Registering A Child At Discretion Of The Secretary Of State - Section 3(1) Applications

An application for registration under Section 3(1) of British Nationality Act 1981 is granted on the basis of discretion of the Secretary of State for the Home Department (SSHD). Section 3(1) of 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 see good character requirements
• 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.

The Home Office UKVI guidance provides for following applications to be made under Section 3(1) for registration of a child at discretion of the Secretary of State for the Home Department (SSHD):

Registering A Child Born Abroad To Parent Who Are Applying For British Citizenship - Section 3(1) Application

Where one or both parents are applying for British citizenship they may apply for one or more children who are not automatically British at birth  to be registered as British citizens as part of a “family application”. Children in this category will be considered at the Home Secretary’s discretion and will usually be registered only if both the parents are granted or already hold British citizenship, or if one parent holds British citizenship and the other is settled in the UK.

Registering A Child Whose Parent or Grandfather Is/Was In Designated or Community Institution Service - Section 3(1) Application

There are some instances where a child’s parent or grandfather is or was in service which became 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, Home Office, UKVI would normally register such 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 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 can represent you in your 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 in relation to 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 in your application for registration as a British Citizen and would 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 duly 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 the same online, help you pay the Home Office UKVI fee for the application and schedule your appointment with the application centre for enrolment of your biometrics;
• 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 the supporting documents online to be considered in support of the application including our cover letter prepared to support your application;
• 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.

Our Fixed Fees For Registering A Child As A British Citizen