I (and others) repeat the information from the caseworker guidance on that topic. But we are weary of repeating this advice ad nauseum.
This thread is intended to be a place where members can share their own experience of this particular route (of registering children born abroad as British citizens) and discuss the application.
Note that the purpose of the thread is not to discuss what the rules should be, but what they are, and how they are implemented.
Also, please do not submit information that "A friend told me" or "a work colleague of mine told me", etc, as illustrations. If you have not made the application, you may not know how their applications differ from your own or other members' in details that may be very important to the outcome of the case. If you have made the application, we can request you to clarify details. We can't so request your off-forum friends and work colleagues.
Overview of the requirements
The law leaves the registration of such children to the discreton of the Secretary of State. To ensure consistency, the discretion is exercised as per the guidance issued to the Home Office caseworkers.
However, note that discretion does not mean the absence of rules. It means the rules would be decided by the SSHD/Home Office.
The guidance can be set aside, if "strong compelling compassionate" reasons for doing so are given alongside the application. And saving money (and in effect, depriving the Home Office of funding) by skipping ILR is likely not a good enough reason.
I'll quote from the caseworker guidance linked to above.
(Page 29)Child’s parents’ circumstances
To register a child under this provision you should normally be satisfied that one of the parents is either a British citizen or has applied to be registered or naturalised as a British citizen and the application is going to be granted, and either:
• the other parent is settled in the UK
• the other parent is unlikely in the short or medium term to be returnable to their country of origin and there is no other reason to believe that the child’s future lies outside the UK
(Page 30)Residence in the UK
...
Children aged 13 or over
A child aged 13 or over should normally have completed at least 2 years residence in the UK before being registered.
Where a child was aged 16 or over when they arrived in the UK, you should normally refuse an application to register them as they will have had too short a period to establish personal connections with this country at a time when their future plans are unclear. However, each case must be considered on its individual merits and a child in these circumstances may be registered if there are grounds for doing so.
Also see some instances in this earlier thread and this successful case of applying for registering the child as a British citizen without applying for the child's ILR.(Pages 30-31)Child’s immigration status
As a general principle, the expectation is that there should be a staged approach to permanent residence and citizenship. This means that the child will first achieve one of the following before being considered for British citizenship:
• indefinite leave (IL)
• permanent residence under the European Economic Area (EEA) regulations
Given this you should normally only register a child under section 3(1) who has not been granted ILR or permanent residence where there are strong compelling compassionate circumstances to do so, taking into account any representations put forward as to why it is important for the child to become a British citizen now.
