British Citizenship By Birth

Anyone born in the UK prior to 1 January 1983 is automatically British.

For those born here after this date automatic entitlement will depend on where they were born and on the lineage or immigration history of their parents.

Those born in the UK through a British parent or one holding settled status are automatically British and applies to the vast majority of those born here post 1 January 1983.

 

Automatic British Citizenship Through Birth Outside The UK

Children born outside the UK to a parent who is a British citizen ‘otherwise than by descent’ i.e. the parent was born, adopted, or naturalised in the UK are automatically British.

British nationality only allows for automatic British citizenship to pass down one generation outside the UK.

For those born outside the UK to a parent who became a British citizen through ‘descent’ i.e. the parent in question was born outside the UK and obtained their citizenship themselves through a parent who was British ‘otherwise than by descent’ are not automatically British.

However this category of individuals may have have other options but depends on their circumstances and it may be possible for them to register as British citizen as described below.

 

British Nationality Through Double Descent

This applies to those born whose both parent and grandparent were British by descent but only applies in limited circumstances.

It may apply where a grandparent was born prior to 1 January 1988, but their birth must have been in a non-Commonwealth country and excludes a large number of possible claimants.

 

What Are The Requirements For Your Child To Become A British Citizen?

There are number of options available for children wishing to apply to register as a British citizen.

Almost all categories detailed here require the applicant to be under the age of 18 at date of application.

 

Child Registration By Entitlement

Some options require the applicant to meet specific conditions as defined by British nationality law (usually referred to as registration by ‘entitlement’), while others will be considered at the ‘discretion’ of the Home Secretary.

 

Child Registration By Discretion

Discretion applications also require the applicant to meet certain criteria, however, these requirements have been defined by the Home Secretary which allows for a degree of flexibility in decision making.

Application types are labelled by the section number of the British Nationality Act 1981 (BNA 1981) which describe the principal qualifying criteria.

Child Registration By Entitlement Through Section 1(3) Of The BNA 1981

This applies to children born in the UK to parents who obtained indefinite leave to remain or settled status after the child’s birth.

This covers a considerable number of children given they would have been born whilst their parents were subject to immigration control for example, through work or study.

The only requirements for this type of registration is that the applicant was born in the UK and at least one parent has obtained ILR since the child’s birth.

Registration By Entitlement Through Section 1(4) of the BNA 1981

For children (or qualifying adults) who were born in the UK to parents who were neither British nor settled and have spent the first 10 years of their life living in the UK.

This type of application is particularly useful for children born to parents with no immigration status. It is often referred to as a ‘Form T’ application.

Applicants must:

  • have been born in the UK;
  • were not a British citizen at birth through a parent who was a British citizen or settled in the UK;
  • are aged 10 years or over on the date of application;
  • have lived in the UK for the first 10 years of their life;
  • have not been outside of the UK for more than 90 days in each of the first 10 years of their life; and
  • are of good character.

Registration By Discretion Through Section 1(3) Of The BNA 1981

Generally, for children born outside of the UK need to apply at the discretion of the Home Secretary.

There are no specific criteria for this type of application, however, the following factors may be considered:

  • the child’s connection with the United Kingdom;
  • place of birth;
  • where the child’s future is likely to lie;
  • the parents’ views;
  • the parents’ nationality;
  • the parents’ immigration status in the UK;
  • whether the child is of good character (for children over the age of 10 criminal convictions may be an issue);
  • length of time the child has lived in the UK;
  • length of time the child’s parents have lived in the UK; and
  • any compelling circumstances which may require British citizenship.

Children born outside of the UK who have subsequently gained indefinite leave and who wish to apply for citizenship at the same time as their parents would normally apply through this registration category. Please note at least one parent needs to have obtained British citizenship or settled status.

Registration By Entitlement Through Section 3(2) & S.3(5) Of The BNA 1981

These two categories are for children born outside of the UK to parents who themselves were born outside of the UK (descent) and who are therefore unable to pass on their British citizenship automatically.

Both categories require specific criteria to be met.

Section 3(2) Applicants Must Show

  • they were born outside the UK;
  • are under the age of 18;
  • at least one of the child’s parents was a British citizen by descent (i.e. born outside of the UK) at the time of the child’s birth;
  • the British citizen parent spent a continuous period of three years living in the UK prior to the child’s birth.
  • during the three-year residence period, the child’s parent should not have had absences exceeding 270 days; and
  • the child’s parent / parents must consent to the child being registered as a British citizen.

