Naturalisation / registration of a child born outside of the UK to settled parents

[aadubaal]

Naturalisation / registration of a child born outside of the UK to settled parents
I think I know the answer, but still want to confirm.

Our child (aged less than 16) was born outside of the UK. We, the parents of the child, hold British citizenship (via naturalisation) and ILR respectively. The child holds ILR as well.

If I am reading Form MN1 guidance (https://www.gov.uk/government/publicati ... le-version) correctly, this is a Section 3(5) situation. Quoting from the guidance:
To qualify under this section the child and their mother and father should have lived in the UK […] for a 3-year period ending with the date the application is received.

We satisfy other conditions (physically present in the UK at the start of that period, absence for less than 270 days during 3-year period, etc.)

The following “discretion category", as far as I can tell, should be applicable:
Children applying in line with parents
Children will come within this category if:
• one parent is a British citizen or about to become one through registration or naturalisation
• the other parent (if involved in the child’s life) is a British citizen or settled in the UK (“settled” usually means that the parent has indefinite leave to remain in the UK)
• the child has been resident in the UK for the last 2 years - (if the child is under the age of 2 we can accept a shorter residence period, taking into account the age of the child)
• the child is settled in the UK
• both parents give their consent to registration (unless good reasons are provided)
• there is no reason to refuse on character grounds.

My questions:
(a) Am I right in thinking that the child has an entitlement to registration as a British citizen under Section 3(5) of the British Nationality Act 1981?
(b) We should be applying in Form MN1.
(c) The child and one of the parents have obtained an ILR fairly recently (within the last 30 days). Does this fact matter when applying for registration under Section 3(5)?
(d) Given the child has provided biometrics in fairly recently, do they need to do it again for registration/MN1?

[CR001]

a) No, they don't have an entitlement. Section 3(5) registration doesn't apply to your child or your circumstances at all. Your child applies under section 3(1), the option in the list would be "Other, at discretion".

b) Yes, MN1.

c) Section 3(5) does NOT apply to you. A child born abroad can apply if they hold ILR and at least one parent is already British or applying at the same time and the other parent also holds ILR.

d) They need to do biometrics again.

[aadubaal]

Thank you CR001, much appreciated.

Section 3(5) does NOT apply to you. A child born abroad can apply if they hold ILR and at least one parent is already British or applying at the same time and the other parent also holds ILR.

(1) I was just trying to get the legal basis under which the Home Secretary should exercise their discretion. If not Section 3(5), which section would that be? (Appreciate that it does not matter in the grand scheme of things, but I like to go to the root statute, if possible. Please ignore me if the answer is too tedious.)

(2) Hopefully I am parsing your sentence correctly:
A child born abroad can apply if:
(i) they (the child) hold ILR; and
(ii) at least one parent is already British (or applying at the same time) and the other parent also holds ILR.

In our case, the child holds ILR, one parent is British, and the other holds ILR; therefore we can apply via MN1.

[secret.simon]

I was just trying to get the legal basis under which the Home Secretary should exercise their discretion.

Section 3(1) is the basis of registration for a child in your circumstance.

(1)If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

Sections 3(2) and 3(5) apply to children born abroad to a British citizen by descent parent who can't automatically pass on their British citizenship to their children. It does not apply to children of parents who got their British citizenship by naturalisation.