Registering a Child at Discretion of the Secretary of State - Section 3(1) Application

An application for registration under Section 3(1) of the British Nationality Act 1981 is granted on the basis of the discretion of the Secretary of State for the Home Department (SSHD). Section 3(1) of the British Nationality Act 1981 provides as follows:

"If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen."

The Home Secretary may exercise their discretion to register people as British citizens under section 3(1) of the British Nationality Act 1981 if:

• the applicant is under 18 at the date of the application.
• if aged 10 years or over on the date of application, the applicant is of good character.
• they think fit to register them.
  

Registration under section 3(1) will give British citizenship by descent if the father or the mother was a British citizen at the time of the child’s birth. In all other cases, registration gives British citizenship otherwise than by descent.

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Our specialist team of immigration solicitors can provide one-off, 5-minute free immigration advice online regarding your child's application for registration as a British citizen. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our immigration solicitors to register your child as a British Citizen. 

Discretionary applications under section 3(1) of the BNA 1981

Registering a child as a British citizen under Section 3(1) of the British Nationality Act 1981 is a discretionary application made to the Home Office. This route is commonly used where a child does not automatically qualify for British citizenship but has compelling circumstances that justify registration.

At Premium Solicitors, our specialist immigration solicitors provide expert advice and full legal representation for Section 3(1) child registration applications, ensuring the strongest possible case is presented to the Home Office.

Type of Citizenship Granted Under Section 3(1)

Registration under section 3(1) will give British citizenship by descent if the father or the mother was a British citizen at the time of the child’s birth. In all other cases, registration gives British citizenship otherwise than by descent.

For the purpose of whether the child is a British citizen by descent:

• the father or mother does not include an adoptive father or mother
• father includes the father of a child whose parents were not married if:
  • the child was born on or after 1 July 2006
  • the mother was not married to another man at the time of the birth
  • the natural father satisfies the prescribed requirements as to proof of paternity

Children registered under section 3(1) will therefore be British citizens otherwise than by descent if they were adopted by British citizens.

Scenarios for Grant of Applications to Register Children as British Citizens Under Section 3(1)

The following are the circumstances in which it will normally be appropriate for the Home Office UKVI to exercise discretion to register a child as a British Citizen under Section 3(1) of the BNA 1981. In all other cases, you must consider whether there are grounds to register exceptionally.

Children Applying in Line With Their Parents

A number of children apply for registration under section 3(1) at the same time as their parents apply for naturalisation. Such children must normally have been living in the UK with their parents and would have completed a period of lawful residence.

According to the UKVI guidance, the Home Office must normally register a child under Section 3(1) of the BNA 1981, where:

• one parent is a British citizen or about to become one through registration or naturalisation
• the other parent (if involved in the child’s life) is a British citizen or settled (see automatic acquisition guidance) in the UK
• the child has been resident in the UK for the last 2 years, unless the child is under the age of 2
• the child is settled in the UK
• where necessary both parents consent to the registration or any objections by the non-applying parent are ill-founded
• there is no reason to refuse on character grounds

Children With Settlement and Residence

Some parents may be settled and established in the UK but choose not to become British citizens for valid reasons, such as their own country’s attitude to dual nationality, or to avoid losing rights in their own country. In such cases, the UKVI recognises that their child living in the UK may have nevertheless built up their own connections and still feel a sense of belonging and a strong connection with the UK. 

According to the UKVI guidance, the UKVI must normally register a child as a British Citizen under Section 3(1) of the BNA 1981, where:

• the child has completed a period of lawful residence in the UK of more than 5 years
• the child has been granted settled status in the UK, and held that status for at least 12 months. If an earlier application is made, the UKVI will consider whether there are compelling grounds to overlook this expectation, taking into account the reasons for exercising discretion over time spent in the UK.
• the child’s parents have completed a period of 5 years’ residence and are settled in the UK
• the child is of good character
• where necessary, both parents consent to the registration, or any objections by the non-applying parent are ill-founded
• there is no reason to refuse on character grounds

Children Who Have Lived in the UK for More Than 10 Years

If a child has lived in the UK for more than 10 years, the UKVI will normally register the child if the expectations below about lawful residence and parents’ status are met, in addition to the good character requirement. 10 years is the length of time required for a child born here to have lived in the UK to have an entitlement to register under section 1(4) of the British Nationality Act 1981. As such, 10 years constitutes a significant period of residence for a child to demonstrate a strong connection with the UK. If a child has fewer than 10 years’ residence in the UK, the UKVI will consider them under the criteria for registering as an exception.

