Naturalization or Passport for son - advice please

[ReddI]

Hi,

(Sorry for the long story)

I (am Indian) have been leaving in UK since 1998 March
I have married in March 2000 and my wife joined me in UK may 2000

We both got PR (permanent residence) in May 2001
I got the naturalization and british passport on May 2005
wife got the naturalization and british passport on dec 2009

My son born in India on August 2002 (when we both had british PR) and successfully applied for (first time) settlement visa for him but unfortunately it was expired when we were noticed

He stayed with us for 9 months after he is born (until 1st birth day) and ever since he has been leaving in India with my parents

He has been visiting us every summer during his school holidays (6 to upto 9 weeks) on visiting Visa (due to our bad planning)
This year we have applied for settlement visa for him and he is currently staying with us in UK (until third week of June)

My main concern is when/how do i apply for his naturalization or does he eligible for British passport?

Please help me with this query and many thanks in advance

[geriatrix]

1. Minors apply for registration as British citizen and not naturalisation.

From within UK:
1. Your son may apply for registration as British citizen under section 3(1) of British Nationality Act (registration subject to discretion).
2. After receiving the the registration certificate, he may apply for a British passport.

From outside UK (6.3.1.2):
1. Please enquire from nearest British High Commission for specifics (form to be used, fees etc.) regarding registration of your child as a British citizen under section 3(1).
2. After receiving registration certificate, the child may apply for British passport through the BHC.

[ReddI]

many thanks sushdmehta.

As i have mentioned above we have just taken his settlement visa, do we need to maintain some gap before applying for registration or can apply it right now, please?

[geriatrix]

As both parents are present and settled in UK, the child should have been issued with indefinite leave to enter (ILE). In such case, he may apply for registration anytime. Children under 13 are not required to fulfil any residency requirement.

The one problem that you may have a problem with is to prove that the child's future lies in the UK (9.17.2). The fact that he has been living outside the UK since his birth and will continue to do so in the foreseeable future may lead to the registration application being refused. Not sure if the fact that the parents have been resident in UK and are British citizens will have a bearing in proving that the "child's future should clearly be seen to lie in the UK".