Child Registration under section 3(1)

[amahmed81]

Hi Everyone

I am British Citizen and my wife recently got her settlement(ILR). I have a son who is 8 year old born outside uk and is on Tier 1 visa currently. His visa will expire in March 2020. I got British citizenship after he was born.

I found on immigration forum that I can register my child as British citizen under home secretary discretion section MN3(1) along with my wife citizen application. Can someone confirm if this correct or someone with similar situation been successful.

Thanks,

[CR001]

He needs ILR first. Why was he not included with your wife's ilr application?

[amahmed81]

As per MN3(1) Which is below states that he can be registered. Does not say about ILR so I thought i will apply for his registration directly

Registration at the Home Secretary’s discretion – Section
3(1) application
Children born abroad to parents who are applying for British
citizenship
Where one or both parents are applying for British citizenship they may apply for
one or more children who are not automatically British at birth (see “Automatic
acquisition of British citizenship” above) to be registered as British citizens as part of
a “family application”. Children in this category will be considered at the Home
Secretary’s discretion and will usually be registered only if both the parents are
granted or already hold British citizenship, or if one parent holds British citizenship
Page 14 of 25
and the other is settled in the UK.

[CR001]

It is a risk you take and it can be refused and many have been refused, losing their fee and potentially the child's visa expires too during the process.

Children born abroad are expected to be free from immigration time restrictions, ie hold ilr, especially older children.

[amahmed81]

Hi CR001,

So you are saying it is not worth a risk?. Now if I decide to apply ILR what documentation do I need for Son who is 8 year old. Also once he get ILR does he need waiot for 12 month before Registering as british citizen
Thanks

[CR001]

So you are saying it is not worth a risk?.

Only you can decide if you want to take the risk and lose over £1000.

Now if I decide to apply ILR what documentation do I need for Son who is 8 year old.

Form Set(O), minimal documents.

Also once he get ILR does he need waiot for 12 month before Registering as british citizen

No.

[amahmed81]

Thank you