A common question parents ask is, “My child was born in the UK; can they become a British citizen?” The answer depends on various factors, including the immigration status of the parents at the time of the child’s birth. In this article, we will explore the eligibility criteria and the different routes available to register a child as a British citizen.
For expert legal guidance on preparing and submitting your child’s British citizenship application, our leading London law firm is here to assist you in navigating the complexities of UK nationality law and ensuring a smooth application process.
Are you Parents British Citizens or have Settled Status?
If a child is born in the UK and, at the time of their birth, at least one parent is a British citizen or has settled status, the child automatically acquires British citizenship. In such cases, an application for a British passport can be made without needing to go through the registration process.
However, if neither parent was a British citizen nor held settled status at the time of birth, the child does not automatically become a British citizen. Nonetheless, registration as a British citizen may be possible through specific provisions under the British Nationality Act 1981. This article outlines the different eligibility criteria and the necessary steps to secure British citizenship for a child.
What Routes are there to Register a UK-Born Child as a British Citizen?
Can I Registration Under Section 1(3) of the British Nationality Act 1981?
A child is entitled to register as a British citizen under section 1(3) if they meet the following criteria:
- They were born in the UK.
- They were not a British citizen at birth because neither parent was a British citizen or settled in the UK at the time.
- One of the parents has since acquired British citizenship or settled status in the UK while the child is still a minor.
- The child is under 18 years old on the date of application.
- If aged 10 or older, the child meets the good character requirement.
If your child meets these criteria, our expert legal team can prepare and submit a well-documented application to maximise their chances of approval.
Can I Registration Under Section 1(3A) of the British Nationality Act 1981?
A child may be eligible for registration under section 1(3A) if:
- They were born in the UK on or after 13 January 2010.
- They were not a British citizen at birth because neither parent was a British citizen, settled, or serving in the UK armed forces.
- While the child is under 18, one of the parents becomes a member of the UK armed forces.
- The child is under 18 at the time of application.
- If aged 10 or older, they meet the good character requirement.
Given the complexities surrounding armed forces provisions, our legal specialists can guide you through the application process, ensuring all necessary documentation is in place to support your child’s registration.
Can I Registration Under Section 1(4) of the British Nationality Act 1981?
A child or young adult can register as a British citizen under section 1(4) if they meet the following conditions:
- They were born in the UK.
- They were not a British citizen at birth as neither parent was British or settled.
- They have lived continuously in the UK for the first 10 years of their life.
- They have not been absent from the UK for more than 90 days in each of these 10 years.
- They meet the good character requirement if aged 10 or older.
This is a strict route requiring precise documentation to prove continuous residence. Our team is well-versed in collating and presenting the necessary evidence to support your child’s application.
Do you have ‘Settled’ Status in the UK?
To qualify as “settled” in the UK, an individual must:
- Not be subject to any immigration restrictions on their stay.
- Be ordinarily resident in the UK.
This includes those with Indefinite Leave to Remain (ILR), EU Settled Status, and those with the right of abode. Our law firm can assess your immigration status and provide expert advice on whether your child qualifies for British citizenship.
What If Your Child Does Not Meet the Standard Registration Requirements?
The Home Secretary has the discretion to grant British citizenship to children who do not meet the specific criteria under sections 1(3), 1(3A), or 1(4). Under section 3(1) of the British Nationality Act 1981, discretion may be exercised if:
- The child is under 18 at the time of application.
- If aged 10 or older, the child meets the good character requirement.
- The Home Office deems it appropriate to grant citizenship.
Given that discretionary applications require strong supporting evidence, professional legal assistance is crucial. Our law firm has a proven track record in successfully handling discretionary applications, providing tailored advice and expert representation.
Why Choose Our Leading London Law Firm?
Navigating British citizenship laws can be challenging, and errors in an application can lead to unnecessary delays or refusals. By instructing our expert legal team, you will benefit from:
- Comprehensive legal advice tailored to your child’s specific circumstances.
- Expert preparation of all required documentation to maximise approval chances.
- Full representation in dealing with the Home Office, ensuring a smooth and stress-free process.
- A proven track record in successfully securing British citizenship for children.
Whether your child qualifies under entitlement routes or requires a discretionary application, we are here to help. Contact our law firm today for expert legal assistance in securing your child’s British citizenship.