MN1 registration of child living in India

[sachhod]

Hi,

I want to know if my son is eligible to be registered though MN1, given the following facts:
1. My son was born in UK in 2010. (I was on HSMP at this time)
2. We (I, my wife & son) got ILR in 2012.
3. I became a British citizen though naturalisation in 2013. But wife and son didn't apply for naturalisation.
4. We (I, my wife & son) returned to India in 2013 and have been living in India since.

In this case, is my son eligible for registration as British citizen through MN1 (on the basis that he was born in UK and I became a British citizen later) given that we live in India now?

Since my son has not been living in India since 2013, does the residence requirement in "Section2 - Residence Requirements" would be a problem? Will the registration as UK citizen be denied since he has not been in UK for last 5 years?

Many Thanks!
Sachin

[CR001]

The advice has not changed since you asked the question in 2017. UK born children have an entitlement to register as British.

british-citizenship/registering-under-m ... l#p1545873

[sachhod]

Hi CR001,

Thanks. But I think the rules have changed in April 2019 form? I am looking for an answer specifically to following question:

"Since my son has not been living in UK since 2013, does the residence requirement in "Section2 - Residence Requirements" would be a problem? Will the registration as UK citizen be denied since he has not been in UK for last 5 years?"

Will it be at discretion of Home office in this case? What are the chances of successful registration provided all the required documents are in place?

Thanks,
Sachin

[CR001]

What rules have changed in April 2019?? There have been no changes to the nationality law.

UK born children do not required a period of residence to qualify. They are entitled to register as British once either parent is granted ilr, regardless of if they left the UK or not.

[sachhod]

Thanks a lot, CR001. That gives me good confidence in application.

Regards, Sachin