Personal Immigration

Apply for British Citizenship for Children, Birmingham, West Midlands, UK

Registration as a British citizen for children born in and outside the UK

Information

Do you need advice and assistance with registering your child(ren), who were born either inside or outside the UK, as British citizens? Below is a detailed guide on the requirements, supporting documents needed and overview of the application process. For a detailed analysis of your case and requirements please get in touch today using the contact form on the right.

Children born in the UK

The legal requirements for registration of children born in the UK under section 1(3) of the British Nationality Act ('BNA') 1981 are that children are entitled to registration if:

  • they were born in the UK
  • they were not British citizens at birth because at the time neither parent was a British citizen or settled
  • while they are minors either of the parents has since become a British citizen or settled in the UK
  • they are under the age of 18 on the date the application is received
  • they are of good character if over the age of 10

What documents do I need in support?

Applications under section 1(3) must be supported by the following evidence:

  • child's full birth certificate showing birth in the UK, parents details and registration in the 12 month period following birth

Evidence of parent's British citizenship/settled status since the applicant's birth, such as:

  • a naturalisation certificate
  • a registration certificate
  • evidence of parent's settled status since the applicants birth, such as:
    • an indefinite leave to remain (ILR) stamp in a passport
    • a Home Office letter
    • a no time limit stamp
    • a biometric residence permit (BRP) confirming ILR
  • a marriage certificate, if:
    • the parent on whom the claim is based became a British citizen or settled in the UK after the child was born
    • the child was born prior to 1 July 2006 to a father who is a British citizen.

Requirements for registration under section 1(3A) - father or mother becomes serving member of the Armed Forces

Children are entitled to registration under section 1(3A) of the British Nationality Act 1981 if:

  • they were born in the UK on or after 13 January 2010
  • they were not a British citizen at birth, as at the time neither parent was:
    • a British citizen
    • settled in the UK
    • serving in the UK armed forces
  • while they are under the age of 18 either parent becomes a member of the UK

armed forces

  • they are under the age of 18 on the date of application
  • they are of good character if over the age of 10

Evidence required under section 1(3A)

Applications under section 1(3A) must be supported by the following evidence:

  • child's full birth certificate showing birth in the UK on or after 13 January 2010
  • evidence of parent's service in the UK armed forces
  • a Home Office stamp showing the holder is entitled to exemption under section 8(4) of the Immigration Act 1971
  • a letter from the Ministry of Defence confirming service in the armed forces (including details of the postings at the time of birth and dates of service)

Requirements for registration under section 1(4) - child has attained the age of ten years in the UK.

Children and adults are entitled to registration under section 1(4) of the British Nationality Act 1981 if:

  • they were born in the UK
  • 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 10 years or over on the date of the application
  • they have lived in the UK for the first 10 years of their life
  • they have not been outside of the UK for more than 90 days in each of the first 10 years of their life
  • the Secretary of State is satisfied they are of good character

Evidence required under section 1(4)

Applications under section 1(4) must be supported by the following evidence:

  • applicant's full birth certificate to confirm that they were born in the UK and that they are 10 years or over on the date of application
  • evidence of residence to cover the first 10 years of the applicant's life

The evidence of residence will differ for the different periods of a child's life and therefore the following documents must be provided:

  • aged up to 5 years:
    • passport or travel document
    • medical records
    • vaccination records
    • doctors' letters
    • personal child health record (red book)
    • letters from child's nursery
  • aged 5 to 10 years:
    • letters from child's school confirming attendance
    • passport or travel document for the full 10 year period to confirm absences during the period

Stateless children - entitlement under paragraph 3 of schedule 2

If there is no entitlement under section 1(3), 1(3A) or 1(4), the child may have an entitlement under paragraph 3 of schedule 2 if they are stateless. This area of law is highly complex. If you think your child may qualifiy for registration owing to their stateless status then speak to one of our expert Immigration Solicitors today.

Discretionary registration as a British citizen

If there is no entitlement under either section 1(3), 1(3A), 1(4) or paragraph 3 of schedule 2, it may be possible to seek discretionary Registration as a British citizen for your child.

This is a discretionary provision for the registration of a child. The Home Secretary may exercise their discretion to register people as British citizens under section 3(1) of the British Nationality Act 1981 if:

  • the childis under 18 at the date of the application
  • if aged 10 years or over on the date of application the applicant is of good character see good character requirements
  • they think fit to register them

These are the only statutory requirements. The Home Secretary has a wide power of discretion and the above does not amount to definitive rules. Each case is looked at and considered on its merits. All the relevant factors are taken into account, together with any representations made to the Home Office.

The Home Secretary may refuse to grant a certificate where it would not be in the public interest to grant citizenship. This could be for reasons relating to their actions, behaviour, personal circumstances or associations such as family relationships. For example citizenship may be refused where:
• granting the application could have an adverse impact on international relations
• a decision to grant would be so perverse as to undermine confidence in the immigration and nationality system

In particular, the applicant's associations, including family relationships, with those who have been or who are engaged in terrorism, or extremist behaviour or who has raised security concerns, will normally warrant a refusal of citizenship. Due regard will be given to whether an association is current or whether family ties have been severed.

The above is not a subsititue for legal advice and is a general overview only. For tailored advice, please get in touch using the form on the top right of this page or call us on: 0121 809 5999

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