MN1 Application: Section 1(3) or Section 3(1) ?

[pcsumanth]

Hello folks,
Myself and family (spouse + 1 kid) are applying for naturalization in July. Our kid was born in UK while we were still on Tier 1 visa. Myself and my wife were granted ILR last year (July). The kid is still on dependent visa as we decided to apply for naturalization together.

My question is which section of British Nationality Act should I use for the kid's application?
Section 1(3) looks straight forward - birth in UK to parents who are now settled.

However the guide states section 3(1) - child whose parents are applying for British citizenship .

Can someone please help ? Further , if section 1(3) is what I am supposed to use, should I be answering the question 8.8 "[For parents applying for British citizenship at the same time as their child] I still
want my child to be registered as a British citizen even if my own application for British
citizenship is refused." in the Consent section?

Thank you.

[CR001]

Section 1(3) - for children born WITHIN the UK.

Section 3(1) - for children born OUTSIDE the UK.

8.8 is not relevant as a UK born child has an entitlement to register.

[pcsumanth]

Thank you for the quick response.


regards.