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I don't think that 3(5) is applicable here, as neither parents are British by descent.Just Wondering wrote:Even if your son is granted this visa, he would then need to be resident for 3 years in the UK and the requirements for registration under s 3(5) British Nationality Act. These are requirements that need to be met by both you and your wife as well.
Yes. Section 3(1), by Discretion, would be applicable.Just Wondering wrote:You could also try for registration under s 3(1) British Nationality Act (registration is in the child's best interest), but seeing as your wife seems to be the main caregiver of your son and lives with her in Belgium, on the current facts it would be unlikely that it's in the child's best interest under this category.