MN1 child application section 3(1)

[ak47]

Hi all,

I have recently acquired british citizenship by naturalisation and my wife is on ILR. Can we register our child born outside UK who enterted UK on ILR dependent visa of 3 years. The biometric card says DEPENDANT - LEAVE TO ENTER. The baby is 1.5 years old and has been in UK only for 3 months. Can we register child as british citizen under MN1 section 3(1) or do we have to wait for child to complete 2/3 years in UK?

Any help is appreciated. Thanks.

[CR001]

When did your wife get ILR?

[ak47]

we both got ILR in Feb 2014 but my wife was out of country for long time (more than 270 days) so not eligible for British citizenship right now.

[CR001]

I am not sure if what has been issued to your child is ILE (Indefinite leave to enter) or just leave to enter visa. What is the visa validity?

[ak47]

I don't know if its ILE. On the card it says valid from Aug-2015 till May-2018 (2years and 9 months - strange)

Its printed as follows on card

TYPE OF PERMIT:
DEPENDANT
LEAVE TO ENTER

REMARKS:
WORK PERMITTED

[fwd079]

Child must have no restrictions on their stay in UK if born abroad to parents who were not British at the time of birth, i.e. they must have ILR.

[ak47]

The child is currently on family of settled person visa.
Safe option would be to register childs BC when mother is eligible for naturalisation as a family application? as indicated in MN1 guidelines.

Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship

[b]Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth[/b] (see “Automatic acquisition of British citizenship” above) to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is
settled in the UK.

[fwd079]

If one parent A is applying for British Citizenship, and parent B has settled (ILR visa for non-EU, PR for EU) in UK then child can apply with parent A.
This was the case with myself as well which went through without any problems. Good luck.