Overseas born child_Registration as BC

[sakusi]

Dear All,

Kindly help me with the following queries. I have spent a lot of time looking for answers. Posting on this forum has been my last resort.

My situation:

Husband: ILR obtained 2009
Me: ILR since 2009
Child : ILR since 2009
(All together)

Husband: BC since 2010

Me and child didn't apply for BC at the same time as husband coz I was not in the country for 6 months in 2010.

Now I am preparing two sets of application forms. One for my child (Form MN1) and one for me (Form AN).

Do I need to satisfy residential requirement of 3 years or Can I apply on just the basis of 12 months of ILR?

If I need to satisfy 3 year residential requirement, then, I don't meet residential requirement of being physically present in the UK, 3 years ago, at the time of application now, say in July 2013 (I was abroad for 6 months in 2010). So I need to wait till November 2013 to make my application. Am I correct in this conclusion?

I'm happy to wait till November to apply for my BC but I don't want to wait till November 2013 to apply for my child's BC. I am in rush to get my child's BC done first as he can accompany his father for a short break to USA on British passport. So I have to apply as soon as I clear my doubts.

My query is: Are there residential requirements to be satisfied by my child (aged 5) like me? I referred to your FAQs (Children) and found that there are no residential requirements for a child under 13. Is this correct? If I make my child's application in July 2013, then Father's status is BC and mother's ILR. Is this enough to seek Home secretary's discretion or what is residential requirement's that apply for child as well? I have referred to
1.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Section 9.17.9 Page 43

2. http://www.ukba.homeoffice.gov.uk/sitec ... de_mn1.pdf

Registration at the Home Secretary’s discretion - Section 3(1) application

Page 13

Please guide me on the above queries with respect to the two applications to be made. Thank you for reading and for your effort and time in answering.

Regards, Sakusi