Section 3(5) Applicants Must Show

  • they were born outside the UK;
  • are under the age of 18;
  • at least one of the child’s parents was a British citizen by descent at the time of the child’s birth;
  • both the child and both parents should have lived in the UK for a continuous three-year period ending with the date that the application is submitted to the Home Office;
  • the child and their parent / parents should have been physically present in the UK at the start of the three-year period;
  • both the child and both parents must not have been absent from the UK for more than 270 days during the three-year residential period; and
  • the child’s parent / parents must consent to the child being registered as a British citizen.

These cohorts therefore require a ‘connection’ with the UK through residence.

Both types of application are submitted on the basis of ‘entitlement’, however, the Home Office will not exercise discretion if the 270-day absence requirement has not been met.

It is important to note that a child registered under section 3(2) will be a British citizen by descent and will be unable to pass British citizenship on to any of their children born outside of the UK (they will also not be able to register children under either section 3(2) or 3(5) in the future).

A child successfully registered under section 3(5) will be a British citizen otherwise than by descent. This means that the child will be able to pass on their citizenship to any children who are born outside of the UK.

It is therefore important to understand the consequences of applying through either route.

Registration By Entitlement, Sections 4(f)-(l) Of The BNA 1981

Often referred to as a ‘UKF’ application, these types of application are for children (or qualifying adults) born before 1 July 2006 to unmarried British citizen or settled fathers.

Before 1 July 2006, people born out of wedlock could not automatically acquire citizenship through their father. The exception to this was if the parents subsequently married and ‘legitimated’ the child’s birth.

These categories were introduced on 6 April 2015 and do not attract a Home Office application fee.

Key to the success of this type of application is to clearly establish the paternity of the child.

When preparing such applications it is important to trace the lineage through birth certificates and other supporting evidence. Where this is not possible it may be possible to provide DNA evidence. DNA evidence may be provided through another close relative where it is not possible to do so through the father. The Home Office only accept DNA evidence from specific providers, so it is important to check they are acceptable.

Children who were born to a British father and a non-British mother married to someone else on the date of the child’s birth will need to register at discretion under Section 3(1).

British Passport For A Child

Please note a child born to parent who is British or has settled status at the time of the child’s birth and is automatically a British citizen can apply for a passport to evidence it’s nationality.

For those registering as a British citizen, the passport application should not be made until there is a successful registration application outcome.

 

If you would like to discuss your child’s eligibility for British citizenship in more detail, please contact us on +44 (0)20 7038 3980, email us at [email protected] or use our online enquiry form.

Alternatively click on the links below for frequently asked questions.

 

Online Form For Child Registration As A British Citizen

Applications are submitted using an online form. Most registration application are through Form MN1 but, depending on the circumstances can be either Form T or Form UKF.

The forms must be submitted with the relevant fee where applicable. If submitting an application from within the UK, the supporting documentary evidence may be submitted online.

For applicant’s living outside of the UK, original documents may need to be sent to the Home Office in Liverpool for processing. The applicant must also attend a biometric appointment.

Passports can be submitted online but the originals must be provided on request. Therefore, so long as the child has an immigration status, they are free to travel.

Please note, an application for a registration as a British citizen is not a visa application and care should be taken to ensure the child has the correct status.

Immigration solicitors from RLegal can of course advise on this.

 

Referees For Child Registration

The application must be supported by two referees, each of whom must know the child. One of the referees must be a professional and must have interacted with the child in a professional capacity (for example as a teacher, dentist, medical professional etc.).

The referees must also be:

  • a British citizen (for preference);
  • aged 25 or over;
  • not related to the child;
  • not related to the other referee; and
  • not your solicitor or agent.

Referees are not deemed acceptable if they have been convicted of an imprisonable offence during the previous 10 years.

The referees can provide their details through the online form but must sign a simple legal declaration to state they know the child.

 

Timescales For Child Registration

The Nationality Directorate may take up to 6 months to process applications, however this timescale can vary greatly depending upon staffing levels and the number of applications received.

Once an application for child registration has been submitted it is rare for the Home Office to provide an update. Care should be taken to ensure the application satisfies all the legal requirements when submitting an application to ensure there are no delays or complications.

Our immigration nationality lawyers have considerable experience of submitting such applications spanning four decades and can assist you.

 

Home Office Fees

The Home Office charge a processing fee for most registration applications. This fee is presently £1214 per applicant.

Applications submitted under Sections 4F to 4I do not attract an application fee.

If a child turns 18 during the processing of their application, then they will need to pay an £130 fee to cover the cost of a mandatory citizenship ceremony.

 

How RLegal Can Help With An Application For Child Registration

Provide comprehensive legal advice.

Assistance with applicants living both within the UK and residing overseas.

Ensuring your child’s application meets the legal requirements for registration as a British citizen.

Completion and submission of all the relevant application forms.

Preparation and the submission of the required supporting evidence.

Assistance with the booking the biometric appointment.

Ongoing liaison with the authorities as and when required.

 

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