Child Born Before ILR - can apply British citizenship if Father got British passport Now

[Muzamil00]

Dear Board Members
My cousin born in India gained British citizenship on 2019 on the basis of her father,as he was BC before her birth.Currently she is working in UK for 1.5 years.
She has a child 13 years staying in India. Can she register her child in India or is he eligible for british citizenship in anyway.

[secret.simon]

Which year was she (the mother) born? Were her mother and father married at the time of her birth? How did her father become a British citizen and in which year? Does she have a certificate of registration as a British citizen? Has the mother lived in the UK at any point in time for three continuous years before the birth of the child? Where do the child and the other parent live(in the UK or abroad)?

[Muzamil00]

@secret simon
Thank you for your reply
She was born in India on 1977.Her father who born in India on 1922 worked in UK for continous 5 years and registered as BC on 1966 so she is BC by descent by birth and currently holds British passport
She doesnt have a registration certificate
She was married in India on 1998.

[Muzamil00]

@secret simon
She hasnt travelled to UK before the childs birth.
Her parents were married before her birth.

[secret.simon]

As she is a British citizen by descent herself, she can't pass British citizenship to her children automatically.

If the child moves to the UK and lives in the UK for three continuous years with both parents before the age of 18, the child is entitled to registration as a British citizen under Section 3(5) before their 18th birthday.

Can she register her child in India

No. The child and both parents needs to have lived together in the UK for three continuous years, before the child's 18th birthday (i.e. while the child is still a minor).

[Muzamil00]

Is there any other visa applicable(other than visit visa) for the child to be with mother.

[secret.simon]

Is there any other visa applicable(other than visit visa) for the child to be with mother.

The child and other parent (if not divorced) will have to apply for the "family of a settled person" visa for 2.5 years, followed by another renewal at that time.

The child will in any case only be able to register after three years residence in the UK, which they can't do on a visit visa.

[Muzamil00]

Is including the other parent (husband) Necessary.

[secret.simon]

Not necessary if the other parent is divorced, legally separated or deceased. But it is necessary otherwise. Did you not see the wording of the law linked to above?

If the child moves to the UK and lives in the UK for three continuous years with both parents before the age of 18, the child is entitled to registration as a British citizen under Section 3(5) before their 18th birthday.

(5) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—

(a)that at the time of that person’s birth his father or mother was a British citizen by descent; and

(b)subject to subsection (6), that that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and

(c)subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

[CR001]

Is including the other parent (husband) Necessary.

To get a visa for the child yes, unless you can prove sole responsibility.

immigration-for-family-members/sole-res ... 13087.html

Is there an issue regarding the other parent?