Pathways to UK Citizenship for Children

British citizenship by birth

Children born in the UK will not automatically be born British citizens. A child born in the UK will only acquire British citizenship if, at the time of their birth, they are born to a parent who is British or has ‘settled’ in the UK (often referred to as having permanent residence, settled status or indefinite leave to remain). Children in these circumstances will be born British ‘otherwise than by descent’ and can pass their citizenship to their own children, whether they are born in or outside of the UK.

Children born outside the UK to a British parent may be ‘British by descent’. British citizenship is normally automatically passed down one generation to children born outside the UK. However, this depends on when the child was born and how the parent acquired their British citizenship. Those who are British by descent cannot automatically pass their citizenship down to their children.

A child who has acquired citizenship by birth can apply for a British passport.

British citizenship by registration

If a child is not automatically British, parents often ask how to register the child as a British citizen under the British Nationality Act 1981. The British Nationality Act 1981 contains various sections under which children can apply to register as British if they meet the rules set out in that section.

The particular rules a child will need to meet under the British Nationality Act 1981 depend on whether they were born inside or outside the UK.

Children born inside the UK

Children can register under section 1(3) of the British Nationality Act 1981 if:

•        they were born in the UK
•        at the time of their birth neither parent was a British citizen or settled
•        while they are minors either of parent becomes a British citizen or settles in the UK
•        they are under the age of 18 on the date the application is received
•        they are of good character if aged 10 or over

Children can register under section 1(4) of the British Nationality Act 1981 if:

•        they were born in the UK
•        at the time of their birth neither parent was a British citizen or settled
•        they are aged 10 years or over on the date of the application
•        they have lived in the UK for the first 10 years of their life
•        they have not been outside of the UK for more than 90 days in each of the first 10 years of their life
•        the Secretary of State is satisfied they are of good character

Registration under these routes gives British citizenship otherwise than by descent, meaning individuals can pass citizenship freely down to their children born inside and outside the UK.

 Children born outside the UK

Children can register under section 3(5) of the British Nationality Act 1981 if:

•        they were born outside the UK
•        at the time of the birth they had a parent who was a British citizen by descent
•        they are under the age of 18 when the application is made
•        the child and both of their parents have been in the UK for a period of three years, ending with the date of the application
•        the child and both of their parents have not been absent from the UK for more than 270 days in that 3-year period
•        the consent of both parents is given to the application
•        children aged 10 or over on the date of application are of good character

Children can register under section 3(2) of the British Nationality Act 1981 if:

•       they were born outside the UK;
•        at the time of the child’s birth, either of the child’s parents was a British citizen by descent
•        the mother or father of that parent (the child’s grandparent) became, or but for their death, would have become a British citizen otherwise than by descent either on 1 January 1983 or at the time of the parent’s birth;
•        the British citizen by descent parent lived in the UK (or if the child was born on or after 21 May 2002 in a qualifying British overseas territory) for a continuous period of three years any time before the child’s birth;
•        during that period, the parent was not absent from the UK for more than 270 days
•        this application must be made whilst the child is under the age of 18.

The three year residence requirement for the parent does not need to be met if the child is stateless.

Children can register under section 4D of the British Nationality Act 1981 if:

•        they were born outside the United Kingdom and the qualifying territories on or after 13 January 2010
•        at the time of their birth, their father or mother was both:

i.                a member of the armed forces

ii.              serving outside the United Kingdom and the qualifying territories

•       if the child is under 18 on the date of the application, both parents have consented to the application If the child’s father or mother died before the date of the application, only the other parent needs to consent.

A child registered under these sections would be a British citizen by descent and unable to pass British citizenship automatically to any of their children born abroad.

Parental Consent

It important to note that the Home Office expect all applications to register a child as British to include the explicit consent of both parents, irrespective of where the child or the parents are living, or whether the child has been adopted. This requirement can only be waived where special circumstances apply. If you think special circumstances may be applicable in yours or your child’s case, you should seek legal advice.

If a child does not meet any of the above sections, they may be able to apply to register at the discretion of the Home Secretary.

Discretionary applications under section 3(1)

This is a discretionary provision for the registration of a child. The Home Secretary may exercise their discretion to register people as British citizens under section 3(1) of the British Nationality Act 1981 if:

•      the person is under 18 at the date of the application

•      if aged 10 years or over on the date of application the child is of good character see good character requirements

•      they think fit to register them

Relevant factors that indicate a discretionary grant is suitable include:

•        Children applying to register at the same time their parent(s) are applying to naturalise as British. It is acknowledged that such children have usually been living in the UK with the parents and have completed a period of lawful residence. 
•        Children with settled status. Whilst many parents choose not to become British for multiple reasons, many still want their children to become British given their residency in the UK or their sense of belonging. The Home Office recognise it is not always appropriate for children to wait until they are 18 years old to be able to naturalise as British. 
•        There is an expectation that children who have lived in the UK for more than 10 years should be registered as British so long as their parents have regularised their immigration status.

As with any application, if the child is over 10 years of age they will need to be of good character. This is an assessment of any criminal history. Immigration breaches will not usually affect the assessments of a child’s character where the breaches were outside of their control.  

British by Adoption

Children automatically become British citizens if they are formally adopted in the UK by a British citizen via an approved adoption procedure. Different rules apply to children adopted abroad; they may need to register as British by discretion, so seeking legal advice is necessary.

Navigating British citizenship routes for children can be complex. Latitude Law’s experts are here to help you understand your options under the British Nationality Act 1981. Contact Latitude Law on 0300 131 6767 or complete our enquiry form for personalised advice.