Children citizenship: birth inside vs outside the UK

[jcard]

Hi,
I am little bit confused regarding my children citizenship, as I called the UKBA and got a different answer from what I've read here and elsewhere.

I am an EU national with 2 children, not yet settled in the UK at time of children birth.

As one of my children is born in the UK and the second one is expected soon and we are thinking of having him abroad, I'd like to understand how this could impact his future application for British nationality.

From what I understand from here (http://www.immigrationboards.com/viewtopic.php?t=95747), the child born in the UK will have an entitlement with no discretion under section 1.3, while if the second one will be born abroad, he will have to apply under section 3.1 which is 'at discretion of Home Office'.

However I've called the UKBA and they have told me that in both cases there is no automatic entitlement and that there is no difference between the 2 types of applications (1.3 vs 3.1) and that both children will need to go through the MN1 form, so the fact that a child will be born in or outside the UK will not affect whatsoever their application.

Now, I can understand that the form might be the same and that there is no 'automation' as such in both cases, but can someone clarify what are in practice the chances of being accepted in the 2 cases?
Is 'discretion' here just a formality or there are more cases being refused, everything else being the same?

FYI both myself and my wife will be settled in the UK when we'll apply for our children (and our) citizenship.

Thanks,
J

[Amber]

They are wrong, the child born in the UK is entitled to register as British under section 1(3) when either parent is settled. If the other child if born abroad before either parent is naturalised, that child may be able to register as British under section 3(1).

[vinny]

Amber is correct.