The three most common provisions under which children can be registered as British citizens are sections 1(3), 3(1) and 3(2) of the British Nationality Act 1981.
Section 1(3) registration
This will apply to those who are under the age of 18 and were born in the UK. Under section 1(3) of the Act, you can apply to register your child once either you or the child’s other parent has been granted indefinite leave to remain in the UK.
Section 3(1) registration
This will apply to those who are under the age of 18 and were born outside of the UK. Under section 3(1) of the Act, you can apply to register your child at such time that either you and/or the child’s other parent are applying for naturalisation as a British citizen.
Section 3(2) registration
This will apply to those who are under the age of 18 and were born outside of the UK. Under section 3(2) of the Act, you can apply to register your child where:
- You or the child’s other parent were a British citizen by descent at the time of your child’s birth;
- That parent had at least one parent who was a British citizen otherwise than by descent at the time of their birth;
- That parent lived in the UK for some period of at least 3 continuous years prior to the child’s birth; and
- During that 3-year period, that parent’s absences from the UK did not exceed a total of 270 days.
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.