If your child was born in the UK at a time when neither parent was settled or held British citizenship, you can apply for their registration as a British Citizen using the MN1 form as soon as one parent obtains Indefinite Leave to Remain (ILR) or becomes a British Citizen. This application must be made while the child is still under 18, as specified under Section 1(3) of the British Nationality Act 1981, which states: "A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled to be registered as a British citizen if, while he is a minor— (a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and (b) an application is made for his registration as a British citizen."
For children born in the UK on or after January 13, 2010, whose parents were neither British citizens nor settled in the UK, there is an entitlement to register if one parent later joins the UK armed forces. Under Section 1(3A) of the British Nationality Act 1981, you can use the MN1 form to register your child as a British Citizen if one parent has joined the armed forces after the child's birth, while the child is still under 18. Section 1(3A) of the British Nationality Act 1981 specifies: "A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A), or (2) shall be entitled to be registered as a British citizen if, while he is a minor— (a) his father or mother becomes a member of the armed forces; and (b) an application is made for his registration as a British citizen."
Under Section 3(2) of the British Nationality Act 1981, a child born outside the UK can be registered as a
British Citizen if one parent is a British Citizen by descent and has lived in the UK or a British overseas
territory continuously for at least three years before the child’s birth. The parent must not have been
absent from the UK or the territory for more than 270 days during that period. This application is also
made using the MN1 form.
Section 3(2) of the British Nationality Act 1981 outlines the following:
"(2) A person born outside the United Kingdom [and the qualifying territories] shall be entitled, on an
application for his registration as a British citizen made [while he is a minor], to be registered as such a
citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the
requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that
person’s father or his mother (“the parent in question”).
(3) The requirements referred to in subsection (2) are— (a) that the parent in question was a British
citizen by descent at the time of the birth; and (b) that the father or mother of the parent in question—
(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or
(ii) became a British citizen otherwise than by descent at commencement, or would have become such a
citizen otherwise than by descent at commencement but for his or her death; and (c) that, as regards
some period of three years ending with a date not later than the date of the birth— (i) the parent in
question was in the United Kingdom [or a qualifying territory] at the beginning of that period; and (ii)
the number of days on which the parent in question was absent from the United Kingdom [and the
qualifying territories] in that period does not exceed 270."
A child is eligible under this section if they meet the following criteria:
1- They were born outside the UK.
2- One of their parents was a British citizen by descent at the time of their birth.
3- The parent’s own parent (the child’s grandparent) became, or would have become, a British
citizen otherwise than by descent at a specified time.
4- The British citizen by descent parent has lived in the UK (or, if applicable, a British overseas
territory) for a continuous period of three years at any time before the child’s birth, with no
absences exceeding 270 days.
The application must be submitted while the child is under 18. The three-year residence requirement
may be waived if the child is stateless.
If a child born outside the UK to a parent who is a British citizen by descent doesn't qualify for registration under Section 3(2), they may still be eligible under Section 3(5) of the British Nationality Act 1981. To qualify, the child and their parents must reside in the UK or a British Overseas Territory for a continuous period of three years, with no absences exceeding 270 days during that time. The application for registration under Section 3(5) is submitted using the MN1 form. Section 3(5) of the British Nationality Act 1981 states: "A person born outside the United Kingdom [and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied: (a) At the time of the person’s birth, their father or mother was a British citizen by descent; (b) The person and their parents were in the United Kingdom [or a qualifying territory] at the start of the three-year period ending with the application date, and none of them were absent from the UK [or the qualifying territories] for more than 270 days during that period; (c) Both parents have consented to the registration in the prescribed manner." If one parent has died, or the parents are legally separated or their marriage/civil partnership has ended, then only one parent's consent is required. The parent who is no longer in the picture, whether due to death or separation, is not required to meet the residence criteria. For a child to qualify under Section 3(5), they and their parents must have resided in the UK (or a British Overseas Territory if born after May 21, 2002) for the three years immediately preceding the application. They must be physically present in the UK or a British Overseas Territory at the beginning of this period. The law does not allow for any absences beyond 270 days during these three years. In cases where the parents' marriage or civil partnership has ended, or they are legally separated, the residency requirement applies to the child and only one of the parents. If one parent has passed away, only the surviving parent needs to consent to the child's registration. Once registered under this section, the child will become a British citizen otherwise than by descent, granting them the full rights of British citizenship.
