Registering As A British Citizen: Children Born In The UK

In some circumstances, a child born in the UK may automatically acquire British citizenship at birth. If this is the case, it would be appropriate for the child to simply apply for a British passport. For those children born in the UK who have not automatically acquired British citizenship, they may be eligible to register as British.

Registering a child as a British citizen

Where a child born inside the UK has no automatic entitlement to British citizenship, there may be scope for registration on the basis of entitlement under certain sections of the British Nationality Act (BNA) 1981, or they may be able to make a discretionary application.

Registration under section 1(3) of the British Nationality Act (BNA) 1981

A child born in the UK who has not automatically acquired British citizenship at birth, may be able to register under section 1(3) of the BNA 1981 if:

• they were not a British citizen at birth because at the time neither parent was a British citizen or settled;
• whilst they are a minor, either of their parents becomes British or settled (obtains Indefinite Leave to Remain) in the UK; and
• if over ten years old, they are of good character.

British citizenship otherwise than by descent will be given to a child registered under section 1(3). This means that they could pass on their citizenship to their child, even if born outside the UK.

Registration under section 1(3A) of the of the BNA 1981

Section 1(3A) accounts for the children of members of the UK armed forces.

Children, born in the UK on or after 13 January 2010, that are under 18 on the date of application, are entitled to registration under this section if:

• they were not a British citizen at birth, as at the time neither parent was:
  • a British citizen;
  • settled in the UK; or
  • serving in the UK armed forces;
• while they are under the age of 18 either parent becomes a member of the UK armed forces; and
• they are of good character if over the age of ten.

If registered as British on the basis that a child meets these requirements, they will be given British citizenship otherwise than by descent.

Requirements for registration under section 1(4) of the BNA 1981

Children (and adults) born in the UK are entitled to registration under section 1(4) of the BNA 1981 if:

• they were not a British citizen at birth as at the time of birth neither parent was a British citizen or settled in the UK;
• they are aged ten years or over on the date of the application;
• they have lived in the UK for the first ten years of their life;
• they have not been outside of the UK for more than 90 days in each of the first ten years of their life; and
• the Secretary of State is satisfied they are of good character.

The applicant does not have to be a minor at the date of application.

It is important to note that Section 1(7) of the BNA 1981 provides the discretion to allow absences of more than 90 days in any one or more of the first ten years of the person's life. Home Office guidance provides that excess absences should normally be waived 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 ten-year period does not exceed 990 days. Discretion can also be exercised where the number of days absent exceeds 180 or 990, respectively, but was due to circumstances beyond the family's control, such as serious illness.

British citizenship otherwise than by descent will be given to a child registered under section 1(4).

Other registration routes – Sections 4G and 4F of the BNA 1981

There are other registration routes open to the children of British mothers or fathers.

Children born to unmarried British or settled fathers can apply for registration as a British citizen under sections 4G-4I. They will normally qualify if they would have become British citizens automatically under that Act had their parents been married.

Furthermore, a person who would have qualified for registration as a British citizen had their parents been married, can apply for registration under section 4F. A child can also register under these provisions if they were born on or after 1 July 2006, but did not become a British citizen because their mother was married to someone else.

Discretionary applications – Section 3(1) of the of the BNA 1981

If a child does not have an entitlement to register as a British citizen on the basis of the sections mentioned above, they may make a discretionary application under section 3(1).

There are minimal statutory requirements:

• the child must be a minor at the date of application;
• if aged ten years or older, the child is of good character; and
• the Home Secretary thinks it fit to register them.

This leaves the Home Secretary wide room for discretion and, as such, each case will be assessed on its own individual merits. The Home Office advise that a child will only be registered under this route when it is in the child's best interests and they have a strong connection with the UK. The following factors will generally be taken into account:

• the child's future intentions;
• the child's parents' circumstances;
• residence in the UK;
• the child's immigration status; and
• any compelling compassionate circumstances raised as part of the application.

Children born outside of the UK

It may also be possible for a child born outside of the UK to register as British. We consider the options available in more detail here.

Parents applying for citizenship

If a parent is applying for naturalisation as a British citizen and has included a child's application with their application, the child may be entitled to registration under one of the previous entitlement provisions, even if the parent's application is refused.

Parental consent

Parental consent is a legal requirement for some registration routes. Even where it is not a statutory requirement, the Home Office normally expects the parent's consent to be provided.

Impact of registration on other nationalities

It is important to note that the UK allows dual nationality, but not all countries do. Therefore, this needs to be considered carefully.

This article was originally published in July 2019 and has been updated. It is accurate as of the date of publication.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.