Apply British Citizenship- Son born in UK before granted ILR

[Sha123]

Dear Amber and all;

Could you please help me to make clear these below questions I have.

I recently received ILR Long Residence (April/2015) Permit.

Along with, My Wife received Spouse/ Partner Leave to Remain for 2.5 Years and My Son (2.5 Years Old) got Dependent Leave to Remain for 2.5 Years.

My Son Born in the United Kingdom and, I was in Tier 4 Student and my Wife granted as PBS Dependent during that time.

01. Could you please let me know, what possibilities for apply British Citizenship for my son?

02. I am looking to apply British Citizenship on next year and can my son apply British Citizenship along with my application or after I received British Citizenship for myself.

Many Thanks

Sha

[CR001]

As your son was born in the UK, there was no need to apply for a dependent visa. You can register him as British as soon as you are granted ILR on the basis of entitlement under section 1(3) of the nationality act. He does not require ILR or a valid visa for this route.

You can apply for him now on form MN1, there is no need to wait until you apply.

[Sha123]

Many Thanks CR001 !!! I will look at that form and let you know if I need anything to know again.

[Sha123]

As your son was born in the UK, there was no need to apply for a dependent visa. You can register him as British as soon as you are granted ILR on the basis of entitlement under section 1(3) of the nationality act. He does not require ILR or a valid visa for this route.

You can apply for him now on form MN1, there is no need to wait until you apply.

Dear CR001;

According to the guidelines in below, is that both Parents has to settle in the UK before apply British citizen to my son? Because, it is not saying "A child born in the UK to parents one or both of whom are..."

My wife (Son’s Mother) remains as “Spouse/ Partner Leave to Remain for 2.5 Years”.

“Entitlement to registration as a British citizen
Children born in the UK – Section 1 (3) and 1 (3A) application
Section 1 (3) A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in the UK or become British citizens. “

Please help me to make clear that guidance.

Many Thanks

[vinny]

One parent's ILR is sufficient for UK-born child's application under Section 1(3).

[Sha123]

One parent's ILR is sufficient for UK-born child's application under Section 1(3).

Many Thanks Vinny