What are the ways children born outside the UK can acquire British citizenship? In this blog post, Waseem Nazir sets out some main routes through which children born outside the UK can obtain British citizenship.
British Citizen by Descent
If a child is born outside the UK and at the time of birth, one or both parents are British, the child should be able to inherit citizenship from the British parent. This is known as British citizenship by descent. However, if the parent themselves are British by descent, they will not be able to pass down their citizenship, as the rules only allow this to be passed down one generation.
Registration as a British citizen under section 3(5) of the British Nationality Act
Let’s say, the child’s parents are British by descent, the alternative is to consider whether the child may be entitled to register as British under section 3(5) of the British Nationality Act 1981.
It is possible for a child under the age of 18 to register as a British citizen based on section 3(5), providing that the following requirements are met:
- They were born outside of the UK
- At the time of their birth, they had a parent who was a British citizen by descent
- The child’s mother and father must have lived in the UK for three years ending on the date that the Home Office receives the application
- The child must also have lived in the UK for the same three-year period
- The child and their parents must not have been absent from the UK for more than 270 days during the three-year residence period
- The consent of both parents is given to the application
- If aged ten years or older, the child is of good character
Children born before 1 July 2006
It is important to note that if the child was born before 1st July 2006, and their parents were not married at the time, the child may only rely on their mother’s citizenship, unless their parents subsequently married.
Children born after 1 July 2006
For those children born on or after 1st July 2006, the father will be relevant to the application, regardless of whether they are or have been married to the child’s mother, so long as he satisfies the definition of father.
Registration under section 3(2) of the British Nationality Act
Under section 3(2) of the British Nationality Act, a child, under the age of 18 on the date of application, can apply for British citizenship for children, providing that the following requirements are met:
- they were born outside of the UK;
- the mother or father of the parent in question (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 parent who is British by descent must have lived in the UK for a continuous period of three years at any time before the child’s birth;
- during the three years, the parent must not have absences from the UK exceeding 270 days; and
- if aged ten years or older, the child is of good character.
Unlike the requirement under section 3(5), the three-year period of residence relevant for this section does not have to be that leading up to the date of submission, therefore families who no longer live in the UK can still consider this option.
If a child has an entitlement under section 3(2), they will obtain British citizenship by descent. Therefore, if a child meets the requirements under sections 3(5) and 3(2), it may be preferable to apply under section 3(5) as you would obtain British citizenship otherwise than by descent.
Discretionary applications under section 3(1) British Nationality Act
If a child does not have an entitlement to register as a British citizen based on either section 3(5) or 3(2) as above, a discretionary application may be made under section 3(1). A child under the age of 18 may be registered if the following requirements are met:
- If aged ten years or older, the child is of good character; and
- The Home Secretary considers registration to be appropriate.
This leaves the Home Secretary wide scope for discretion and, as such, each case will be assessed on its merits and all relevant factors will be considered.
The Home Office’s position is that a child will only be registered under this route when it is in the child’s best interests to be so, and they have a strong connection with the UK. The following factors will be taken into account:
- the child’s future intentions;
- the child’s parents’ circumstances;
- residence in the UK;
- the child’s immigration status; and
- any compelling compassionate circumstances raised as part of the application.
Therefore, if you are planning to make a Discretionary application for British Citizenship for children, you must provide a full picture of the child’s circumstances (backed up by documentary evidence) and explain any detriment the child will suffer if not granted British Citizenship.
How long will my British Citizenship application take?
On average decisions are made in around 6-12 weeks. However, the time can vary and depends on several factors.
What happens if my British Citizenship application is refused?
If your application for British Citizenship is rejected, it is important to consider in detail the reasons provided by the Home Office for doing so. An application may be refused if an applicant has not provided all the required documents, or if an applicant does not meet the residency requirements.
There is no right of appeal against a refusal in this case. However, this does not mean that nothing can be done. You have the right to request an administrative review, and if that doesn’t work, there is the option of judicial review. Book a call with Batley Law and we can help you through the whole process.
FAQs
Can children born outside the UK claim British citizenship?
Yes, they can. If the child is born to British parents, citizenship is automatically passed down one generation, even if they were born outside the UK. Whereas, if the parents are British citizens by descent or non-British citizens then they need to apply for British citizenship for their child.
How can I apply for British citizenship for my child born outside the UK?
Parents can apply for their child’s British citizenship using the application form MN1 available on the Government of UK official website.
Are there any age restrictions for children applying for British citizenship?
You can register for your child’s British citizenship before their 18th birthday.
How long does it take to get British citizenship for a child born outside the UK?
Children born outside the UK to non-British or British by-descent parents may have to wait several months to over 6 months to obtain British citizenship.
What is the difference between British citizenship by descent and British citizenship by birth abroad?
British citizenship by birth abroad refers to a child born outside the UK to at least one parent who is a British citizen otherwise than by descent (acquired by birth, adoption, registration, or naturalisation). The citizenship is automatically transmitted to the child.
A person acquires British citizenship by descent if they obtain citizenship through their parent who is a British citizen by birth, adoption, registration, or naturalisation. Unlike British citizenship by birth abroad, British citizenship by descent can typically only be transmitted to one generation born abroad. Therefore, children born outside the UK to British parents who are citizens by descent may not automatically receive British citizenship. They might need to be registered as British citizens under certain circumstances.
What should I do if my child’s British citizenship application is denied?
You can request the Home Office to reconsider its decision to refuse a British citizenship application if you feel there was a discrepancy in their assessment. If they find adequate grounds to reconsider the application, it may lead to a different decision.
