Child born here from South African and Italian parents

[southafricahere]

Hello, my first child was born in UK after 4 years and 11 months my husband (Italian) had worked in the country. Our second child was born in UK after 5 years since the first one and we obtained the British passport.

For the first child we didn't apply for British passport in the first place, because we didn't think she could get it. If I apply now, is there any way Home Office will accept 4 years and 11 months instead of 5 years?

Is there any other way to apply for it?

Thanks

[CR001]

No, child is not british. Only if born after your spouse has attained PR after 5 years qualifying period exercising treaty rights would the child be british automatically.

You can however register the child as British on form MN1, costs £1023. Passport is a separate process once approval and registration certificate is received after the mn1 form process

[southafricahere]

Thanks.

Is there any other way for her to apply when she grows up? We don't have any reason to pursue the British citizenship just yet if she will have other windows later on in her life..

[CR001]

She has an entitlement to register as British under section 1(3) of the nationality act any time before she turns 18.

If she has lived here for 10 years and meets the requirements, she can also apply on form T.

Once she is 18 and has PR, she can Lao apply to naturalised on form AN meeting the English and liuk and absence limit requirements.