British Citizenship Query - AN Form and MN1 section 3(5) or 3(1)

[trek]

Hi Moderators/Users

I looked through other topics but could not find similar situation to my case. Hence raising the query.

I have 2 doubts which need clarification in relation to the citizenship applications.
Following is the situation:
1. Parents - Married in Feb 2006
2. Child Born outside UK (in Asia) (Nov 2008) to non british parents
3. Both Parents and Child got ILR - Feb 2015
4. Father got British Naturalization in Feb 2017
5. Mother and Child together applying for British Citizenship in Nov 2017.

Question 1: I think Mother eligible under 3 yr residence rule (spouse of british) ? Please confirm.
Question 2: Whether My son born abroad will be eligible to apply under section 3(5) or section 3(1)? Please confirm.
I think my son is eligible under section 3(1) but i am bit confused, due to following:

Section 3(5) Says:
<In the MN1 Guide 2017 - page 11>
To qualify under this section the child and their mother and father should have lived in
the UK (or British overseas territory if born after 21 May 2002) for a 3 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.

While another document says, section 3(5) is for child born to parents who are British citizens by descent
Following link says about section 3(5) - page 12
https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

<In the MN1 Guide 2017 - page 10> says
Children born abroad to British parents – Section 3(2) or section 3(5) application.
This category applies to children who:
 were born outside the United Kingdom
 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” in this guide).

Section 3(1) Says:
<MN1 Guide 2017 - page 14>
Registration at the Home Secretary’s discretion – Section 3(1) application
Children born abroad to parents who are applying for British citizenship
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 (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.

Thanks & Regards,
Trek

[CR001]

Question 1: I think Mother eligible under 3 yr residence rule (spouse of british) ? Please confirm.

Correct, provided she meets the requirements, including being physically present in the UK at the start of the 3 year qualifying period and is within the absence limits.

Question 2: Whether My son born abroad will be eligible to apply under section 3(5) or section 3(1)? Please confirm.
I think my son is eligible under section 3(1) but i am bit confused, due to following:

Section 3(1) for child born abroad holding ILR. Section 3(5) and 3(2) are not relevant to your circumstances as you are not British by Descent.

[trek]

Thanks for the prompt reply