Child born outside UK to Father who is British now.

[bcoolncalm]

Hi Everyone,

My son was born in Pakistan and at that time I was on Tier-1 General visa and he came to UK couple of years ago. I got citizenship through naturalization a year ago.

My wife is still on a spouse visa and as per the rule, I should wait for her to get an ILR first before I apply for my child's Registration. The rule states:

"If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect that the other parent to hold (or to be close to holding) a ILR/PR status.
For the guidelines on Registration at discretion see section 9.17."

I wanted to see whether anyone on this platform has experienced something similar where he applied for his child's registration who was born outside UK, and one of child's parents is a British citizen now, whilst the other one isn't yet?

Thanks for your help.

[CR001]

A child born abroad will be expected to hold ILR. What is the child's current visa status?

[bcoolncalm]

Thanks for your reply.

He is on a dependent visa as I did not have British citizenship/ILR at the time he was born.

[fwd079]

Thanks for your reply.

He is on a dependent visa as I did not have British citizenship/ILR at the time he was born.

He needs to attain ILR.

[CR001]

His visa is likely issued in line with your spouse's visa and he will qualify for ILR at the same time as your spouse. Your spouse will need to hold ILR for your childs citizenship application to be successful.

[secret.simon]

Page 12 of the Guide MN1 clearly states that for children born outside the UK, both parents are expected to be British citizens or at least one parent is to be a British citizen and the other parent settled in the UK and applying to be a British citizen for discretion to be exercised under Section 3(1).

Broadly, the principle for children born outside the UK is that their status follows the status of the less-privileged parent; in this case, your wife's.

Can I ask the OP for a link to the document where he got his quote from?

[fwd079]

Page 12 of the Guide MN1 clearly states that for children born outside the UK, both parents are expected to be British citizens or at least one parent is to be a British citizen and the other parent settled in the UK and applying to be a British citizen for discretion to be exercised under Section 3(1).

Broadly, the principle for children born outside the UK is that their status follows the status of the less-privileged parent; in this case, your wife's.

Can I ask the OP for a link to the document where he got his quote from?

Link which is interesting since member asking question took it as a rule.
Whereas it is merely a guidance/FAQ.

I would request strongly to the member to read the guide MN1 before proceeding. Good luck.