Registration of a Child as a British Citizen

The Supreme Court recently issued the decision in the case of R (O (a minor)) v Secretary of State for the Home Department. Please find the Supreme Court’s decision here. This case relates to whether it is lawful for the Secretary of State to make registering a child as a British citizen conditional upon payment of the fee of £1,012.

The Government’s power to set the fee for an application to register as a British citizen is contained within the British Nationality Act 1981, and was widened in the Immigration Act 2014. The Government has set the fee to register a child as a British citizen at £1,012. It was the Government’s decision to set the fee at £1,012 that was being challenged in this case.

While the Supreme Court acknowledged that a significant number of children are being prevented from registering as British citizens, due to an inability to pay the registration fee, it held that the current fee of £1,012 is not unlawful. The Supreme Court held that the level at which the Government has set the fee to register as a British citizen is consistent with the statutory provisions in the British Nationality Act 1981 and the Immigration Act 2014.

Despite the fact that the Supreme Court held that the level of fees set by the Government is lawful, there remains pressure on the Home Office to re-think the current fee to register a child as a British citizen. This is because the High Court, in a finding by Mr Justice Jay, held that the Secretary of State had failed in setting the fees at the current level to consider the statutory duty to have regard to the best interests of the child. This finding, which was not appealed to the Supreme Court, means that there is still pressure on the Secretary of State to reduce the fee so that children are not excluded from British citizenship by virtue of being unable to pay the relevant fee.

If you would like any advice or assistance regarding applying to register a child as a British citizen then please do not hesitate to contact one of the experienced solicitors in our immigration team.