citizenship for son not born in UK to UK Citizen by Descent

[iwshim]

My mother is British. I was born in Canada in 1968.

I received UK citizenship on October 14, 2004.

I am British by descent.

My wife is Korean (married 2006).

Out son was born in Korea in 2008.

I would like to apply for citizenship for my son. How should I do this?

[Wanderer]

Are you residing in the UK?

[noajthan]

My mother is British. I was born in Canada in 1968.

I received UK citizenship on October 14, 2004.

I am British by descent.

My wife is Korean (married 2006).

Out son was born in Korea in 2008.

I would like to apply for citizenship for my son. How should I do this?

Minors are registered not naturalised.

See MN1 guidance - section 3(2) and 3(5) of BNA will be of interest.
It all depends if you have lived (or plan to live) for 3 years or more in UK.

Ref https://www.gov.uk/government/uploads/s ... r_2015.pdf

[iwshim]

1. Not living in the UK.
2. Registered - understood - will have to read about this. -> if my son decides to live in UK I want to make it as easy possible if I am around or not around.

I still can register my son but not naturalize?

[noajthan]

1. Not living in the UK.
2. Registered - understood - will have to read about this. -> if my son decides to live in UK I want to make it as easy possible if I am around or not around.

I still can register my son but not naturalize?

As a minor, son can only be registered.

If section 3(2) or 3(5) applies now, or in the future (whilst son is under 18), he can be registered.

Otherwise section 3(1), registration at discretion of Home Secretary, may be an option.
The family would have to be living in UK for that to work, and son would need ILR.

[ohara]

As said, MN1 3(2) and 3(5) are probably your best ways forward. They are both entitlements once the qualifying criteria is met, as opposed to the discretionary 3(1) which is considerably more expensive as child requires ILR.

http://www.legislation.gov.uk/ukpga/1981/61/section/3

3 Acquisition by registration: minors.

(1)If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.

(2)A person born outside the United Kingdom [F1and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made [F2while he is a minor], to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).

(3)The requirements referred to in subsection (2) are—

(a)that the parent in question was a British citizen by descent at the time of the birth; and

(b)that the father or mother of the parent in question—

(i)was a British citizen otherwise than by descent at the time of the birth of the parent in question; or

(ii)became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and

(c)that, as regards some period of three years ending with a date not later than the date of the birth—

(i)the parent in question was in the United Kingdom [F3or a qualifying territory] at the beginning of that period; and

(ii)the number of days on which the parent in question was absent from the United Kingdom [F4and the qualifying territories] in that period does not exceed 270.

(4)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A person born outside the United Kingdom [F6and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—

(a)that at the time of that person’s birth his father or mother was a British citizen by descent; and

(b)subject to subsection (6), that that person and his father and mother were in the United Kingdom [F7or a qualifying territory] at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom [F8and the qualifying territories] in that period does not exceed 270; and

(c)subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

TLDR; 3(2) requires the British parent to have resided in the UK for at least 3 years (with a maximum absence of 270 days) before the child was born. 3(5) requires both parents and the child to have lived in the UK for a minimum of 3 years (with a maximum absence of 270 days each) after the birth.

3(5) is preferable as it will lead to child become a British citizen OTHERWISE than by descent. 3(2) leads to British citizen by descent.