If I do not want to naturalise as a British citizen, can my children become British citizens?

Becoming a British citizen has many benefits and privileges.

However, for nationals of countries that do not permit dual citizenship, such as Saudi Arabia, Malaysia, Singapore and India, the decision to become a British citizen can be a difficult one to make, especially for individuals who have family or business interests in their country of nationality.

Each country has their own nationality laws, we, therefore, always encourage our clients to seek legal advice on the nationality laws of their country before making the decision to obtain British citizenship. At Gherson, we can only advise on British nationality laws.

What are the options for children if their parents choose not to apply for British citizenship?

Some parents may choose not to apply for British citizenship for themselves, but would like their children to obtain British citizenship after the family is granted indefinite leave to remain (“ILR”) or settled status in the UK.

As an adult, you may be eligible to naturalise as a British citizen under Section 6(1) of the British Nationality Act of 1981, provided the requirements relating to residence, good character and knowledge of the English language and Life in the UK are met. The same does not apply to those under the age of 18.

If your child was born in the UK, depending on when they were born, they may already be British citizens or may be eligible to register as a British citizen.

If your child was not born in the UK and is nearing the age of 18, you may wish to consider waiting until they turn 18 (subject to your children meeting the other requirements) in order for them to be able to apply under Section 6(1) in their own right.

However, if your child was not born in the UK and is very young, your only option may be to submit a discretionary application to register your child as a British citizen under Section 3(1) of the British Nationality Act of 1981.

Under Section 3(1), the Home Office may choose to exercise discretion in registering a child under 18 as a British citizen if they see “fit”. The Home Office will consider factors such as at the child’s future intentions, whether it is in the child’s best interests to be registered as a British citizen, whether the child has a strong connection in the UK, and the child’s parents’ circumstances.

This application is unlikely to succeed if one or more of the child’s parents are not applying to naturalise as British citizens at the same time as the child’s registration application (if they do not already hold British citizenship), unless:

• where the child is 16 or above, the child has spent most of their life in the UK (i.e. at least 10 years of residence in the UK) or requires British citizenship to follow a particular career, such as in the UK armed forces;
• the child’s future clearly lies in the UK;
• the person making the application has day-to-day responsibility for the child’s upbringing (i.e. the child’s guardian) and is or is about to become a British citizen.

How Gherson can help

British nationality law is a complex area of law. Gherson has extensive experience in complex nationality matters. If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

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 don’t 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.

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