Recidence requirement for kid to apply BC (Born abroad)

[kdas]

Hi,

I have read some posts & ukba guidelines before posting this query, still I have some confusions

Recently I got BC by naturalisation, my wife and daughter hold ILR since june/2011.

Now i am planning to apply BC for my "daughter", but doubt with residential requirement,

She is 4 yrs old, and living in uk since may/2010, but the absent from UK exceed 270 days (total absent 392 days)
"BORN ABROAD"
Is She eligible for BC now ?

As per Section 3(5),

"The child and their parents should not have been absent from the UK (or the British
overseas territories if appropriate) for more than 270 days during the 3 year residential
period. There is no discretion to disregard absences greater than 270 days."

Is this rule apply to her ?

Could you please clarify me ? Thanks a lot.

Regards,
Das.

[Amber]

Hi,

I have read some posts & ukba guidelines before posting this query, still I have some confusions

Recently I got BC by naturalisation, my wife and daughter hold ILR since june/2011.

Now i am planning to apply BC for my "daughter", but doubt with residential requirement,

She is 4 yrs old, and living in uk since may/2010, but the absent from UK exceed 270 days (total absent 392 days)
"BORN ABROAD"
Is She eligible for BC now ?

As per Section 3(5),

"The child and their parents should not have been absent from the UK (or the British
overseas territories if appropriate) for more than 270 days during the 3 year residential
period. There is no discretion to disregard absences greater than 270 days."

Is this rule apply to her ?

Could you please clarify me ? Thanks a lot.

Regards,
Das.

Unless you were British otherwise than by descent (unlikely as you've said you naturalised) then the child will be registering under section 3(1) not 3(5). Thus, as you're now British and the other parent is settled you should be ok.

[kdas]

"D4109125" Thank you very much for your clarification.