Registration for a child of divorced parents

[Laplap20]

I came to the UK with my then wife and child 10 years ago. Child was 1 year old at that time. We subsequently divorced and I (father) have a resident order in my favour and the mother has regular contact with the child. My Child and I have subsequently granted indefinite leave to remain 4 years ago whilst his mother live in the UK with (limited) leave to remain.

I am now planning to apply to naturalise as a British citizen and wishes to register my child as a British citizen as well at the same time. Child's mother consent for the child's registration as a British citizen.

Is it possible to register my child as a British citizen whlist his mother doesn't have indefinite leave to remain? What are my options?

Thanks for your response.

[Amber]

Children are registered rather than naturalised, in your child’s case, under section 3(1) BNA 1981. If there are compelling reasons why the other parent is not settled or that expectation should be waived, the registration could be successful.

The Home Office is also duty bound to consider section 55 C&BA - Welfare of Children.

It would depend on the circumstances, why you have a Child Arrangements’ Order in your favour, the degree of relationship with the other parent, why or if the registration would offer some stability. The degree of the child’s integration and intention to remain in the UK.....

See the guidance (click).