Section 3(1) Registration as British citizen: children

[ba31]

Once the parents and child obtain ILR, can the child be registered as a British citizen immediately under Section 3(1) (discretionary registration), or do they need to wait for one year? The child was not born in the UK.

[alterhase58]

There are no waiting periods for children's citizenship registration.
The one year wait is for adult naturalisation, unless they are spouse of a British citizen.

[secret.simon]

Children born abroad can apply immediately after ILR *IF* at least one parent is either already a British citizen or is applying to become a British citizen at the same time.

If neither parents are British citizens, (and both parents and the child are on ILR), then a one year waiting period does apply for children born abroad.

[ba31]

But does it not fall under https://www.legislation.gov.uk/ukpga/1981/61/section/3

(c)that, as regards some period of three years ending with a date not later than the date of the birth—
(i)the parent in question was in the United Kingdom [F3or a qualifying territory] at the beginning of that period; and
(ii)the number of days on which the parent in question was absent from the United Kingdom [F4and the qualifying territories] in that period does not exceed 270.

[CR001]

But does it not fall under https://www.legislation.gov.uk/ukpga/1981/61/section/3

(c)that, as regards some period of three years ending with a date not later than the date of the birth—
(i)the parent in question was in the United Kingdom [F3or a qualifying territory] at the beginning of that period; and
(ii)the number of days on which the parent in question was absent from the United Kingdom [F4and the qualifying territories] in that period does not exceed 270.

The section you are quoting is NOT relevant to Section 3(1) discretionary registration.

What you quote is relevant ONLY to Section 3(2) registration, which does not apply to your child as neither parent is British by descent.

[ba31]

Thank you so I can not register child Section 3(1) discretionary registration before 1 year.

[secret.simon]

Thank you so I can not register child Section 3(1) discretionary registration before 1 year.

Either one year or with first parent, whichever is first.