British passport for a child born outside UK

Hi

I am back to board for seeking help as it was a tremendous support during my ILR time. Good news is that i now have a british passport .

I have 2 children both were born in India and both have an ILR. Was thinking on starting the British passport process for them but stuck with couple of queries for which i wasnt able to locate an answer through the previous post so if some one is able to help me please.

First child is 5 year old
Born in India
Currently on ILR
Outside of India for more than 200 days over last 3 years ( as he was with him mom when the second one was born)
Indian passport expiring end of FEB 2014
My queries
1.Which section of British nationality act can i apply for citizenship for him please. which is the first question on MN1 application
2. Will his absence make any difference to the application if i apply now?

Second child is 10 months old
Born in India
Currently on ILR
In UK since Aug 2013 when he came along his mother and brother from India

My queries
1.Which section of British nationality act can i apply for citizenship for him please. which is the first question on MN1 application


Many Many thanks in advance for your help

Satish Pai

both children will be under section 3(1)

dont think the absence will be an issue but maybe a moderator can confirm

Have you checked the FAQ before posting? The first two answers under the children section deal with those issues.

Hi Gurus

Thanks you very much for the advise. I have gone through FAQ and that has answered my queries. Great. Thanks

Just have about 1 additional query on the Indian passport expiry for my elder son. His expiry is on 24/02/14. Does it really need to be renewed at any point in time or can i just go ahead and apply for his BC registration and then surrender the expired passport to Indian HC please?

Regards
Satish

There is no need to renew the passport for the Registration application. Expired passport is fine.

No idea about surrendering an Indian passport but I would not imagine it needs to be valid when surrendering it.

Thanks Jambo. Much appriciated. Just to summarise my understanding on the 3 queries i had, after going through the FAQ and your advise, i have jotted down below for a quick read. Please give me a reply if anything is incorrectly understood.

1. Section to be used for my situation for both the kids is Section 3(1)
2. Absence of days more than the limit( that is there for adults) doesnt apply to my elder son as he is less than 13 years of age.
3. Indian passport expiring next month wouldnt make a difference for registration process . Not sure on surrendering the passport but that i will need to seperately discuss with HCI

Thanks once again for the wonderful work you guys are doing . ever so grateful

Cheers
Satish