British Reg For Minors

• Guidance on the Registration of Minors as British Citizens
•  Applicable Sections of the British Nationality Act 1981
•  Eligibility Criteria
• Table 1: Summary of Entitlement Provisions
• Evidence Required for Applications
• Parental Consent
• Discretionary Registration Under Section 3(1)
• Evidence to Be Supplied for Discretionary Applications
• Special Considerations
• FAQs
• Contact Shams Britvisa Lawyers Ltd

Guidance on the Registration of Minors as British Citizens Condensed by Shams Britvisa Lawyers Ltd

This document provides guidance for nationality caseworkers on registering minors as British citizens under the British Nationality Act 1981. Children may be registered either by entitlement or at the discretion of the Home Secretary under specific provisions of the Act. The process and applicable sections are detailed below.

Applicable Sections of the British Nationality Act 1981

The following sections outline eligibility for the registration of minors as British citizens:

• Section 1(3), 1(3A), 1(4): Children born in the UK after 1 January 1983.
• Section 3(2), 3(5): Children born outside the UK to British citizens by descent.
• Section 3(1): Discretionary registration of minors under specific conditions.

Caseworkers must assess the child’s entitlement based on the relevant provisions of the British Nationality Act.

Eligibility Criteria

Children or their parents may not be aware of the specific section they are applying under. Caseworkers must, therefore, evaluate the application to determine the correct provision for registration. The criteria vary based on whether the registration is by entitlement or at the Home Secretary’s discretion.

Table 1: Summary of Entitlement Provisions

Section	Eligibility Criteria
1(3)	UK-born minors whose parent becomes a British citizen or settled.
1(3A)	Children born in the UK, whose parent later joins the UK armed forces.
1(4)	UK-born children who have lived in the UK for 10 years or more.
3(2)	Children born to British citizens outside the UK.
3(5)	Children born to British citizens abroad, with residence in the UK for three years.

Evidence Required for Applications

When applying for registration, specific documents must be submitted to establish eligibility. These typically include:

• Proof of identity: Passport, biometric residence permit, or birth certificate.
• Proof of parent’s British citizenship or settled status: Naturalisation or registration certificates, and evidence of residence (e.g., utility bills, school records).

Parental Consent

While parental consent is typically required, the absence of consent for minors with entitlement under sections 1(3), 1(3A), and 1(4) is not a reason for refusal. However, good practice is to seek consent from all those with parental responsibility.

Discretionary Registration Under Section 3(1)

The Home Secretary has discretion under section 3(1) to register minors as British citizens. In such cases, caseworkers must evaluate the child’s circumstances based on several factors:

• The child’s future intentions (e.g., whether the child intends to reside in the UK).
• Parental status (whether the parents are settled or have British citizenship).
• Residence history and connections to the UK.

Note: Registration under section 3(1) provides British citizenship by descent if the parent is a British citizen at the time of the child’s birth.

Evidence to Be Supplied for Discretionary Applications

Document Type	Purpose
Birth certificate	To establish identity and parental connection.
Passport	To prove UK residence and absences.
Parental documents	Citizenship or settled status verification.

Special Considerations

There are exceptional circumstances where children may be registered, even if they do not meet all the usual criteria. These include:

• Children who have lived in the UK for over 10 years.
• Children with compelling compassionate reasons.
• Children whose parents are awaiting citizenship or settled status.