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Hi,

I'm applying for my son under section 1(3). I have now settled in UK (I'm from EU, lived in Uk more than 6 years), he was born in UK and he's now 2 and a half years old.
Reading the forum, I understand that there are no residential requirements (?) but I want to understand whether I should still fill Section 2 of the form or leave it completely untouched.
If yes, I guess only 2.1, 2.2 and 2.4 are meaningful. In this case, what should I fill in 2.1 with? (my son has lived in Uk since birth).

Just to be safe, I'm skipping Section 3 because not required under 1(3) applications. Is it right?

Finally a clarification on the referees. A friend of mine is Lecturer at a UK university. He has been spending a lot a time with us since my son was born, but I'm not sure whether he "has engaged with the child in a
professional capacity". In a way, he is helping my son to get exposure to the English language. Would that be a good reason to write in 5.2?

Thanks in advance for your help

legrass wrote:Hi,

I'm applying for my son under section 1(3). I have now settled in UK (I'm from EU, lived in Uk more than 6 years), he was born in UK and he's now 2 and a half years old.
Reading the forum, I understand that there are no residential requirements (?) but I want to understand whether I should still fill Section 2 of the form or leave it completely untouched.
If yes, I guess only 2.1, 2.2 and 2.4 are meaningful. In this case, what should I fill in 2.1 with? (my son has lived in Uk since birth).

Just to be safe, I'm skipping Section 3 because not required under 1(3) applications. Is it right?

Finally a clarification on the referees. A friend of mine is Lecturer at a UK university. He has been spending a lot a time with us since my son was born, but I'm not sure whether he "has engaged with the child in a professional capacity". In a way, he is helping my son to get exposure to the English language. Would that be a good reason to write in 5.2?

Thanks in advance for your help

No formal residential requirements especially for a young minor.

From MN1 guidance, notes 2.1 can be left blank:

Re 2.1
For an application in respect of a child who was born abroad and who is now living in the UK or a British overseas territory, please say when they first arrived

Ref: https://www.gov.uk/government/uploads/s ... ations.pdf

Fill in rest of section 2 as appropriate.

Yes, skip section 3; it's not applicable your case.

For 5.2 Stating something like "Family friend" should explain the relationship adequately.

Thanks for your answer.
If residential status is not required, do I need also to specify 2.3, all the absences? I have travelled a lot (although for few days at a time) and finding back all of them over almost 3 years is going to be tricky..how precise should it be?

legrass wrote:Thanks for your answer.
If residential status is not required, do I need also to specify 2.3, all the absences? I have travelled a lot (although for few days at a time) and finding back all of them over almost 3 years is going to be tricky..how precise should it be?

Q2.3 is about your child's absences.

As the form says:

Failure to complete this will result in delay to the application

Suggest aim to be as accurate as possible. In filling such applications, always aim to give HO as little 'wriggle room' as possible.
(Remember you also have to sign the declaration confirming the quality of information being submitted).

Good luck.

noajthan wrote:

legrass wrote:Thanks for your answer.
If residential status is not required, do I need also to specify 2.3, all the absences? I have travelled a lot (although for few days at a time) and finding back all of them over almost 3 years is going to be tricky..how precise should it be?

Q2.3 is about your child's absences.

As the form says:

Failure to complete this will result in delay to the application

Suggest aim to be as accurate as possible. In filling such applications, always aim to give HO as little 'wriggle room' as possible.
(Remember you also have to sign the declaration confirming the quality of information being submitted).

Good luck.

Thanks again. Last question
what's the purpose of specifying the child's absences if residential status is not a requirement and the HO have no discretion in the decision? Is there a maximum number of absence days? Which is the relative normative?
From the FAQ:

Q1: Can my son apply for naturalisation?
[...]
UK born
In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.
This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. [...]

Q2: My child has been away from the UK. Can he apply for Registration?

There are no residential requirements for application under section 1(3) (child born in the UK before parent was granted ILR/PR).

Thanks again

legrass wrote:Thanks again. Last question
what's the purpose of specifying the child's absences if residential status is not a requirement and the HO have no discretion in the decision? Is there a maximum number of absence days? Which is the relative normative?
statutory requirements are met. [...]

It's a generic form, it applies to many types of applicants under different sections of BNA - you just fill it in as per your (child's) circumstances.

HO caseworker will decide what information they use & what they discount from your answers.
But leaving out information will just delay things unless the guidance specifically indicates you can skip a section or its optional for your case.

Which is the relative normative? - I don't know what you mean

noajthan wrote:

legrass wrote:Thanks again. Last question
what's the purpose of specifying the child's absences if residential status is not a requirement and the HO have no discretion in the decision? Is there a maximum number of absence days? Which is the relative normative?
statutory requirements are met. [...]

It's a generic form, it applies to many types of applicants under different sections of BNA - you just fill it in as per your (child's) circumstances.

HO caseworker will decide what information they use & what they discount from your answers.
But leaving out information will just delay things unless the guidance specifically indicates you can skip a section or its optional for your case.

ok it makes sense then. It is just superfluous but still important to fill to avoid any trouble.

thank you