British citizenship – Child registration

A minor is defined in the British Nationality Act 1981 as a person under the age of 18.

Before considering registration, it should first be checked whether the child may already be a British citizen. If the child is already a British citizen, there is no need to register the child, and an application can instead be made for the child’s British passport.

If the child is not already a British citizen, it is necessary to consider whether the child has an entitlement to registration under sections 1(3), 1(3A), 1(4), 3(5), 3(2) or 4D of the British Nationality Act 1981.

If the child does not have an entitlement to registration, it is then necessary to consider whether the child meets the normal criteria for registration at the Home Secretary’s discretion under section 3(1).

If the child does not meet the normal expectations for registration under section 3(1), it should be considered whether there are compelling or compassionate reasons why the application should nevertheless be granted exceptionally.

Entitlement provisions are provisions within the British Nationality Act 1981 which give a person a right to be registered if all the statutory requirements are met.

Discretionary provisions allow the Home Secretary to decide whether to grant citizenship. The Home Secretary may grant citizenship even if some expectations are not fully met but may also refuse an application even where the requirements appear to be met.

Section 1(3) or section 1(3A): for UK-born minors whose parent has become a British citizen, become settled in the UK, or become a member of the armed forces.

Section 1(4): for UK-born minors or adults who have lived in the UK from birth to age 10.

Section 3(2): for children born outside the UK to British citizens.

Section 3(5): for children born outside the UK to British citizens where the family has lived in the UK for three years.

The Home Office has acknowledged that failure to register a child under the appropriate section could adversely affect future generations. In some cases, registration under section 3(1) would give British citizenship by descent, whereas registration under an entitlement provision would typically give British citizenship otherwise than by descent.