3(1) application
Children born abroad to parents who are applying for British
citizenship
Where 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
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and the other is settled in the UK.

Re: Child Registration under section 3(1)

Posted: Fri Sep 27, 2019 1:15 pm
by CR001
It is a risk you take and it can be refused and many have been refused, losing their fee and potentially the child's visa expires too during the process.

Children born abroad are expected to be free from immigration time restrictions, ie hold ilr, especially older children.

Re: Child Registration under section 3(1)

Posted: Fri Sep 27, 2019 2:07 pm
by amahmed81
Hi CR001,

So you are saying it is not worth a risk?. Now if I decide to apply ILR what documentation do I need for Son who is 8 year old. Also once he get ILR does he need waiot for 12 month before Registering as british citizen
Thanks

Re: Child Registration under section 3(1)

Posted: Fri Sep 27, 2019 2:54 pm
by CR001
So you are saying it is not worth a risk?.
Only you can decide if you want to take the risk and lose over £1000.
Now if I decide to apply ILR what documentation do I need for Son who is 8 year old.
Form Set(O), minimal documents.
Also once he get ILR does he need waiot for 12 month before Registering as british citizen
No.

Re: Child Registration under section 3(1)

Posted: Fri Sep 27, 2019 4:02 pm
by amahmed81
Thank you