The UKVI will normally register a child as a British Citizen under Section 3(1) of the BNA 1981, if a child has lived in the UK for more than 10 years and:

• the child is in the UK lawfully
• the parents have regularised their own status
• where necessary, both parents consent to the registration or any objections by the non-applying parent are ill-founded
• there is no reason to refuse on character grounds

However, each case will be considered on its own merits, weighing up arguments made about the individual child’s best interests, and taking into account the normal expectations below.

Where a child has been in the UK for fewer than 10 years, it may nevertheless still be appropriate to register. 

Compliance with immigration law – child who has lived in the UK for 10 years:  The UKVI would normally expect the child to be lawfully in the UK. To grant citizenship to a child who is in the UK unlawfully could potentially undermine the immigration system, as it could be viewed as rewarding or incentivising non-compliance. However, there may be cases where the unlawfulness was beyond the child’s control.

If the child is not in the UK lawfully, the UKVI will consider whether there are exceptional reasons to grant, in which the reasons put forward for granting citizenship outweigh the need to promote compliance with the immigration law. In considering this, the UKVI will take into account the age of the child, the connections they have established with the UK, their length of residence, and their particular circumstances. For example, it may be appropriate to register an older minor who has lived in the UK since they were a baby, has completed all their schooling in the UK and has demonstrated very strong personal connections with the UK through relationships and involvement in community groups.

For younger children (who are not in local authority care) who are in the UK unlawfully, the UKVI will not normally grant the application, unless there are exceptionally compelling grounds that justify moving the child from being here unlawfully to becoming a British citizen. Such younger children are not usually at a critical point in their lives where they might lose out on opportunities.

Parents’ status - child who has lived in the UK for 10 years: The UKVI would normally expect the child’s parents to be in the UK lawfully, as this means that the family’s future is likely to be in the UK.

It may be argued that for a child who has lived most of their life in the UK and formed connections in the UK, it is in their best interests to secure their status. However, this is more apparent for older minors who have formed their own independent connections (which they would expect to continue were the parents to leave the UK). A younger child’s future, however, will normally follow that of the parents, and so their future intentions may not clearly lie in the UK. The best interests of a younger child could be to follow their parents’ residence and status.

In the case of an older teenager, the UKVI will therefore consider whether the arguments put forward about the child’s interests and strength of connection outweigh the fact that their parents are not in the UK lawfully. If so, and the other expectations are met, the UKVI may grant the application.

For younger children, if the parent’s status in the UK is precarious (for example, if they are here unlawfully, or are subject to removal action), the child’s future may not lie in the UK. The UKVI will weigh up whether the child’s circumstances are such that there are significant grounds to register, which outweigh the fact that their future may not be in the UK.

Registering a Child Whose Parent or Grandfather is/was in Designated or Community Institution Service - Section 3(1) Application

There are instances in which a child’s parent or grandparent was or is in service, and the service became a community institution or designated service after the child’s birth. This means that the child did not acquire citizenship automatically, whereas any children born after the designation or admission of the service would. In view of this, the Home Office, UKVI would normally register such a child as a British Citizen under Section 3(1) if either:

• the child was born before the date of designation/admission
• the child’s parent became (or would, but for their death, have become) a British citizen otherwise than by descent on the date of designation as a result of the grandfather’s service
• the child’s parent is a British citizen by descent and was in designated service on the date of application, and in the same service at the time of the birth; and
• the normal section 3(1) criteria relating to consent and good character are met.

Registering a Child Adopted Abroad by British Citizen Parents - Section 3(1) Application

Applications for registration of children adopted either:

• under the terms of the Hague Convention on Intercountry Adoptions
• before 3 January 2014 in territories designated under the Adoption (Designation of Overseas Adoptions) Order 1973
• after 3 January 2014 in territories listed in the Adoption (Recognition of Overseas Adoptions) Order 2013 or the Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013 and the Adoption (Recognition of Overseas Adoptions) (Scotland) Amendment Regulations 2013

will be considered at the Home Secretary’s discretion if:

• at least one of the adoptive parents is a British citizen otherwise than by descent
• if necessary, both adoptive parents have signified their consent to the registration
• there is no reason to refuse on character grounds
• Secretary of State is satisfied that all relevant adoption laws have been adhered to. This includes the laws of the country in which the adoption has taken place, the country of origin of the child and the country in which the adoptive parents are habitually resident
• Secretary of State is satisfied the adoption is not one of convenience arranged to facilitate the child’s admission to the United Kingdom.

