MN1 section 3(5) eligibilty for Child born outside UK with Father ILR, now in UK, Father now naturalised

[Radia]

Hi all

My cousin son was born in Afghanistan in 2011,
he came to UK in March 2021,with his mother spouse visa,
The father got the citizenship in October 2021.

Can the now child apply for citizendhsip now based on father citizenship under section 3(5)
https://www.gov.uk/government/publicati ... le-version

regards

[secret.simon]

Section 3(5) specifically applies to children born abroad to a British citizen by descent parent.

If your cousin became a British citizen in October 20921, that means that he naturalised and is therefore a British citizen otherwise than by descent.

Therefore his children can't register under Section 3(5).

As the child was born abroad, they will follow the same immigration pathway as the second/less-privileged parent (in this case, the mother) and will be eligible to register as a British citizen under Section 3(1) when both the child and mother have got ILR.

[Radia]

Thank you for the quick reply,

What about
Discretionary applications under section 3(1) British Nationality Act

Do you think he qualify as he is the only son, He intend to live with his father and he is of good charactor and it is in best of interest of him to get citizenship/.



Regards

[secret.simon]

What about
Discretionary applications under section 3(1) British Nationality Act

These below are the requirements for the discretionary application under Section 3(1).

Discretion means that the Home Office can set the requirements as they see fit and these are the requirements that are set at the moment.

As the child was born abroad, they will follow the same immigration pathway as the second/less-privileged parent (in this case, the mother) and will be eligible to register as a British citizen under Section 3(1) when both the child and mother have got ILR.

[Radia]

thank you very much for the clarification