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For a child born outside the UK, living in the uk for last 5 yrs
one of the parents a naturalised citizen (child and other parent on ILR)

while applying for naturalisation, the applicable section of the nationality act is section 3(5) - Is this correct?

Minors do not apply for naturalisation but for registration as British citizen. In this case (child born abroad), registration is subject to discretion under (section 3(1)).


regards

sushdmehta wrote:Minors do not apply for naturalisation but for registration as British citizen. In this case (child born abroad), registration is subject to discretion under (section 3(1)).


regards

I had the doubt since section 3.1 of the application MN1 says that
its for children of parent of British citizen by 'descent'

sushdmehta was referring to section 3(1) of the BNA1981, not section 3.1 of the form MN1.

Idea wrote: the applicable section of the nationality act is section 3(5) - Is this correct?

Section 3(5) of BNA 1981 applies to child(ren) whose either parent is British by descent. Likewise, for section 3(2).


regards

vinny wrote:sushdmehta was referring to section 3(1) of the BNA1981, not section 3.1 of the form MN1.

thanks for the reply...but the legal speak of the BN act is above me...
in the form is it required to fill section 3.1?

Guide MN1 wrote:Section 3: PARENTS’ RESIDENCE IN THE UNITED KINGDOM OR THE BRITISH OVERSEAS TERRITORIES, WHERE APPLICABLE.

If the application is in respect of a child born abroad to parents who are British citizens by descent under section 3 (2) or 3 (5) you should complete this section. Otherwise go straight to Section 4: Good Character.

Therefore, Section 3 of the application form MN1 is not applicable.


regards

Idea wrote:

vinny wrote:sushdmehta was referring to section 3(1) of the BNA1981, not section 3.1 of the form MN1.

thanks for the reply...but the legal speak of the BN act is above me...
in the form is it required to fill section 3.1?

you are applying under section 3(1) of BNA
if you read the MN1 guide: first paragraph on page 21 -> answer is "no"
but please really read the guide or if you do not feel comfortable to fill in the form by yourself, hire the immigration lawyer or use NCS

good luck