Child Registration for British Citizenship

Children who do not automatically acquire British citizenship at birth, whether by descent or by birth in the UK, may be eligible to register as British citizens under the British Nationality Act 1981.

This route differs from naturalisation for adults and is specifically tailored for children before they reach the age of 18, including those born in the UK to non-British or non-settled parents, or children born abroad to British citizens by descent, or children born outside the UK in certain circumstances.

Registration can be based on either an entitlement (where certain legal requirements are met) or the discretion of the Secretary of State. 

Navigating the registration process requires careful attention to eligibility requirements, supporting documents, and presentation of your child’s circumstances.

Our dedicated immigration and nationality lawyers will help you navigate the complexities of British nationality law and support you at every stage of your child’s registration, ensuring a smooth and expertly managed application process.

Who Can Register as a British Citizen? – Eligibility Requirements

Section 1(3) and (3A): Children Born in the UK with a Parent becomes Settled or Naturalised after the Child Was Born or become a Member of Armed Forces

Section 1(3) of the British Nationality Act 1981 provides that:
A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1)  shall be entitled to be registered as a British citizen if, while he is a minor—
(a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and
(b) an application is made for his registration as a British citizen.

Under section 1(3) of the Act, a child is entitled to register as a British citizen if they were born in the UK at a time when neither parent held British citizenship or settled status. The key condition is that one of the parents later becomes a British citizen or is granted Indefinite Leave to Remain (or Settled Status) while the child is still under 18 years old at the date of application. The application must be submitted before the child’s 18th birthday.

The good character requirement applies only if the child is aged 10 or above at the time of application. This means that they must not have a serious criminal record or immigration breaches. This route provides a right to registration if all conditions are met, and the Home Office does not have discretion to refuse.

(3A) A person born in the United Kingdom on or after the relevant day (13 January 2010) who is not a British citizen by virtue of subsection (1), (1A) or (2)or section 10A shall be entitled to be registered as a British citizen if, while he is a minor—
(a) his father or mother becomes a member of the armed forces; and
(b) an application is made for his registration as a British citizen

Section 1(4): Children Born in the UK and Lived in the UK for 10 Years

Section 1 (4) of the British Nationality Act 1981 provides that:

A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person’s life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90.

Children are entitled to register as British citizen under section 1(4) if they were born in the UK and have lived in the UK continuously for the first 10 years of their life. This route applies even if the parents never became British citizens or settled. The child must have resided in the UK without being absent for more than 90 days in any given year during the 10-year period. In addition, applicants aged 10 or over must meet the good character requirement. This provision gives the child an entitlement to register, subject to meeting the strict residence requirements and good character threshold.

The Home Office has the discretion to waive excess absences if:

• the number of days absent from the UK in any one of the years does not exceed 180 days and the total number of days over the 10 year period does not exceed 990 days; or
• the number of days absent exceeds 180 or 990 respectively but was due to circumstances beyond the family’s control, such as a serious illness.

If you are considering applying under this section but are concerned about absences beyond the legal requirements, we strongly recommend seeking professional advice. Our experienced nationality lawyers can assess your child’s case and, if instructed, prepare detailed legal representations to explain the nature of the absences and why discretion should be exercised. in your child’s favour

Section 3(2): British Citizenship for Children Born Abroad to British Parents

Section 3(2) of the British Nationality Act 1981
A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).

 The requirements referred to in subsection (2) are—

(a) that the parent in question was a British citizen by descent at the time of the birth; and

(b) that the father or mother of the parent in question—

(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or

(ii) became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and

(c) that, as regards some period of three years ending with a date not later than the date of the birth—

(i) the parent in question was in the United Kingdom or a qualifying territory at the beginning of that period; and

(ii) the number of days on which the parent in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270.

Children are entitled to register as a British citizen if they were born outside the UK to a parent who was a British citizen by descent at the the time of the birth and one of the child’s grandparents (the British parent’s parent) became a British citizen otherwise by descent by 1 January 1983 or at the time of the parent’s birth or would have become a British citizen otherwise by descent but for his death.

To qualify, the British parent must have spent a continuous period of at least three years in the UK before the child’s birth, during which they must not have been absent from the UK for more than 270 days. The application must be made before the child reaches his 18 years old birthday.

Section 3(5): Children Living in the UK for 3 Years with British Parent

A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—

(a) that at the time of that person’s birth his father or mother was a British citizen by descent; and
(b) subject to subsection (6), that that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and
(c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

In the case of an application under subsection (5) for the registration of a person as a British citizen—
(a) if his father or mother died, or their marriage or civil partnership] was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; and
(b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them; …

This route applies to children born abroad to a British citizen by descent, where the child and both parents have lived in the UK together for a continuous period of three years before the date of application. During this period, the family must not have been absent from the UK for more than 270 days. The application must be submitted before the child turns 18, and both parents’ consent is usually required.

If the child was born before 1 July 2006, and the parents were not married, all references to a parent are references to the mother only, unless the child’s parents’ later got married.

If the child was born on or after 1 July 2006 and the parents were not married, both parent’s citizenships can be replied upon if the child’s father satisfies the definition of father.

Parental consent is a statutory requirement for registration under section 3(5). There is no discretion to waive this requirement.

Section 4D Children Born Outside the UK to a Parent served in Armed Forces

(1) A person (“P”) born outside the United Kingdom and the qualifying territories on or after the relevant day is entitled to be registered as a British citizen if—

(a) an application is made for P’s registration under this section; and
(b) each of the following conditions is satisfied.

(2) The first condition is that, at the time of P’s birth, P’s father or mother was—

(a) a member of the armed forces; and
(b) serving outside the United Kingdom and the qualifying territories.

(3) The second condition is that, if P is a minor on the date of the application, the consent of P’s father and mother to P’s registration as a British citizen has been signified in the prescribed manner.
(4) But if P’s father or mother has died on or before the date of the application, the reference in subsection (3) to P’s father and mother is to be read as a reference to either of them.

(5) The Secretary of State may, in the special circumstances of a particular case, waive the need for the second condition to be satisfied.

(6) The relevant day for the purposes of this section is the day appointed for the commencement of section 46 of the Borders, Citizenship and Immigration Act 2009

A child is entitled to register as a British citizen if the child was born outside the UK after 13 January 2010 to a parent of a member of the armed forces and was serving outside the UK. The application should be made before the child reaches his 18 years old birthday, and both parents need to consent. However, the Home Office can waive the consent requirement in special circumstances.

Section 3(1): Discretionary British Citizenship for Children

If while a person is a minor, an application is made for his registration as a British citizen, the Secretary of State will normally register the child as a British citizen in the following situations:

• Children of Parents in Designated or European Community Institution Service
• Children Adopted Abroad by British Citizens
• Children Born to a Parent who had Renounced and Subsequently Resumed British Citizenship
• Children Applying in Line with a Parent’s Application
• Children with Settlement and completed a period of lawful residence in the UK of more than 5 years
• Children Who Have Lived in the UK for More Than 10 Years

For any other children who do not fall under the above categories, the Home Secretary will consider the following factors to exercise their discretion:

• The child’s connections to the UK
• Whether the child is free of immigration restrictions
• Where the child’s future lies
• The parents’ views, status, and nationality
• Duration of residence, normally expect a two-year of residence. especially if children are aged 13 and over)
• Any compelling or compassionate circumstances.