QUERY CHILD CITIZENSHIP MN1

[SSUK123]

I wonder if anyone would know a bit about registering a child using the discretionary route 3/1? My son is 17 and here on an EU passport with a registration certificate as the dependant of a qualified person - his father is exercising treaty rights as a worker. I am british by descent. I have not lived here 3 years before his birth and he will have only been here a few months over 2 years when he reaches 18 so 3/2 and 3/5 options would not be possible. His father and I are legally separated although his father lives in the UK and provides for him financially. His father does not have PR as he has not yet been here 5 years. In this case, where parents are separated, do both parents need to hold british citizenship or permanent residence? thank you in advance.

[CR001]

Both parents and the child need to hold PR each or BC.

Unlikely he will qualify for BC until he has PR, which he needs 5 years residence for.

[SSUK123]

Thank you. Very confusing because the chapter 9 instructions say that the child's immigration status and freedom from restrictions is less important if one parent is a british citizen and has come to live in the UK permanently. I know if my son's father was out of the country he would just need to have signed a letter stating he relinquishes all parental rights. Perhaps I need to tell my ex that he should leave the country.

[CR001]

Yes it does say that, but mostly relates to small children or children who have lived in the UK for many years, but is not guarantee and there are still refusals frequently. Very different if the child is almost an adult with only a couple of years residence.

He requires PR to qualify for citizenship.