Registration Applications

Under Section 1 (3) of the British Nationality Act 1981 children will be entitled to register if they were born in the UK and meet one of the following requirements:

• A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become a British citizen.
• A child born in the UK on or after 13 January 2010 whose parents are not born British citizens and were not settled in the UK will have an entitlement to register if either parent becomes a member of the UK armed forces.
• If a child has lived in the UK for the first 10 years of their life, they will have an entitlement to register. 
• A child born in the United Kingdom who is and has always been stateless may also qualify on the basis of a period of 5 years residence.

Under Section 3 (2) of the British Nationality Act 1981 children will be entitled to register if they were born abroad to British parents and meet the following requirements:

• The parent who is British by descent must have been born to a parent who was a British citizen otherwise than by descent.
• The British citizen by descent parent must have lived in the UK for a continuous period of 3 years at any time before the child’s birth. During that period they should not have absences exceeding 270 days.

Under Section 3 (5) of the British Nationality Act 1981 children will be entitled to register if they were born abroad to British parents and meet the following requirements:

• The British citizen parent must have been a British citizen by descent at the time of the child’s birth.
• The child and their mother and father should have lived in the UK for a 3 year period ending with the date the application is received.
• The child and their parents should be physically present in the UK or a British overseas territory at the start of that period.
• The child and their parents must not have been absent from the UK for more than 270 days during the 3 year residential period.

Under Section 4D of the British Nationality Act 1981 children will be entitled to register if they were born abroad to British parents and meet the following requirements

• The child was born on or after 13 January 2010.
• The child was born outside the UK.
• Both parents consent to the child being registered as a British citizen. (If one of the parents has died, then only the consent of the surviving parent is required).

In consideration applications of this type, the Home Secretary will consider the
following factors:-

• The child’s connections with the UK – the child should be free of any restrictions on their stay in the UK.
• Where the child’s future is likely to lie.
• The parents’ views.
• The parents’ nationality and immigration status –either or both the child’s parents.
• Should be British citizens or one parent a British citizen and the other parent settled in the UK.
• Whether the child is of good character.
• The length of time the child has lived in the UK – the child should have at least 2 years residence (particularly if the child is over the age of 13).
• Any compelling circumstances.

The Home Office have recently changed their guidance to state that they expect children who are applying to register at the Home Secretary’s discretion to have obtained settled status first.

Please note that under the nationality laws of some countries a person will automatically lose their nationality if they become a citizen of another country. If you have any questions about this, you should ask the authorities of the country of which the child is a citizen through the Embassy or High Commission before making your application.