How Can a Child Register as a British Citizen?

– A guide for parents and guardians navigating the UK nationality process

Children under the age of 18 who are not already British citizens may be eligible to register as British citizens under the British Nationality Act 1981. This process is distinct from naturalisation, which applies to adults, and offers both entitlement-based and discretionary routes for children to acquire British citizenship.

We have summarised the different ways your child can register as a British citizen below:

Registration by Entitlement (Automatic Rights)

Some children have a legal right to register as British citizens if specific requirements are met. These applications must be approved if the criteria are satisfied.

Section 1(3) – UK-born child with a parent who becomes settled or British

A child is eligible if they:

• Were born in the UK
• Were not British at birth due to parents not being settled/British
• Have a parent who became settled or a British citizen after their birth

Section 1(3A) – UK-born child of a parent joining the Armed Forces

Applicable to children:

• Born in the UK on or after 13 January 2010
• Whose parent becomes a member of the UK Armed Forces while the child is under 18

Section 1(4) – UK-born child living 10 years in the UK

A child qualifies if:

• Born in the UK
• Lived in the UK continuously for the first 10 years of life
• Has not been absent more than 90 days in any 12-month period

Section 3(2) – Child born abroad to a British citizen by descent

A child qualifies if:

• Born abroad
• Parent is a British citizen by descent
• One grandparent became or would have become a British citizen otherwise than by descent either:
  • on 1 January 1983
  • at the time of the parent’s birth
• The parent lived in the UK for at least 3 years before the child’s birth and wasn’t absent for more than 270 days

Section 3(5) – Child born abroad, living with British parent in the UK

Eligible if:

• Both parents* and child lived in the UK for 3 years prior to application
• They were not absent for more than 270 days
• Parental consent is provided

*Where British parent is sole surviving parent or parent with sole responsibility, only that parent needs to meet the residence requirement and provide parental consent.

Section 4D – Child born abroad to a parent in Armed Forces overseas

Applies to:

• Children born on/after 13 January 2010
• Parent was in Armed Forces and serving outside the UK at the time

Discretionary Registration under Section 3(1)

Where a child does not qualify for automatic registration, the Home Secretary has discretion to grant citizenship under section 3(1). Each case is assessed individually, with consideration of:

• Child’s UK residence
• Parents’ immigration status
• Best interests of the child
• Compelling or compassionate grounds

Common scenarios include:

• Children with long residence in the UK
• Children whose parents are settled or British
• Children who have integrated into UK life and schooling

Children with settlement and long residence

Normally, discretion will be exercised favourably if:

• The child has over 5 years’ lawful residence and 12 months of settled status
• Both parents are settled
• The child is of good character (if over 10)

Children resident in the UK for more than 10 years

More likely to be registered if:

• They are here lawfully
• The parents have regularised status
• There is strong evidence of connection to the UK

Expectations if fewer than 10 years’ residence

Applications may still be considered if the child shows strong ties to the UK and their best interests lie in remaining.

Special Cases

Children of parents in designated or community institution service

Discretion may be exercised for children whose British parent was in overseas service when the child was born.

Children whose parents renounced and resumed citizenship

The child may qualify if their parent resumed citizenship, and the child would have qualified under section 3(2) or 3(5).

Children of parents registered under section 4C, 4G, 4H, 4I or 4L

Children may qualify if they were born before their parent was registered under these historical sections and would otherwise have a right under section 3(2) or 3(5).

Children adopted by British citizens

Recognition depends on:

• Whether the adoption is recognised by UK law
• Whether the adoptive parent is a British citizen otherwise than by descent

Children of unmarried fathers

Children born before 1 July 2006 to unmarried fathers may qualify under sections 4F to 4I. Where those sections don’t apply, section 3(1) may be used.

Surrogacy and parental responsibility

Children born via surrogacy may be registered if:

• Parental responsibility is legally recognised
• The biological parent is a British citizen
• The child would otherwise qualify under sections 1(3), 3(2), or 3(5)

Registering Exceptionally under Section 3(1)

Where a child does not meet normal requirements, the Home Office may still exercise discretion in:

• Long-term UK residence and integration
• Unlawful status due to no fault of the child
• Strong compassionate or humanitarian grounds

Each application must consider:

• Child’s future intentions and best interests
• Parents’ immigration and legal status
• Duration and lawfulness of residence in the UK
• Character and parental responsibility

To conclude: The nationality process for children is complex, with various statutory entitlements and discretionary options. Each case requires careful consideration and strong supporting evidence. British citizenship offers long-term security, a sense of identity, and practical rights for children growing up in the UK.

If you’re unsure which route applies to your child, or need help building a compelling application, Sincere Immigration is here to support you.

Book your free 30-minute consultation today and let one of our expert Immigration lawyers help you decide the best route for your child!