adi16

regarding my son's application for registration as british citizen. Do you think he is eligible for british citizen since his mother was a BNO passport holder at the time of his birth (application for british citizenship was under process at the time of his birth). got approved around one month after his birth.
We have submitted the application for registration as british citizen anyway with consultation of an immigration lawyer but since you are expert in these type of cases, I would like your opinion on that.
Best Regards

BritInParis

Without knowing exactly how your wife became a British citizen I can't comment. What does it say on her certificate of naturalisation/registration as a British citizen? If that was an option for her all along it then why waste time on a Tier 2 visa?

adi16

She was born in Hong Kong and that's how she got BNO. She got british citizen under British nationality act 1981.
wasting time on tier 2 was a stupid mistake and we suffered/paid a lot for the mistake as family and her as an individual. best not to think about that now, make me angry.

BritInParis

Okay, but that's not particularly helpful if you want an answer to your question. Her certificate of naturalisation/registration will include a section number, for instance '6(1)' or '4B'. If you can provide that then I can make an informed comment on your son's citizenship status.

adi16

section 4B

BritInParis

Section 4B registration for BN(O)s was introduced on 19 March 2009. This would have given your wife British citizenship by descent. Your wife would have needed to have been registered as a British citizen when your son was born in the UK in order for him to obtain British citizenship at birth automatically. Holding a BN(O) passport would not be sufficient. If he was born before your wife became a British citizen then you would need to apply to the Home Office using Form MN1 to register him as a British citizen under Section 1(3). This would give him British citizenship otherwise than by descent. If you are in the process of doing this then that's the correct procedure to follow.

adi16

Thank you BritInParis. This what we have done. I'm so relieved after your message. Thank you so much.

Now kindly advise on my application for settlement. should I submit my application? if yes, should I include him (my son) as my dependent child?
Do my sponsor (wife) need to show financial mean to support both of us? which 22,400.

I'm really sorry for bothering you so much. I really appreciate you help and expert advise.
Best regards

BritInParis

As I said I would wait until your son is registered as a British citizen and you can provide his British passport number. You won't then need to include him in the financial requirements your wife needs to meet.

adi16

I don't know how long his (my son's) application will take. I dont want to wait that long. financial requirement is not an issue. My wife's annual salary is over 40K.
Kindly advise how fill out the application in order to add him, since he is already in UK.
Regards

BritInParis

Just list him as a dependent and provide his HK passport number. He'll be included in the financial requirements so you'll need show this in Appendix 2.

adi16

He doesn't have a HK passport..... he was born in UK and never left the UK since birth (Feb 2016). He only got UK birth certificate

BritInParis

办理护照/旅行证须知

adi16

Bro I'm not looking into getting him a Chinese passport. Hopefully his application for British passport will be successful and he won't need a Chinese passport.

Right now I'm worried how do I mention him in my application. if I put him as my dependent child then I need his passport details which he doesn't have.

If i say I don't have a dependent child then that would be misinformation i think, even though my son is living with his mother (GP in UK) and is technically not dependent on me.

What should I do?

BritInParis

Either wait until he becomes a British citizen like I suggested or obtain his HKSAR passport.

adi16

Okay. Thank you dear.