MN1 (registration) for son born abroad

[A759]

Hello every 1
Please need yr help to register my son born abroad.
Current situation father(me)British by naturalisation 10 years long residence.child born abroad before get ilr now in uk on settlement route.
Doughter born abroad after my naturlisation got british passport by decent living in uk.
Mother on settlement visa 33 month visa.
In this situation can i register my son as british citizen section 3(1)?
Got house in uk on mortgage for last ten years son started to go.to.school so strong ties are in uk on these bases can i register ?
Or
What other options i have?
Thanx in advanve.

[CR001]

Child will follow the same path as your spouse and require ILR before applying for British citizenship.

For children born abroad, the other non British parent and the child is also required to hold ILR before the child can be registered.

How old is the child?

[A759]

Thanx for yr response .child is five years old
Can i apply for ilr now?or have to.wait five years?

[CR001]

Your son will follow the same visa and ILR route as your wife. There is no shorter route.

[A759]

Ok.many thanx.
Even sibling is british doesn't help?

[CR001]

It might only help if the mother already had ILR, but she doesn't.

[A759]

I reed somewhere or misunderstood if child live in uk for three years then can apply?

[CR001]

I reed somewhere or misunderstood if child live in uk for three years then can apply?

That is relevant to children born abroad to parent(s) who British by descent and not a naturalised parent.

[A759]

Ok.thanx alot.after five years in mother got ilr and dont apply for.son ilr to save huge visa fees and can I register that time?do u get point?

[CR001]

You likely need to apply for ILR. You risk a refusal and if the childs visa has expired they will be an overstayer.

Some have had success without ILR for a child (usually a very small child) many however have had refusals.

Once the child is 10 they also have to meet the good character requirement.

[Obie]

Child will follow the same path as your spouse and require ILR before applying for British citizenship.

For children born abroad, the other non British parent and the child is also required to hold ILR before the child can be registered.

How old is the child?

Not according to the policy. I had a refusal conceded after permission for JR was granted. The Home office concede that there is alternate to that if one parent is British. The individual has since been granted . So the other parent do not necessarily need ILR.

I do accept they normally refuse, but when it gets to court they will concede as their policy does not explicitly say so.

[A759]

Child will follow the same path as your spouse and require ILR before applying for British citizenship.

For children born abroad, the other non British parent and the child is also required to hold ILR before the child can be registered.

How old is the child?

Not according to the policy. I had a refusal conceded after permission for JR was granted. The Home office concede that there is alternate to that if one parent is British. The individual has since been granted . So the other parent do not necessarily need ILR.

I do accept they normally refuse, but when it gets to court they will concede as their policy does not explicitly say so.

Ohh thanx alot for yr help.so there is hope.what would u recommend in my situation should i apply through section 3(1)?

[secret.simon]

what would u recommend in my situation should i apply through section 3(1)?

Yes, after the mother and child have ILR.

Obie's post suggests that you will end up spending on either the child's ILR or on legal proceedings. Much better to go for the first, as you can apply for it with the mother's ILR.