If some or all of the criteria set out above are not met, the application will be considered on its merits and the child registered as a British Citizen if registration is demonstrably in the child’s best interest. Even where the criteria above are met, there may be reason why the child should not be registered, such as the existence of serious doubts about an adoptive parent’s character or suitability to adopt a child, or irregularities in the adoption procedure.

Applications for registration of children who were adopted abroad in other circumstances will normally be refused. However, all applications will be considered on their merits, and the child may be registered as a British citizen if it is demonstrably in the child’s best interest. In such cases we would expect confirmation that nothing adverse is known about the child or the parents.

Registering a Child Who Parent(s) Had Renounced and Subsequently Resumed British Citizenship - Section 3(1) Application

An application for registration of a child under Section 3(1) of the British Nationality Act 1981 can be made to the Home Office UKVi if:

• the mother or father has renounced and subsequently resumed British citizenship
• that parent became a British citizen otherwise than by descent on resumption
• the child was born before the date of resumption
• both parents give their consent to registration (unless good reasons are provided).

Registering any Other Child Born to British or Non-British Parents - Section 3(1) Application

It is not possible to cover all circumstances under which the Home Secretary might exercise discretion in circumstances not already described above. However, in considering any application not specifically covered above, consideration will be given by the Home Office UKVI to:

• the child’s connections with the UK – Home Office UKVI would expect the child to be free of any restrictions on their stay in the UK
• where the child’s future is likely to lie
• the parents’ views
• the parents’ nationality and immigration status – Home Office UKVI expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK
• whether the child is of good character
• the length of time the child has lived in the UK – Home Office UKVI expect at least 2 years residence (particularly if the child is over the age of 13)
• any compelling circumstances

A child born in the UK or outside the UK whose parents are not settled in the UK and who are not applying for settlement or British citizenship may also be registered at the discretion of the Home Secretary. Discretion would normally be exercised where it is considered to be in the child's best interests to be granted British Citizenship.

How Can We Help?

Our expert team of nationality law solicitors in London and Birmingham can represent you in your child's application for registration as a British Citizen and carry out all the work on your British Citizenship application until a decision on your application is received from the Home Office UKVI. As part of our professional legal services concerning your application for registration as a British Citizen, our specialist team of immigration solicitors will carry out the following immigration casework:

• We will assess your eligibility for registration as a British Citizen by considering all the relevant information, including your past immigration history.
• We will advise you on the chances of success for your application for registration as a British Citizen and draw your attention to any weaknesses in your application.
• We will advise you on the list of documents to be submitted in support of your application for registration as a British Citizen.
• We will assess all the supporting documents to ensure that the documents you provide satisfy the Home Office UKVI requirements for registration as a British Citizen.
• We will complete the relevant application form online for your registration as a British citizen, submit it, help you pay the Home Office UKVI fee for the application, and schedule your appointment at the application centre for biometric enrolment.
• We will prepare a detailed cover letter in support of the application explaining in detail your eligibility for registration as a British Citizen by referring to all the relevant information, documents, laws and requirements;
• We will upload all supporting documents online for consideration in support of your application, including our cover letter.
• We will carry out all the work on your application for registration as a British Citizen until a decision is received from the Home Office UKVI on your application.

Specialist Immigration Solicitors for Registering Children as British Citizens

Our immigration solicitors are specialists in applications to register children under 18 as British citizens. As one of the best immigration solicitors for British citizenship applications, we have an excellent track record of helping clients successfully with their children's applications for registering as British citizens. Our highly experienced, fully qualified immigration solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and representation for your child's British citizenship application. 

The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients. Our London-based immigration solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of British citizenship applications. Our team of highly regarded immigration solicitors brings together more than 6 decades of collective, specialised expertise in successfully handling applications for registering children as British citizens.

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At Premium Solicitors, our strength lies in the expertise, dedication, and unwavering commitment of our immigration solicitors in London. We understand that British citizenship matters are life-changing, and our team is here to guide you through every step of the process with professionalism and care. 

Our team comprises a diverse group of immigration solicitors, each bringing a wealth of experience and knowledge to the table. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your immigration needs.

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Our Fixed Fees for Registering Your Child as a British Citizen Under Section 3(1) of the BNA 1981

Unless your application is very complicated, our fees for an application for registration of a child as a British Citizen are as given in the fee table below: 

Our Service	Our Fixed Fees Range
Application for registration of a child born abroad based on the discretion of the SSHD under Section 3(1) of the BNA 1981 - MN1 application form	From £1,000 + VAT To £2,000 + VAT

The agreed fixed fee will depend on the complexity of your registration application and the volume of casework involved. In addition to our fixed fee for registration application, the applicant will also have to pay the Home Office UKVI fees for the registration application.

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