Registration as British citizen: children - GOV.UK

1 Page 1 of 41 Published for Home Office staff on 09 August 2021 Registration as British citizen: children Version Page 2 of 41 Published for Home Office staff on 09 August 2021 Contents Contents .. 2 About this guidance .. 5 Contacts .. 5 Publication .. 5 Changes from last version of this guidance .. 5 How to consider Registration of minors by entitlement and discretion .. 6 Checking for possible entitlement to Registration .. 6 Evidence to be supplied .. 7 Safeguarding .. 7 children born in the UK .. 8 Requirements for Registration under section 1(3) .. 8 Evidence required under section 1(3) .. 8 Requirements for Registration under section 1(3A).

2 8 Evidence required under section 1(3A) .. 9 Requirements for Registration under section 1(4) .. 9 Evidence required under section 1(4) .. 9 Parental consent for applications under 1(3), 1(3A) and 1(4) .. 10 Discretion to allow excess absences in the first 10 years of a child s life .. 10 Checking for entitlement under paragraph 3 of schedule 2 .. 10 Parent applying for citizenship .. 11 Parent applying for indefinite leave to remain or confirmation of permanent residence .. 11 Parent applying to join the armed forces .. 11 Oath and pledge .. 11 children born outside the UK .. 12 The law in relation to section 3(5) .. 12 Evidence required under section 3(5).

3 12 Parental consent for applications under 3(5) .. 13 The law in relation to section 3(2) .. 13 Documentary evidence required under section 3(2).. 14 Parental consent for applications under 3(2) .. 14 Checking for entitlement under paragraph 4 schedule 2 .. 15 Discretionary applications under section 3(1) .. 16 The law in relation to section 3(1) .. 16 Page 3 of 41 Published for Home Office staff on 09 August 2021 British parent in service which becomes designated or community institution service .. 17 Documentary evidence to be supplied .. 17 children born to a parent who has renounced and subsequently resumed British citizenship.

4 18 Documentary evidence to be supplied .. 18 children born to a parent registered under section 4C, 4G, 4H, 4I of the British Nationality Act 1981 .. 18 Documentary evidence to be supplied .. 19 children adopted by British citizens .. 19 overseas adoptions recognised by UK law .. 19 children brought to the UK with a view to adoption in the UK .. 20 Adoption in the UK and qualifying territories .. 20 Evidence to be supplied in adoption cases .. 21 children of unmarried British citizen or settled fathers .. 23 children born before 1 July 2006 .. 23 children born on or after 1 July 2006 .. 23 How to decide the paternity of the child .. 24 Evidence to be supplied.

5 25 children born to surrogate mothers .. 25 Where a man is the biological father of the child .. 25 Where a man is not the biological father of the child and cannot meet the definition of father in the BNA 1981 .. 26 Where a woman (whether the child s biological mother or not) falls outside the definition of mother in the BNA 1981 .. 26 children born to a woman who is the civil partner of a British citizen .. 27 Other applications under section 3(1) .. 27 Child s future intentions .. 28 Child s parents circumstances .. 29 Residence in the UK .. 29 children under 13 .. 30 children aged 13 or over .. 30 Child s immigration status .. 30 Compelling circumstances.

6 31 Evidence to be supplied .. 31 Section 55 and Article 8 considerations .. 32 Section 55 .. 32 Article 8 .. 33 Page 4 of 41 Published for Home Office staff on 09 August 2021 Character .. 33 Refusing section 3(1) applications .. 33 Parental arrangements .. 34 Parental consent .. 34 Applications made by people other than parents .. 34 Guardianship orders .. 34 Special guardianship orders .. 35 Registration of children by those sharing parental responsibility with the parents 36 Parental responsibility orders .. 36 children in 37 Application made by the parents .. 37 Applications made by the local authority .. 37 Applications made by children themselves.

7 37 The child s 38 The parent s consent .. 38 Steps to be taken to obtain the other parent's views .. 39 Dispensing with the other parent's views .. 40 What to do if the other parent objects to Registration .. 40 Minors who are married or in a civil partnership .. 41 Page 5 of 41 Published for Home Office staff on 09 August 2021 About this guidance This guidance tells nationality caseworkers about the Registration of minors as a British citizen by entitlement and discretion. The British Nationality Act 1981 contains provision for children to be registered as a British citizen. The different sections of the act are: sections 1(3), 1(3A) and 1(4) provide Registration by entitlement of people born in the UK after 1 January 1983 section 1(4) provides an entitlement provision for either a child or an adult sections 3(2) and 3(5) provide Registration by entitlement of minors born outside the UK and qualifying territories to British citizens by descent section 3(1) provides a discretionary provision for Registration as a minor Applicants or their parents will not necessarily know what section of the act they are applying under.

8 You must therefore consider which section a child has an entitlement to Registration under. This guidance is structured in an order to assist in the process of considering an applicant under the relevant provisions. Contacts If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Nationality Policy team. If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team. Publication Below is information on when this version of the guidance was published: version published for Home Office staff on 09 August 2021 Changes from last version of this guidance Amended the section of Child s Immigration Status, to remove the statement that citizenship does not give any additional benefits than ILR.

9 Related content Contents Page 6 of 41 Published for Home Office staff on 09 August 2021 How to consider Registration of minors by entitlement and discretion Before considering Registration you must check whether the child is already a British citizen. The minor may already be a British citizen without the parents realising it, in which case there is no need to register. If the applicant is not already a British citizen, you must consider whether: the child has an entitlement to Registration through birth the child meets the normal criteria for Registration at discretion the case is exceptionally compelling or compassionate Checking for possible entitlement to Registration The British Nationality Act 1981 contains a number of provisions which give minors in certain circumstances an entitlement to Registration as British citizens.

10 They are: section1(3) for UK born minors whose parent has become a British citizen settled here or in the armed forces section 1(4) for UK born minors with residence in the UK from birth to age 10 section 3(2) born to British citizens outside the UK section 3(5) born to British citizens outside the UK where the family have lived in the UK for 3 years section 4(2) or section 4B for people who already have some form of British nationality, including: o British overseas territories citizen o British overseas citizen o British national overseas o British subjects o British protected persons section 4D born outside the UK to a parent serving in the armed forces section 4F born before 1 July 2006 and would have an entitlement to Registration had the child s mother been married to their natural father section 4G born between 1 January 1983 and 30 June 2006 and would have become a British citizen automatically had the child s mother been married to their natural father section 5 UK nationals for European Union treaty purposes schedule 2 paragraphs 3.