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Registration for child born in India

Posted: Tue Sep 17, 2013 10:42 pm
by bqjt
My son was born in India and came with us to UK. He was granted ILR along with us in July 2013. He is 10 years old now.

I want to know when I can apply for his Registration as BC?

I have searched in the FAQs and other threads but did not find any specific answer related to this topic.

Appreciate your answers.

Thanks
BQ

Re: Registration for child born in India

Posted: Tue Sep 17, 2013 10:58 pm
by Jambo
bqjt wrote:I have searched in the FAQs
Read again Q1 in Citizenship FAQs - Common Questions - Read before posting - children. The relevant part is under the born abroad heading.

Posted: Tue Sep 17, 2013 11:06 pm
by bqjt
Jambo, thanks for pointing it out. I'm confused, can you please tell what is meant by application by discretion ? Would my son not become eligible to apply for BC registration after one year of ILR ?

Posted: Tue Sep 17, 2013 11:27 pm
by Jambo
For children, there are two types of applications:

* Application by entitlement - no discretion by the HO. If an application is made and the statutory requirements are met, the application must be granted.
* Application at discretion - in other cases.

Entitlement is only relevant if born in the UK or born to UK citizens. In all other cases, this is at discretion i.e. not 100% guaranteed.

Adult applications are also at discretion i.e. you might get refused. It's not 100% guaranteed.

In practice, if the child applies together with parents, the child will be granted BC if the parents are granted BC. The child can't apply without a parent applying.