Immigrationboards.com

Hi.
I am currently on a Spouse visa which was granted in India in Sept 2013. My husband was on an ILR status at that point in time. He now has a British Passport since Oct 2014. My son was born in May 2013 in India and was granted a "Visa to Acc Mother/CYR (Husband's name)" in Sept 2013. Both our visas are valid till June 2016.
Since my husband now has a British passport, can my son now apply for British Citizenship?
Can anyone please help as there is a lot of confusing information posted online and we do not know how to proceed. Quick reponse will be appreciated.

Thanks in advance

Risky.

babitha.srinivas wrote:Hi.
I am currently on a Spouse visa which was granted in India in Sept 2013. My husband was on an ILR status at that point in time. He now has a British Passport since Oct 2014. My son was born in May 2013 in India and was granted a "Visa to Acc Mother/CYR (Husband's name)" in Sept 2013. Both our visas are valid till June 2016.
Since my husband now has a British passport, can my son now apply for British Citizenship?
Can anyone please help as there is a lot of confusing information posted online and we do not know how to proceed. Quick reponse will be appreciated.

Thanks in advance

Go for ILR first.

Can you please let me know why I should go for ILR first?

Hi

No your son cannot apply to become a british citizen as he was not born in the UK whilst one of his parents had ILR. If he was born in the UK and father had ILR at the point of birth he would have been eligible for a british passport. He will have to have to have resided in the UK for 5 years and 1 of those years he has to have been free of immigration control or have ILR before he can apply to naturalise then if granted a British passport.

babitha.srinivas wrote:Can you please let me know why I should go for ILR first?

You have to be free from Immigration restrictions before you could apply for citizenship. Child's father was not British when the child was born abroad. Your child do not have to complete five years though. My wife and then six months old daughter came to UK in 2012 as PBS dependants of myself. When I applied for ILR I applied for my daughter as my dependant as well at the same time, we both got ILR and later citizenship.

Now had father of child been a British Citizen then child would have gotten automatic citizenship regardless of where child was born. This was not the case as you say, second scenario is if father had ILR and child was born in UK, child would have gotten citizenship without the requirement of ILR. But since both are not the case, the child has to be free from immigration restrictions before applying for citizenship, hence the application of ILR. Seniors can tell you better.

Please follow Vinney's post .

the only possibility is to make application under Sec 3(1)

Registration at the Home Secretary’s discretion - Section 3(1) application
Children born abroad to parents who are applying for British citizenship
Where one or both parents are applying for British citizenship(father alrady have in you case) they may apply for one or
more children who are not automatically British at birth (see “Automatic acquisition of British
citizenship” above) to be registered as British citizens as part of a “family application”.
Children in this category will be considered at the Home Secretary’s discretion and will
usually be registered only if both the parents are granted or already hold British citizenship,
or if one parent holds British citizenship and the other is settled in the UK.

Just to clarify: "the other is settled in the UK" in the previous post typically means that the other parent needs to have ILR as well.