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My son was born in the UK in 2002. At the time I was not a British citizen.
He left the country in 2004 for 2.5 years, but returned in 2006, and has been here ever since.

I naturalised in 2005, and applied for a UK passport for him in 2012 which was denied, as I was not a British National at the time of his birth, as apparently the law changed in 2001 or something.

I obviously lost the passport fee, and have left it since then, but really want to get this sorted now.
Cannot recall what they suggested I do at the time to progress this.
Can/Should I apply to register him as a British Citizen via form MN1, as my understanding is that he should qualify under section 3(1)

"Children born in the UK – Section 1 (3) and 1 (3A) application
Section 1 (3) - A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in the UK or become British citizens."

I am very loathe to go down this route for nothing as it is a lot more pricey (especially as fees went up in March by 25%)

Many thanks, any advice would be very much appreciated.

nevr32 wrote:I naturalised in 2005, and applied for a UK passport for him in 2012 which was denied, as I was not a British National at the time of his birth, as apparently the law changed in 2001 or something.

The law changed in 1983. Prior to 1983, any child born in the UK got British citizenship. After that, a child only acquired British citizenship by birth in the UK if either one parent was settled in the UK (had ILR or PR or Irish citizenship) or was a British citizen.

As your child is not a British citizen by birth, he can not apply for a British passport. He will require registration before he turns 18.

Your child is entitled to registration (i.e. can not be refused) as a British citizen under Section 1(3) of the British Nationality Act 1981 at any time before he turns 18.

secret.simon wrote:Your child is entitled to registration (i.e. can not be refused) as a British citizen under Section 1(3) of the British Nationality Act 1981 at any time before he turns 18.

Provided he is of good character (BNA 1981 Section 41A(1) )

secret.simon wrote:

nevr32 wrote:I naturalised in 2005, and applied for a UK passport for him in 2012 which was denied, as I was not a British National at the time of his birth, as apparently the law changed in 2001 or something.

The law changed in 1983. Prior to 1983, any child born in the UK got British citizenship. After that, a child only acquired British citizenship by birth in the UK if either one parent was settled in the UK (had ILR or PR or Irish citizenship) or was a British citizen.

As your child is not a British citizen by birth, he can not apply for a British passport. He will require registration before he turns 18.

Your child is entitled to registration (i.e. can not be refused) as a British citizen under Section 1(3) of the British Nationality Act 1981 at any time before he turns 18.

Thank you very much for your reply, I have subsequently applied using form MN1 under section 1(3). Now the wait begins....

Richard W wrote:

secret.simon wrote:Your child is entitled to registration (i.e. can not be refused) as a British citizen under Section 1(3) of the British Nationality Act 1981 at any time before he turns 18.

Provided he is of good character (BNA 1981 Section 41A(1) )

As a 14 year old, be has remained on the straight and narrow...for now