Son born in India needs to be naturalized

[matimm]

Hi,

My son was born in India in 2012. During that time we (spouse and I) had Tire 1 visa. We applied for my sons visa in 2012 and got it. We also extended all our Tire1 visas in 2014 and it expires in Mar 2017.

Meanwhile, my spouse and I took permanent citizenship and British passport. We did not take Permanent citizenship of my son.

Now, his visa is going to expire and I would like to apply for British passport for my son. Can he directly apply for British passport as both parents are British ? OR does he have to take permanent citizenship and then take British passport?

Regards
Matt

[CR001]

Children born abroad are expected to hold ILR (free from immigration time restrictions) to qualify for BC. There have been many refusals due to parents trying to avoid the ILR fee for born abroad children.

[noajthan]

ILR.
Register as citizen (at discretion).
Then apply for passport once British.

[matimm]

That is right. One of the main reasons for not taking a PR for my son was to dodge the fees.

At this stage, he is still holds his Tire 1 dependent visa until Mar 2017. Is there a rule that a child should hold a PR before being naturalised ?

[CR001]

Children born abroad are expected to hold ILR (free from immigration time restrictions) to qualify for BC. There have been many refusals due to parents trying to avoid the ILR fee for born abroad children.

Children are registered not naturalised and it is at discretion to register a child born abroad.

[noajthan]

That is right. One of the main reasons for not taking a PR for my son was to dodge the fees.

At this stage, he is still holds his Tire 1 dependent visa until Mar 2017. Is there a rule that a child should hold a PR before being naturalised ?

Yes, it is expected.
HO is not interested in helping applicants dodge fees.

Example case:
http://www.immigrationboards.com/britis ... 10165.html

[matimm]

Thank you for your reply. I am looking at section 3(5)

https://www.gov.uk/government/uploads/s ... y_2017.pdf

What is your opinion on this one?

Section 3(5)
To qualify under this section the child and their mother and father should have lived in
the UK (or British overseas territory if born after 21 May 2002) for a 3 year period
ending with the date the application is received. And the child and their parents should
be physically present in the UK or a British overseas territory at the start of that
period.
The child and their parents must not have been absent from the UK (or the British
overseas territories if appropriate) for more than 270 days during the 3 year
residential period. There is no discretion to disregard absences greater than 270
days.
If the parents’ marriage or civil partnership has ended or they are legally separated
then only the child and one parent has to satisfy the residence requirement.
Both parents must consent to the child being registered as a British citizen. If one of
the parents has died then only the consent of the surviving parent is required.
A child registered under this section will be a British citizen otherwise than by
descent.

[CR001]

Section 3(5) and 3(2) are NOT relevant to you as you were not born British by descent.

Your son can only register under section 3(1) which is at discretion and he will require ILR.