MN1 with section 3(1)

[manoharlinux]

Hi guys,

i tried searching for any info on section 3(1) with MN1 in this forums but could not get any.

http://www.ukba.homeoffice.gov.uk/briti ... thercases/

my requirement is that with baby under ILR , father as Citizen , mother on dependent visa , can i apply for baby Citizenship under section 3(1).

any info on this topic will be really useful.

Thanks
Mano

PS: I am asking this on behalf of my close friend.

[vinny]

See also Citizenship Eligibility for Child born abroad -- need help

Where was baby born?
What were the parents' status when baby was born?

[manoharlinux]

child was born in India before father had ILR and became British Citizen. Mother was in tier -1 dependet visa at the time child birth.

Child now has ILR ,which was applied along with his father, and is now in UK for more then one year

Thanks vinny, post : http://www.immigrationboards.com/viewto ... 903#457903 and guidelines onRegistration at discretion see section 9.17 are really useful.

I take it that MN1 with section 3(1) is fine in this case. but are there any other ways to get child Citizenship (before 10years)[/url]

[vinny]

Read Chapter 9.

[manoharlinux]

Thanks again for fast reply and links

..still reading links and pdf's, but

Do you think its better to wait for mother's ILR before applying for child --OR-- its better to continue with child application MN1 under 3(1) right now?

Thanks
Manohar

[vinny]

9.17.9.

[manoharlinux]

Hi Vinny,

sorry for bothering you but do you know what proof is accepted for other partners below requirment. Does a letter from partner (who is housewife) promissing to stay here for settling along with husband valid.

otherwise only option is to wait for partner ILR.

whilst not settled, is unlikely in the short or medium term to be
returnable to his or her country of origin (eg s/he has been granted
Discretionary Leave), and there is otherwise no reason to think that
the child’s future does not lie in the United Kingdom.

[John]

As the father now has British Citizenship there is no problem them making a section 3(1) application to Register the child as British.

This assumes of course that they are named as father on the child's birth certificate.

[manoharlinux]

Hi John,

thanks for reply ,

I am not entirely convinced, why do you think it won't be an issue.
How would a case worker then treat quoted section.

sorry being skeptical. Just want to be right when applying for one.

whilst not settled, is unlikely in the short or medium term to be
returnable to his or her country of origin (eg s/he has been granted
Discretionary Leave), and there is otherwise no reason to think that
the child’s future does not lie in the United Kingdom

Thanks again for your time
mano

[John]

But the child is "settled" in the UK. You have told us that they have ILR. So the words you quote do not apply.

I fear you are trying to invent a problem that does not exist.