MN1 new (Dec-2015) rules - clarification- child born abroad

[abmnerang]

Hi,

Could you please advise about the below scenario:

My current immigration status - British Citizen (received on 3rd Nov 2015).
My wife's immigration status - ILR. (received on 1st Aug 2014).
My daughter (3 years old) immigration status - ILE (Indefinite Leave to Enter, received on Oct 2014).

I have started filling MN1 form for my daughter and noticed a rule on guide, Dec-2015.

In guide:

(https://www.gov.uk/government/uploads/s ... r_2015.pdf)

as per Section 3 (5) (page 9/34), our daughter should be physically present in the UK at the start of the 3 year period and child should not have been absent from the UK for more than 270 days during the 3 year residential period.

my child does not meet the above criteria.

Another rule 3(1) in the same guide (Page 12/34) , advises that child born abroad can be included in a family application and will be considered at the Home Secretary's discretion.

QUESTION - Is it okay to apply for child's registration (naturalisation) not as a part of family application? Have anybody applied for their children not as a part of family application and got child registered successfully in the same circumstances (father - British citizen, mother - ILR, child - ILE).

Please advise, many thanks.

[geriatrix]

1. Your child qualifies under 3(1).
2. "can be" doesn't mean "must / should be"!!