Section 3(2) or Section 3(5) for MN1 - Child Appln

[ILR_Queries]

Hi,

I want to get a clarity on which category should my child apply for MN1 application considering my circumstances.

Myself already a British Citizen and my spouse about to apply for Naturalisation. Our child was born outside the UK in 2007 and living with us since then. My child is already an ILR dependant.

I am confused with what category that my child would fall under
to apply for Naturalisation as both the sections seems to be applicable for me, i.e. Section 3(2) and Section 3(5)...

Here with i am referring to sections in the MN1 guide, which causes the confusion...

Section 3(2)

This category applies to children who
• Were born outside the United Kingdom. Or
• If born after 21 May 2002, were born outside any of the British overseas territories
(listed below) and
• In either case, were born to parents who are British citizens by descent (see “Automatic acquisition of British citizenship” on page 6).

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 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.

Can some one pls clarify??

[Jambo]

Assuming from your username that you are a naturalised British citizen (and not British from birth), then it's neither. It should be section 3(1).

I suggest reading Citizenship FAQs - Common Questions - Read before posting - Children.

[ILR_Queries]

Yes, i am naturalised British Citizen.

Thanks Jambo.

Assuming from your username that you are a naturalised British citizen (and not British from birth), then it's neither. It should be section 3(1).

I suggest reading Citizenship FAQs - Common Questions - Read before posting - Children.

[SgtBellPepper]

Hi Jambo,

May I please query your answer above?

I am in pretty much the same boat and wanted to be sure.

I am a BC (having been born in what was then Rhodesia) to a British born mum and British born grandparents on her side, prior to 1983.

This is how I got my BC. I assumed this meant that I had 'earned' it by descent.

Now that we live in the UK with my non-BC wife and non-BC child (along with 2 BC children). They are applying for ILR as we speak.

I was under the impression that 3(5) would apply for registration of my non-BC child?

Am I wrong?

Thanks.

[Jambo]

Hi Jambo,

May I please query your answer above?

I am in pretty much the same boat and wanted to be sure.

I am a BC (having been born in what was then Rhodesia) to a British born mum and British born grandparents on her side, prior to 1983.

This is how I got my BC. I assumed this meant that I had 'earned' it by descent.

Now that we live in the UK with my non-BC wife and non-BC child (along with 2 BC children). They are applying for ILR as we speak.

I was under the impression that 3(5) would apply for registration of my non-BC child?

Am I wrong?

Thanks.

You are not in the same boat as you are BC from birth (by decent) and the OP is naturalised British.

Section 3(5) is the one that applies in your case. This is entitlement so once the child is meeting the requirements, the application would be granted. There is no discretion involved.

(section 3(1) is application at discretion).

[SgtBellPepper]

My mistake.

Thanks for clearing that up Jambo.

Much appreciated.