BritInParis

You’re talking about two different things. You can apply to register him as a British citizen now under S.3(2) from within the UK but that will restrict him to British citizenship by descent as discussed previously. If you wish to pursue S.3(5) and British citizenship otherwise than by descent then he’ll need a child visa which means returning to Costa Rica to apply for it.

EmilieW

But both are listed in that link I sent you in my last message. It does not say anywhere that we need to be in Costa Rica. I am happy to go to Costa Rica and do the process, but Im just trying to understand and I can not see anywhere in the guide notes that for the S.3(5) that tells me we need to be in Costa Rica. Am I missing something?

BritInParis

Yes, the three years your family needs to reside in the UK before you can register your son under S.3(5).

EmilieW

But how can he reside in the UK for 3 years without the correct visa?

BritInParis

He can’t. That’s why he needs to go back to Costa Rica to apply for it.

EmilieW

So what you are saying is this option is not available to us? Even though I have spent decades living in the UK because his father has not, we can not apply that way and we only are able to go for the other option under section 3(2)?

BritInParis

You can do either but doing it now, from inside or outside the UK, will only give him British citizenship by descent. You’ve just said you don’t want to do that hence my surprise that you didn’t apply for his visa from Costa Rica.

Were both your parents born in England?

EmilieW

Yes they were both born in England

BritInParis

Okay, so your two choices are apply now from the UK to give your son British citizenship by descent or return to Costa Rica for his visa and then live in the UK for three years to give your son British citizenship otherwise than by descent.

EmilieW

Okay I understand, thank you. I had not realised first it was applying for a child visa and then second after 3 years applying for the 3(5).

My final question, and I really appreciate your help, can you point me in the right direction on the gov website for the child visa? Is this it? https://www.gov.uk/uk-family-visa/child

Do you know where I can find the list of supporting documents we would need to apply for his Child visa.

Thank you so much for your help.

BritInParis

That’s the one. You’ll need to provide a lot less than for the spouse visa. There’s not a definitive list. The main aspects are proof of relationship and evidence that you can meet the accommodation and maintenance requirements.

EmilieW

Thanks so much for your guidance, its been really helpful!