Child registration as a British citizen

[Ixeon659]

My son was born abroad in 2021, he got his settled status right after he got his first passport, then he arrived in the UK in 2022 and lives here most of the time. I am a dual EU/UK citizen, my wife (non-EEA) holds settled status. Is my son eligible for registration as a British citizen (MN1?)

[contorted_svy]

I think your child needs to live in the UK for 5 years before becoming eligible for registration.

Children with settlement and residence
We recognise that some parents may be settled and established in the UK but choose not to become British citizens for valid reasons, such as their own country’s attitude to dual nationality, or to avoid losing rights in their own country. We recognise that their child living in the UK may have nevertheless built up their own connections and still feel a sense of belonging and strong connection with the UK. We therefore do not think it will always be appropriate to expect such a child to have to wait until the age of 18 to apply to naturalise, if the child is an older minor and established in the UK.

You must normally register where:

the child has completed a period of lawful residence in the UK of more than 5 years
the child has been granted settled status in the UK, and held that status for at least 12 months (if an earlier application is made you must consider whether there are compelling grounds to overlook this expectation, taking into account the reasons for exercising discretion over time spent in the UK when subject to immigration time restrictions in the naturalisation guidance)
the child’s parents have completed a period of 5 years’ residence and are settled in the UK
the child is of good character
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds
If a child does not meet all of the above criteria, you must consider whether the child meets any of the other scenarios where we would normally register. If not, you must consider in line with the guidance registering exceptionally below.

[Ixeon659]

I think your child needs to live in the UK for 5 years before becoming eligible for registration.

I see very very controversial information on different sources, i.e MN1 guide says something about 3 years of continuous residence for parents and child born abroad. Not sure where the truth is

[contorted_svy]

What sources are you talking about? I quoted the case that applies to your child, who has settlement and residence.

[Ixeon659]

MN1 Guidance on gov.uk, probably it is Section 3(5):

Code: Select all

To qualify under this section the child and their mother and father should have lived in
the UK (or qualifying British Overseas Territory if born after 21 May 2002) for a 3-year
period ending with the date the application is received. And the child and their parents
should be physically present in the UK or the qualifying British Overseas Territory at
the start of that period.
The child and their parents must not have been absent from the UK (or the British
Overseas Territories if appropriate) for more than 270 days during the
3-year residential period. There is no discretion to disregard absences greater than
270 days.

[CR001]

MN1 Guidance on gov.uk, probably it is Section 3(5):

Code: Select all

To qualify under this section the child and their mother and father should have lived in
the UK (or qualifying British Overseas Territory if born after 21 May 2002) for a 3-year
period ending with the date the application is received. And the child and their parents
should be physically present in the UK or the qualifying British Overseas Territory at
the start of that period.
The child and their parents must not have been absent from the UK (or the British
Overseas Territories if appropriate) for more than 270 days during the
3-year residential period. There is no discretion to disregard absences greater than
270 days.

Section 3(5) does NOT apply to you as you are a nautrualised British citizen and NOT a British citizen by descent.

Children born abroad in your case is Secrion 3(1).

[Ixeon659]

Does this 3(1) category apply to us too?

Children applying in line with parents
Children will come within this category if:
• one parent is a British citizen or about to become one through registration or
naturalisation
• the other parent (if involved in the child’s life) is a British citizen or settled in the UK
(“settled” usually means that the parent has indefinite leave to remain in the UK)
• the child has been resident in the UK for the last 2 years - (if the child is under the
age of 2 we can accept a shorter residence period, taking into account the age of
the child)
• the child is settled in the UK
• both parents give their consent to registration (unless good reasons are
provided)
• there is no reason to refuse on character grounds

[contorted_svy]

3(1) is discretionary, there are many cases that fall under it. From what you stated in your first post, the case that closely matched was the one I quoted. Are you intending to apply for citizenship at the same time as your child's registration?

[CR001]

3(1) is discretionary, there are many cases that fall under it. From what you stated in your first post, the case that closely matched was the one I quoted. Are you intending to apply for citizenship at the same time as your child's registration?

The OP stated in their first post they are a dual EU/ British citizen and spouse has settled status!!