British Nationality for child born outside the UK from EEA P

[Marko71]

Hi,

I would like to ask you if I am able to apply for my 2 years son to be registered as a British Citizen.
Here are the facts:
My wife and I are Italians and we live and work in the UK. I live in the UK since 1999 and my wife since 2012.
My wife had a difficult pregnancy and for this reason we decided that it’s better for her to give birth in Italy so she can have support from our families.
My son was born in 2014 and after 4 months he moved with my wife back to the UK.
I became a British citizen by naturalisation in July 2015.
As a British citizen can I apply for my son that he lives in the UK to become a British citizen?

Many Thanks

M

[Marko71]

Does anyone know if I can aplly under Section 3(1)?

[noajthan]

Does anyone know if I can aplly under Section 3(1)?

Yes 3(1) is relevant section of BNA in your case.
It is registration at discretion of Home Secretary.
You will need to show son has settled status (PR).
Your wife should be settled in UK too - and applying for naturalisation.

[Marko71]

Hi noajthan,

Thanks for the reply.

Two more questions:

- "You will need to show son has settled status (PR)." How do I show this and what form do I have to fill? How long do I have to wait? (My son lives in the UK for the last 18 months and he attends the nursery for the last 8 months).
- "Your wife should be settled in UK too - and applying for naturalisation." - My wife lives and works in the UK for the past 4 years. Now that I am a British citizen can she apply with the 3+1 year rule or she still has to wait for 5+1 years before she can apply. Does she need to apply for a PR card? Does she really need to apply for naturalisation before we can apply for our son to be registered as a British citizen?

Many Thanks

[CR001]

She needs PR and your son needs PR as he was born outside the UK before either of them can apply for citizenship (either together or separately).

[boloney]

- "You will need to show son has settled status (PR)." How do I show this and what form do I have to fill? How long do I have to wait? (My son lives in the UK for the last 18 months and he attends the nursery for the last 8 months).

your son will have to live at least 5 years in the Uk before he can apply for PR

[adam_now]

your son will have to live at least 5 years in the Uk before he can apply for PR

That might not necessarily be required, though it's entirely at the mercy of Home Office case worker. Mine is a similar case (http://www.immigrationboards.com/britis ... 02485.html), however please note the following differences:
* wife was applying for BC at the same time (part of family application) having already held DCPR
* child was 4.5 years (so very close to 5 years qualifying period, as came to UK 4 weeks after being born)

One can argue that HO guidelines require child to be free from immigration restrictions, and I don't see an EEA minor being under any (there's no deadline on his visa, etc.), however it's all under discretion of SoS so could theoretically be refused for any reason.