Can child in India who has ILE apply for BC with parents?

[walnutfish]

Hello All,

Me and my wife first entered UK in Apr 2006 using HSMP VISA. We got our ILR in Apr 2010 at Croydon PEO based on HSMP Jr.

In Apr 2011 we would have finished our 5 yrs residential requirements (4 yrs under HSMP JR + 1 yr under ILR) and be eligible to apply for BC.

As an HSMP holder we were initially granted VISA for 1 year.

My son first entered UK in Aug 2006 as an HSMP dependant. All 3 of us applied for HSMP extension in Apr 2007 and we successfully got 4 years Resident permit valid till Apr 2011.

Since I was not very pleased with the primary education here, I have sent my son back to India in July 2007 and have been in a boarding school since then. My son comes to UK during his vacations.

Based on our ILR, we have applied for a settlement VISA for my son in INDIA. He was give "Indefinite Leave to Enter (ILE)" in Aug 2010.

Based on what I have read so far, Me and my wife will not have any issues with our BC.

The real question is will my son be eligible to apply for BC along with our applications.

My son will be in UK next Apr 2011 for his vacation. Can we include him along with our BC applications.

Will my son also have to satisfy residential requirements ?

We are not sure how to proceed. any suggestions will be appreciated.

[vinny]

See also Can my daughter register as british

[walnutfish]

From what I can read from the MN1 Guidance form, Section : Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for one or
more children who are not automatically British at birth (see “Automatic acquisition of
British citizenshipâ€