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British Citizenship for Children Born in the UK to Non-British Parents
Since 1983, children born in the UK to non-British parents who did not have indefinite leave to remain at the time of birth may be eligible to register as British citizens if certain conditions are met.
ZAR Immigration can help assess eligibility and guide you through the registration process.
Registration When a Parent Becomes Settled
Under section 1(3) of the British Nationality Act 1981, a child born in the UK can be registered as a British citizen if at least one parent becomes settled. This application is not discretionary and can be made regardless of whether the child is in the UK or abroad.
No residence or absence restrictions apply.
Children over 10 must meet good character requirements.
Applications must be made before the child turns 18, with no exceptions.
Parental consent is not mandatory but usually required.
ZAR Immigration can assist with preparing and submitting your applicatio
Registration for Children Who Have Lived in the UK for the First 10 Years
Under section 1(4) of the British Nationality Act 1981, a child born in the UK to non-British parents who has lived continuously in the UK for the first 10 years of life—and has not been outside the UK for more than 90 days in any one year during that period—can be registered as a British citizen. This applies even if the parents do not have legal status in the UK.
The application can be made at any time, with no age limit.
It can be submitted from outside the UK, though proving residence may be harder.
Good character requirements apply.
Parental consent is not mandatory.
ZAR Immigration is available to guide you through this process.
Children Born Stateless in the UK
A child born stateless in the UK, who has remained stateless, can register as a British citizen after five years of residence (Schedule 2, paragraph 3.1 of the British Nationality Act).
The application can be made anytime before the child turns 22.
Absences from the UK during the five-year qualifying period must not exceed 450 days.
Good character requirements apply if the child is 10 or older at the time of application.
Evidence must be provided showing the child did not acquire any nationality at birth, confirmed by the relevant country’s authorities.
ZAR Immigration can assist with preparing and submitting your application.
Registration if a Parent Joins the Armed Forces
A child born in the UK on or after 13 January 2010 can be registered as a British citizen if one parent becomes a member of the armed forces.
The child must be under 18 at the time of application.
Good character requirements apply if the child is aged 10 or older.
ZAR Immigration can guide you through the registration process and ensure all criteria are met.
British Citizenship for Children Born Abroad to a British Citizen by Descent
A child born abroad to a British citizen by descent can be registered as a British citizen after living in the UK continuously for three years with both parents. This is under section 3(5) of the British Nationality Act 1981. Citizenship granted under this route is other than by descent.
If the child’s parents are divorced, legally separated, or if one parent has died at the time of application, the requirement for “both parents” applies to just one parent. For children of unmarried parents, it applies to the mother.
ZAR Immigration can assist you in making this registration smoothly and correctly.
Legal Requirements for Registration under Section 3(5)
The child must be under 18 years old.
The child and both parents must have been in the UK at the start of the 3-year continuous residence period before the application date.
Neither the child nor the parents should have been absent from the UK for more than 270 days during these three years.
Both parents must consent to the application, unless divorced, legally separated, or never married.
Good character is required for children over 10 years old.
ZAR Immigration is here to guide you through the application process with ease.
Evidence Required
- Child’s birth certificate with both parents’ names
Proof of parents’ British citizenship by descent
Parents’ marriage certificate (if child born before 1 July 2006) or divorce certificate if applicable
Proof of three years’ continuous residence in the UK for both parents and the child
ZAR Immigration can help you gather and prepare all necessary documents for a smooth application.
Registration of a Child Born Abroad to a British Citizen by Descent (s. 3(2) BNA 1981)
A child born abroad to a British citizen by descent can be registered as British if the parent lived in the UK for at least three years before the child’s birth.
The application must be made within 12 months of the child’s birth, though the Secretary of State may extend this up to six years in exceptional cases.
Children registered under this section gain British citizenship by descent, meaning they cannot automatically pass citizenship to their own children born abroad—unless they later live in the UK for three years before their children’s birth, applying the same rule.
This registration is less advantageous than s. 3(5), but due to the tight time frame, parents must act early.
ZAR Immigration can assist with meeting deadlines and preparing your application to secure your child’s citizenship.
Legal Requirements for Registration under s. 3(2) BNA 1981
The child must be born abroad as the first-generation British citizen by descent.
The parent must have lived continuously in the UK for at least three years before the child’s birth, with absences not exceeding 270 days during that time.
If the child is over 10 years old, they must meet the good character requirement.
ZAR Immigration can help ensure your application meets all legal criteria.
Evidence Required
Proof that the British parent is a first-generation British citizen by descent.
A letter from the child’s birth country authorities confirming the child did not acquire that country’s citizenship.
If the other parent is neither British nor a national of the child’s birth country, a letter from that country’s authorities confirming the child did not acquire their citizenship at birth.
ZAR Immigration can assist you in gathering and submitting the necessary evidence.
Children Born Outside the UK to Non-British Parents – Discretionary Registration
Usually, a child is expected to be settled in the UK and apply for registration alongside or after a parent’s naturalisation application. However, the Secretary of State has broad discretion to register any child if deemed appropriate.
The decision focuses on whether the child’s future clearly lies in the UK, if registration is in their best interests, and whether any public policy concerns exist.
This discretionary power for children is broader than that for adults applying for naturalisation. It is highly recommended parents explore this option before the child turns 18.
Given the complexity and fluidity of these rules, seeking professional advice from ZAR Immigration can significantly improve the chances of a successful application.
FAQs
How to Apply to Register Your Child as a British Citizen
Applications can be submitted online or by paper form. For online applications, supporting documents are uploaded through the government portal. Paper applications must be sent by post with all supporting documents enclosed.
For expert assistance with your child’s registration application, ZAR Immigration is here to help.
Processing Time for Registration Applications
Applications to register a child as a British citizen typically take up to six months to process. Processing times may be shorter if all required evidence is submitted clearly, and no further clarification is needed.
For a smooth and efficient application, ZAR Immigration can guide you every step of the way.
Challenging a Refusal to Register a Child as a British Citizen
There is no right of appeal against refusal of a British citizenship registration application. However, you can request a review if the decision was legally incorrect or if discretion was not properly applied.
If the review fails, the decision may be challenged through judicial review in the High Court, which is a complex process requiring professional support.
ZAR Immigration can assist you in navigating these challenges to improve your chances of success.
How Immigration Solicitors Can Help with Registering a Child as a British Citizen
Document Checking Service
For straightforward applications, you can prepare the paperwork yourself and have ZAR Immigration review your form and documents to ensure nothing is missed.
Full Representation
When registration is discretionary, it’s crucial to present a strong case. ZAR Immigration provides expert support to build a compelling application, increasing the likelihood of a successful outcome.