MN1- section 1(3) apply for citizenship years later?

Hi all,

Hopefully someone can help me with the following.

Nov 2012: me (Dutch citizen) and my partner got married and I moved from the Netherlands to the UK where my husband, at that point only a South African citizen, had been living and working since 2008. He only had a temporary resident permit at that point.

June 2014: our son was born and received a Dutch and South African passport as couldn't apply for UK nationality

Sep 2014: my husband received his ILR status in the UK

Nov 2015: my husband became a Dutch national based on the fact that we were married for 3 years and living abroad. He therefore didn't apply for UK nationality as he would lose his Dutch nationality and the plan was to move to the Netherlands eventually (and we didn't foresee Brexit).

June 2017: we moved to the Netherlands, all three of us as Dutch citizens and my husband still with his UK ILR

I am aware of the fact that a UK IRL status is only active for 2 years when moving abroad, but he has been back to the UK for work regularly on his IRL and I understand it get's re-actived everytime (so I was told).

I was informed by Home Office that my son cannot apply for UK nationality as my husband received his ILR only after he was born, and I didn't make the 5 years living in the UK as an EU citizen. However, when looking at the citizen application under section 1(3), children who's parent(s) get their UK ILR status after birth can still apply for citizenship. However no one can tell me if I should have done that straight after my husband received his ILR, while still living in the UK, or if I can still do that now- 3 years later. The only thing Home Office tells me to read the guidence booklet (done that- it doesn't say), or hire an adviser (too expensive).

Hopefully someone here can help me further. Many thanks in advance!!

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