children born outside UK for parent who later become a Briti

[issam123]

Hi All

I’ve just become a British citizen by naturalization in January 2008 ( I came to live in UK in 1996). My wife has ILR and eligible for naturalization in May 2008.

I am just wondering about my child, am I allowed to register him as a British citizen and how??
Here is some information about him:
My son born in August 1994 out side the UK (13 year old)
Came to UK in March 1997 and has been living since.
Granted ILR in May 2007 (based in long residency).

I tried to do my homework and I find that he is not eligible for naturalization (because you have to be adult).
For children registration I couldn’t find anything for children born outside UK for parent who later become a British by naturalization.
(Everything about children born in or out side UK for British Parent at that time).

The only other thing I found is under the title
(Other cases where it is considered to be in the child's best interests to be granted British citizenship).
Now I have A few questions
Should I apply for the child under that category???
Do both the parents have to be British at the time of the application??
Which application form I should use???
What is his chance??
if the above is not applicable, what should I do????
Thanks
Sam

[JAJ]

As discussed on another forum your child appears to be eligible for registration as a British citizen under section 3(1) of the British Nationality Act 1981.

[jazbaati99]

I was in the same boat. I applied for registration for my child under section 3(1) at the same time when my wife applied for her naturalization. Do keep in mind that a 3(1) application in this case is a discretion and not an entitlement, however as per the guidance notes, discretion would normally be applied when one parent is a British citizen and the other has a permanent residency in UK (ILR) which is applicable in your case. Our application was approved in about three months.

This would be a postal application; you can use NCS only if your wife is applying for naturalization at the same time.

Hope it helps