British passport for child who was born abroad - queries

[Haris2108]

Hi

I am thinking to apply for British Citizenship in the month of April 2014 to me and my son who is 3 years now(born in India).

Me, my wife and my son - all have got ILR in March 2013.
However when my wife and son visited India during April 2013, he was ill and my wife and my son stayed in India for medical reasons.

However I have stayed in UK doing job here while my family was in India and thinking to apply for British citizenship during April 2014 and also to my son who will be 3 years 5 months by then.
I plan to bring my wife and son during the month of March 2014.

My question is, is my son eligible for British citizenship at that time in April 2014 as he clearly did not stay in UK for more than 14 months since his last departure?
http://www.ukba.homeoffice.gov.uk/briti ... ngintheuk/

My son was born in India.
The above link says kid also should be not more than 270 days and also be residing in UK 3 years before the date of application date.
Clearly my wife is not eligible but I am applying only to me and my son.

From the Children Britisch Citizenship FAQ's from your website, its says that it may not be applicable to children who are below 12 years old.

Pls clarify.

Thanks
haris

[Jambo]

The link you provided is for children born to a British parent. This is not your case as you became British after your child was born.

Although residence is not a requirement in your son's case, this is an application at discretion as the HO need to be convinced that the child's future is in the UK. Applying just one month after his return might not be advisable. I would wait before applying (maybe 1 year?).

[Haris2108]

Many thanks for your response!
Actually immediately after British Citizenship, I would like to work in Germany in my company HQ's hence would like to apply for my son soon.
Can you please share the link which says there are no residential requirements for children under 13?
Or is it ok if I apply from India for my son once I get citizenship?

Thanks
Haris

[Jambo]

The link is available in the FAQ (in Q1).

If you plan to move to Germany, your child can get as a visa a family member of EU citizen. He doesn't need a British passport to live in Germany.

If the child is in India, the application is likely to fail as it is not clear the child future is in the UK.