Under Section 4D of the British Nationality Act 1981, a child born outside the UK or British Overseas
Territories to a parent serving in the UK armed forces may qualify for registration as a British citizen if
the following conditions are met:
1- The child was born on or after January 13, 2010.
2- The child was born outside the UK and its overseas territories.
3- Both parents must consent to the child being registered as a British citizen. If one parent has
passed away, only the consent of the surviving parent is needed.
For the purposes of registration under Section 4D, "member of the armed forces" is defined as:
4- A member of the regular forces as defined by the Armed Forces Act 2006.
5- A member of the reserve forces, as defined by the 2006 Act, who is subject to service law under
Section 367(2)(a)-(c) of the same Act.
However, certain individuals are not considered "members of the armed forces" under this definition.
These include:
6- Members of forces raised in a British Overseas Territory who are serving or training with the UK
armed forces.
7- Members of foreign armed forces who are attached to the UK armed forces, such as those from
coalition forces.
Registration under this section allows the child to acquire British citizenship, reflecting the parent's
service in the UK armed forces.
An application for a child's registration as a British citizen under Section 3(1) of the British Nationality
Act 1981 is subject to the discretion of the Secretary of State for the Home Department. This section
allows the Home Secretary to grant British citizenship to a minor if deemed appropriate. The text of
Section 3(1) states:
"If while a person is a minor an application is made for his registration as a British citizen, the Secretary
of State may, if he thinks fit, cause him to be registered as such a citizen."
The Home Secretary may use their discretion to register a child as a British citizen under Section 3(1) if:
1- The applicant is under 18 at the time of application.
2- If the applicant is 10 years or older, they must meet the "good character" requirement.
3- The Home Secretary finds it appropriate to register the child.
If the child's parent was a British citizen at the time of the child's birth, registration under Section 3(1)
grants British citizenship by descent. In all other cases, the registration confers British citizenship
otherwise than by descent.
1. Registering a Child Born Abroad to Parents Applying for British Citizenship
o If one or both parents are applying for British citizenship, they can include their child in
a "family application." The child may be registered as a British citizen if both parents are
granted or already hold British citizenship, or if one parent is a British citizen and the
other is settled in the UK.
2. Registering a Child Whose Parent or Grandparent Was in Designated or Community Institution
Service
o In cases where a child's parent or grandparent was in a service that became a
Community institution or designated service after the child's birth, the Home Office may
register the child under Section 3(1). This typically applies if the child was born before
the service designation, or if the parent became a British citizen otherwise than by
descent due to the grandparent's service.
3. Registering a Child Adopted Abroad by British Citizen Parents
o Applications can be made for children adopted under specific international agreements
or designated territories. The Home Secretary may exercise discretion to register the
child if at least one adoptive parent is a British citizen otherwise than by descent, all
adoption laws have been followed, and there are no character concerns.
4. Registering a Child Whose Parent Renounced and Later Resumed British Citizenship
o A child can be registered if their parent renounced and later resumed British citizenship,
provided the parent regained British citizenship otherwise than by descent, and the
child was born before the parent's citizenship resumption.
5. Registering Any Other Child Born to British or Non-British Parents
o The Home Secretary may also register a child not covered by the specific cases above,
considering factors such as the child’s ties to the UK, the child’s and parents' future in
the UK, the parents' nationality and immigration status, and whether the child is of good
character. Typically, the Home Office expects the child to have lived in the UK for at
least two years, particularly if the child is over 13 years old.
A child born in or outside the UK whose parents are not settled or seeking settlement may still be
registered at the Home Secretary's discretion if it is in the child's best interests to become a British
citizen.
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