MN1 for child

[wasimabbas3]

Hi

Sorry to post a reply in this thread but I tried to search and couldn't find my relevant info/thread

My child arrived with my wife to the UK in March 2022 on dependent visa. I became British citizen in 2017 but my child was born in 2014 and at the time of his birth I only had Tier 1 General visa. I have 3 more kids who have got British Passport from Pakistan as they were born after I received my ILR. My child has been in the UK since March 2022 and his visa extension is coming up in October 2024. My question is, will I be able to register him as a British before his visa expires (after 2 years in the UK) or does he have to wait until 3 or 5 years. I heard from someone in the past they they can register as a British after 2 years in the UK but that info is not very solid. Can I apply for him after he has been here for 3 years (after getting him a visa extension in October 2024). And what will be the process for that please.

Your help in this matter is appreciated.
Thanks
Waseem

[CR001]

No shortcut route unfortunately.

The child will follow the same immigration path as your spouse and need and extension and ilr before you can register the child as british.

[wasimabbas3]

Thanks for the reply

I was reading this guide https://assets.publishing.service.gov.u ... t_2023.pdf and on page 10 it says under section 3(5) if you child has lived in the UK for 3 years and not exceeded 270 days outside the UK in those 3 years then they can apply to be register as British, or am I misunderstanding it? Can you please guide?

Thanks

[CR001]

You are misunderstanding.

Section 3(5) is for children born abroad to a british by descent parent(s) , ie a parent born abroad to british born parents.

[secret.simon]

I was reading this guide https://assets.publishing.service.gov.u ... t_2023.pdf

The part that is applicable to your children, where neither the parents nor the children had British citizenship at the time the children were born, is on Pages 15 & 16 of that guide.

As CR001 has advised above, Section 3(5) applies to children of British citizens by descent parents, who can't automatically pass their British citizenship to their children at birth. But at least one of those parents must be a British citizen by descent parent at the time of the birth of the child for a Section 3(5) registration.