ILR via PBS dependent - Form MN1 - Which British Nationality Act 1981: 3(1) or 3(5) ?

[user_name]

Hi,

Earlier on PBS (Tier 1) dependent children, now on ILR, applying for Registration using form MN1.
Father of the children is British Citizen and mother of the children is on ILR.
The mother is also planning to apply for Naturalization at the same time as children using form AN.

Form MN1, question 1.1 asks "Indicate the section of the British Nationality Act 1981 under
which you would like the application considered. See chapter 2 of
the Guide for details:",
I checked it and confused whether it will be section 3(1) or 3(5) or anything else?

Would you help please?

Thanks.

[secret.simon]

Section 3(1).

Section 3(5) applies to children of British citizens by descent. If the father acquired his British citizenship by naturalisation, he is a British citizen otherwise than by descent and so Section 3(5) does not apply.

[user_name]

Thank you.