Immigrationboards.com

Hi All,

We recently had our first child born in UK. Birth registration of the child is due on 10th July 2012. I am of Indian origin with Tier 1 visa in UK, due for ILR in July 2013.

I am aware of the rules for british citizenship of my child under section 1(3) once I or my Mrs have accquired ILR. What I wish to know is that, is there anyway I can apply for British Citizeship for my child right away under section 3(1), where Home office would have discretionary powers to grant the citizenship. Grounds for my application would be

1. Parents on Tier 1 since 4 years and due for ILR in July 2013
2. Parents have a residential property purchased in UK, thus proving intention of settling down in UK permanently.
3. Both Parents have a full time job and a decent saving in bank account to support themselves and the child without being dependant on state funds.

Could you please help, of this move is worth taking and also can I have better chance if the application is made through a solicitor.

Kind regards

You can clearly apply. Whether it will be granted is another story. I doubt the HO will apply discretion in your case. How could you argue the child best interest is to become British when he is just a few weeks old? Why does he need a British citizenship and can't just have the same immigration status of his parents?

Also what's the rush to do it now? If you are so certain you will be in the UK in a year time for ILR, apply then for his registration. The application would be entitlement for BC without HO discretion.