Your first point of call in relation to British citizenship will usually require a thorough understanding of the British Nationality Act 1981.
It provides a number of sections, each with different requirements for children to be registered as a British citizen.
Sections 1(3), 1(3A) and 1(4): registration by entitlement for those born in the UK after 1 January 1983.
Section 1(4): entitlement provision for either a child or an adult.
Sections 3(2) and 3(5): entitlement of minors born outside the UK and qualifying territories to British citizens by descent.
And finally, section 3(1): discretionary provision for registration as a minor.
Today, these notes will deal with only one of the above; section 1(3):
A child is entitled to registration under section 1(3) if he/she was born in the UK, but didn’t become a British citizen at birth, because at the time neither parent was a British citizen or settled in the UK. If either of the parents of such a child (after his/her birth) becomes a British citizen or settled in the UK and the child is still a minor at that time and can show that he/she is of good character (if over the age of 10) British citizenship otherwise than by descent is likely to be granted by registration.
It should be noted that the application must be received when the child is still under the age of 18.
For more information and assistance contact info@depner-immigration.com
Daniel Dippenaar – Barrister-Immigration Consultant 28 February 2020