Securing Their Future.

Children do not always become British automatically. Whether born in the UK or abroad, we identify the correct section of the British Nationality Act 1981 to register them as citizens.

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Born in the UK (The Entitlement Routes)

  • Section 1(3) - The "Settled Parent" Rule

    Your child was born in the UK, but you (the parents) were not settled at the time.

    Once either parent obtains Indefinite Leave to Remain (ILR) or Permanent Residence, the child is entitled to register as British.

    Grant is 'Otherwise than by Descent' (The Gold Standard). They can pass citizenship to their own children born abroad.

  • Section 1(4) - The "10-Year" Rule

    Your child was born in the UK, but neither parent ever became settled.

    If the child lives in the UK continuously for the first 10 years of their life (with limited absences), they are entitled to register as British regardless of the parents' status.

    Grant is 'Otherwise than by Descent'.

The "Grandparent" & "Residence" Routes.

  • Section 3(2) (Grandparent Route)

    Your parent (the child's grandparent) was British "Otherwise than by Descent" (e.g., born in UK).

    Can apply from anywhere (Overseas or UK).

    Child becomes British by Descent. (Cannot pass it on).

    Use this if you have no plans to return to the UK.

  • Section 3(5) (3-Year Residence)

    You and the child have lived in the UK for 3 years prior to the application.

    Family must be physically resident in the UK.

    Child becomes British OTHERWISE than by Descent. (Can pass it on).

    Use this if you are moving back, to secure superior status for the child.

Section 3(1) - The "Catch-All".

If your child does not fit into the boxes above, the Home Secretary has a broad discretion under Section 3(1) to register any child as British.

When we use this:

  • Adopted Children: Who do not meet the Hague Convention automatic rules.

  • Future Focus: Children born abroad to parents who are now settled and permanently living in the UK.

The Test: We must prove the child's future clearly lies in the UK and that their 'best interests' (Section 55) are served by citizenship.

The "Referees" Requirement

  • The Professional Referee

    Must be a professional of any nationality (e.g., Accountant, Director, Solicitor).

  • The British Referee

    Must be a British Citizen (aged 25+) or a professional.

  • The Connection

    Both must have known you personally for 3 years. They cannot be related to you or each other.

The "10th Birthday" Threshold.

 

Crucial Warning: Once a child turns 10 years old, they are subject to the 'Good Character' requirement—just like an adult.

The Risk: A police caution, a minor offence, or even questions about the parents' immigration history can lead to refusal. The Strategy: Where possible, we accelerate applications to submit before the 10th birthday to bypass this check entirely.

Child Registration FAQs

  • Yes. For discretionary applications (Section 3(1)), the Home Office generally expects both parents to consent. If one parent is absent or refuses, we must argue why registration is still in the child's best interests.

  • The UK permits dual nationality. However, you must check if your home country allows it (e.g., India, China, Japan do not). Registering as British might automatically annul their current passport.

  • Only if the child is already British automatically (e.g., born in UK to settled parent). If they are eligible under Section 1(3), 3(2), or 3(5), you must register them and get a certificate first. A passport application will be refused without it.

  • Likely not. Anyone born in the UK before 1 Jan 1983 is almost certainly British automatically. We would run a Status Trace instead of a Registration application.

Do You Meet the Requirements?

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