Section 3(1)-children born in the UK, parents dont have ILR

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.

Has anybody made an application under this section where the parents are NOT settled in the UK ???

Any Success??

Regards
AntCoe

I dont think that you can apply for naturalization of your children if they are born here and one of their parents are not settled.

AntCoe wrote:http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

Registration in this category will be at our discretion, if we believe it is reasonable under the circumstances and will be under section 3(1) of the British Nationality Act 1981. There are no formal requirements the child needs to meet providing they are under 18 at the time of application and are of good character if they are over 10 years of age. The application should be accompanied by as much evidence as possible to show us why the child should be registered as a British citizen.

Has anybody made an application under this section where the parents are NOT settled in the UK ???

Any Success??

Regards
AntCoe

Probably difficult.

you can register the child as British if the child is born here and over 5 years old and the child is STATELESS

ANY ONE OF THE parents have to be settled status for bc
refer below chapter 8

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PART I: BRITISH CITIZENSHIP
CHAPTER 8: REGISTRATION BY ENTITLEMENT OF PERSONS BORN IN THE UNITED KINGDOM ON OR AFTER 1 JANUARY 1983:
(A) ON GROUNDS OF A PARENT'S STATUS SECTION 1(3)
(B) ON GROUNDS OF RESIDENCE SECTION 1(4)
8.1 The Law
8.1.1 Section 1(3)
8.1.1.1 Minors are entitled to registration under s.1(3) of the British Nationality Act 1981 if:
• they were born in the United Kingdom on or after 1 January 1983; and
• they were not British citizens at birth because at the time neither parent was a British citizen or settled here; and
• while they are minors, either parent becomes a British citizen or becomes settled in the United Kingdom; and
• they are minors on the date of application; and
• (in the case of a person aged 10 or over on the date of application, this being a date on or after 4 December 2006) the Secretary of State is satisfied that they are of good character (see Chapter 9, Annex B)
8.1.2 Section 1(4)
8.1.2.1 Adults or minors are entitled to registration under s.1(4) of the BNA 1981 if they:
• were born in the United Kingdom on or after 1 January 1983; and
• were not a British citizen at birth because at the time neither parent was a British citizen or
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settled here; and
• were aged 10 years or more on the date of application; and
• have lived in the United Kingdom for the first 10 years of their life; and
• during that 10 years have not been out of the United Kingdom for more than 90 days in any one of those years; and
• (in the case of an application made on or after 4 December 2006) the Secretary of State is satisfied that they are of good character (see Chapter 18, Annexes D and H and, in relation to applicants who are still minors, Chapter 9, Annex B)
8.1.2.2 There is discretion under s.1(7) to allow absences from the United Kingdom amounting to more than 90 days in any one or more of the first 10 years of the person's life. (See paragraph 8.5 below)
8.1.3 Registration under s.1(3) and s.1(4) give British citizenship otherwise than by descent. (See Chapter 20)
8.1.4 An explanation of the terms "United Kingdom", "parent" and "settled" are in Annex F to Chapter 6.
8.2 Application forms
8.2.1 An application should normally be made:
• on Form MN1 (if made under s.1(3)); or
• on Form T (if made under s.1(4)); or
• by being included in a parent's application for citizenship (if the person is a minor)
8.3 Evidence to be supplied
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8.3.1 Applications should be supported by evidence of:
i. birth in the United Kingdom on or after 1 January 1983:
• the minor's United Kingdom birth certificate showing parents’ details
and either:
ii. a parent’s citizenship or settled status (see 8.3.2 - 8.3.3 below)
or:
iii. or the applicant’s residence in the UK (see 8.3.4 - 8.3.5 below)
8.3.2 Applications under s.1(3) should, in addition, be supported by evidence of:
i. a parent's British citizenship:
• a passport describing the holder as a British citizen; or
• a certificate of registration or naturalisation describing the holder as a British citizen,
OR
ii. a parent's settled status:
• an immigration officer's stamp in a passport showing the holder has been given leave to enter the United Kingdom for an indefinite period or without any restriction on the period of stay here; or
• a Home Office stamp in a passport or Police Registration Certificate showing the holder has indefinite leave to remain in the United Kingdom or that there is no limit on his/her stay here; or
• a Home Office letter to the effect that the addressee
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has been granted indefinite leave to remain in the United Kingdom
NB. A certificate of entitlement or patriality in a passport showing the holder has the right of abode in the United Kingdom or a stamp in a passport showing the holder is exempt from immigration control is not evidence that he or she is settled in the United Kingdom. But some persons who have certificates of entitlement or patriality or who are exempt from immigration control can nevertheless be regarded as settled here.
AND
iii. if the child is born before 1 July 2006 and the application is based on the father having become a British citizen or settled in the United Kingdom, evidence that either:
a. the parents were married at the time of the child’s birth, or
b. if the parents married after the child’s birth, the marriage served to legitimate the birth (see Volume 2 – “LEGITIMACYâ€