apply to register your child as a British Citizen using the MN1 application form if they are under 18 years old. This process is governed by the British Nationality Act 1981, and it's applicable whether you are applying from within the UK or abroad. The MN1 form is commonly used for most child registration applications. Gaining British citizenship is a crucial milestone, granting your child the right to apply for a British passport and enabling them to fully participate in their community as they grow. Children under 18 can apply to the Home Office for British citizenship under various sections of the British Nationality Act 1981. If the child is 10 years or older, they must meet the "good character" requirement. Applications must be submitted before the child turns 18; otherwise, they must apply as adults either through registration or naturalization. The application date is marked by when the Home Office or the relevant authority receives it. Children who automatically acquire British citizenship do not need to go through the registration process. In such cases, they can directly apply for a British passport. Our team of expert nationality law solicitors is available to provide professional advice and assistance with your child's British citizenship registration. You can ask our specialists questions for free or schedule an appointment for in-depth guidance.

Registering a Child Born in the UK When a Parent Gains ILR or Becomes a British Citizen - Section 1(3) Application

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."

Appropriate Work Experience

Registering a Child Born in the UK When a Parent Joins the Armed Forces - Section 1(3A) Application

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."

Age

Registering a Child Born Abroad to a British Citizen by Descent - Section 3(2) Application

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.

Registering a Child Born Abroad to a British Citizen by Descent - Section 3(5) Application

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.

Registering a Child Born Abroad to a Parent in the UK Armed Forces - Section 4D Application

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.

Registering a Child at the Discretion of the Secretary of State - Section 3(1) Applications

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.

Specific Cases for Section 3(1) Registration

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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