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Hi experts, I remember a while ago I was advised by your good selves that I could submit a citizenship application for my 2yr old child.

He was born in the UK, myself and my wife were not settled when he was born but I am now a BC. My wife still has a dependent visa. I understood I could apply based on section 1(3).

My question now is that based on the below quote from the MN1 guidance form, does it imply that both myself and my wife must be settled before we meet the 1(3) rule or does myself being a BC automatically satisfy the rule? Also do I have to send in my British passport or can a full photocopy do?

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.

Thank you very much for your response in advance.

Native_Lad wrote:Hi experts, I remember a while ago I was advised by your good selves that I could submit a citizenship application for my 2yr old child.

He was born in the UK, myself and my wife were not settled when he was born but I am now a BC. My wife still has a dependent visa. I understood I could apply based on section 1(3).

My question now is that based on the below quote from the MN1 guidance form, does it imply that both myself and my wife must be settled before we meet the 1(3) rule or does myself being a BC automatically satisfy the rule? Also do I have to send in my British passport or can a full photocopy do?

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.

Thank you very much for your response in advance.

The guidance is not the law and that guidance contains a typo - as you have suspected.

The legislation is clear: one parent - section 1(3) of BNA:
http://www.legislation.gov.uk/ukpga/1981/61

There is mention of sending copy of passport in MN1 guidance; however suggest send original.
Or simply apply via NCS and hold onto all original documents.

Thank you very much noajthan for the response and the link. It is clear enough.

Thanks once again.