Immigrationboards.com

contorted_svy wrote: ↑

Mon Aug 22, 2022 3:56 pm

When was your child born? Before or after you received British citizenship?

There are different rules based on when your child was born (before or after 2006). This guidance might have the answer to your question https://www.gov.uk/apply-citizenship-british-parent

Children who have lived in the UK for more than 10 years
If a child has lived in the UK for more than 10 years you must normally register the
child if the expectations below about lawful residence and parents’ status are met, in
addition to the good character requirement. 10 years is the length of time required for
a child born here to have lived in the UK to have an entitlement to register under
section 1(4) of the British Nationality Act 1981. As such, 10 years constitutes a
significant period of residence for a child to demonstrate a strong connection with the
UK. If a child has less than 10 years residence in the UK, you must consider them
against the criteria for all other minors below.
You must normally register if a child has lived in the UK for more than 10 years and:
• the child is in the UK lawfully
• the parents have regularised their own status
• where necessary both parents consent to the registration or any objections by
the non-applying parent are ill founded
• there is no reason to refuse on character grounds
However, each case must be considered on its own merits, weighing up arguments
made about the individual child’s best interests, and taking into account the normal
expectations below.
Page 30 of 45 Published for Home Office staff on 18 July 2022
Where a child has been in the UK less than 10 years, it may nevertheless still be
appropriate to register – see the section on criteria for all other minors.

Discretionary applications under section 3(1)
This section explains the circumstances in which it will normally be appropriate to
exercise discretion. There are certain scenarios where you would normally be
expected to register a child as a British citizen. In all other cases you must apply the
criteria for all other children.
The law in relation to section 3(1)
This is a discretionary provision for the registration of a child. The Home Secretary
may exercise their discretion to register people as British citizens under section 3(1)
of the British Nationality Act 1981 if:
• the applicant is under 18 at the date of the application
• if aged 10 years or over on the date of application the applicant is of good
character see good character requirements
• they think fit to register them
These are the only statutory requirements. This guidance sets out how you must
normally use discretion.
It is important to remember that this guidance does not amount to definitive rules. It
will enable you to consider the majority of cases, but because the law gives complete
discretion, you must consider each case on its merits. All the relevant factors must
be taken into account, together with any representations made to us.
It is possible to register a child under circumstances that would normally lead to the
refusal of an application if this is justified in the particular circumstances of any case.
Equally, if there is good reason to do so, it is possible to refuse to register a child
under circumstances that would usually lead to the grant of an application. In
particular, the Home Secretary may refuse to grant a certificate where it would not be
in the public interest to grant citizenship. This could be for reasons relating to their
actions, behaviour, personal circumstances, or associations such as family
relationships.
For example, citizenship may be refused where:
• granting the application could have an adverse impact on international relations
• a decision to grant would be so perverse as to undermine confidence in the
immigration and nationality system
In particular, the applicant’s associations, including family relationships, with those
who have been or who are engaged in terrorism, or extremist behaviour or who have
raised security concerns, will normally warrant a refusal of citizenship. You must give
Page 18 of 45 Published for Home Office staff on 18 July 2022
due regard to whether an association is current or whether family ties have been
severed.
Registration under section 3(1) will give British citizenship by descent if the father or
the mother was a British citizen at the time of the child’s birth.
In all other cases registration gives British citizenship otherwise than by descent.
For the purpose of whether the child is a British citizen by descent:
• the father or mother does not include an adoptive father or mother
• father includes the father of a child whose parents were not married if:
o the child was born on or after 1 July 2006
o the mother was not married to another man at the time of the birth
o the natural father satisfies the prescribed requirements as to proof of paternity
Children registered under section 3(1) will therefore be British citizens otherwise than
by descent if they were adopted by British citizens.

contorted_svy wrote: ↑

Tue Aug 23, 2022 12:06 pm

You can apply for registration (form MN1), but it will be up to the Home Secretary to give your child citizenship. Or, go down the ILR route and your son can apply for citizenship when he turns 18.