Child born outside UK (Father- UK Citizen and monther ILR)

[aknc789]

Dear Sir/Madam,

My Son born outside UK (i.e. abroad asian country in August 2013 . Since 20th June 2014 my SON is continuously staying with us in UK [He came to UK on 20th June 2014]. (my son stayed for 20 months in UK till present date). Currently he is on Tier-1 General Dependant Visa, which expires on Jan 2017.

I am a UK Citizen since January 2016 and staying in UK since 6 years & 6 months. I never been absent from UK for more than 2 months in last 6 years & 6 months.

My wife is staying in UK since April 2012 (Almost 4 years). She came to UK first time on April 2012. But she is absent from UK for period 15 months in last 4 years. She went to abroad for delivery and my son born in INDIA. She was absent from UK from Match 2013 to June 2014. Since 20th June 2014 she is continuously staying with me in UK.

Now my wife is planning to apply for Indefinite to Leave Remain (ILR) in March 2016.

Can we apply UK Citizenship (Naturalization) for my son in April 2016 as I am UK Citizen and once my wife get her ILR in March 2016.

We have little bit confused as per below statement in guidance notes mentioned in MN1_Guide_December_2015.

Section 3 (5) To qualify under this section the child and their mother and father should have lived in the UK (or British overseas territory (see page 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. The child and their parents should not have been absent from the UK (or the British overseas territories if appropriate) for more than 270 days during the 3 year residential period. There is no discretion to disregard absences greater than 270 10 days.(Page - 9 of the ref document at https://www.gov.uk/government/uploads/s ... r_2015.pdf)

Does it affect my wife absent more than 270 days for my SON citizenship application.

Could you please confirm whether we can apply for ILR or Citizenship for my SON in April 2016.

I would like to appreciate your answer to my above query.

Thanking you Sir/Madam.

Regards
Ak

[noajthan]

Sections 3(2) & 3(5) do not apply to you as you are not a citizen by descent.

For foreign-born child in your circumstances, registration of child at Home Secretary's discretion under Section 3(1) of BNA is appropriate route.

See https://www.gov.uk/government/uploads/s ... r_2015.pdf
- ref page 12.

Child should be settled in UK.
Mother too should have ILR.
When mother applies to naturalise, child may be registered with her as part of a 'family application'.

Good luck.

[aknc789]

Thank you very much noajthan