Registering A Child As A British Citizen - MN1 Application

• Page Contents
• Overview
• Registration Of A Child Under Section 1(3)
• Registration Of A Child Under Section 1(3A)
• Registration Of A Child Under Section 3(2)
• Registration Of A Child Under Section 3(5)
• Registration Of A Child Under Section 4D
• Registration Of A Child Under Section 3(1)
• How Can We Help You?
• How Much We Charge?

Using MN1 application form, you can apply for registration of your child under the age of 18 as a British Citizen under one of the relevant sections of British Nationality Act 1981. Most applications for registration of children as British Citizens are made using application form MN1. You can use the MN1 form to register your child both from inside the UK and outside the UK.

Becoming a British citizen is a significant life event. Apart from allowing a child to apply for a British citizen passport, British citizenship gives them the opportunity to participate more fully in the life of their local community as they grow up.

Children who are under the age of 18 years (minors) can make the following applications to the Home Office for registration as British citizens using MN1 Application under various sections of the British Nationality Act 1981. Children must be under 18 years old when the application is made. Once they reach the age of 18 they must apply for British citizenship as adults, either by registration if they have an entitlement, or by naturalisation. The date of application is the date it is received by the Home Office or the receiving authority. If the child is aged 10 or over
they must be of good character.

Children who have automatically acquired British citizenship do not need to be registered. There are two ways a child can automatically be a British citizen without needing to register. They can instead apply for British passport.

Our specialist team of nationality law solicitors can provide expert immigration advice and representations for registration of your child as a British citizen. Ask a question to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist immigration solicitors for your application for registration as a British Citizen.

Registration Of A Child Born In The UK and One Of The Parents Getting ILR or Becoming A British Citizen - Section 1(3) Application

If your child was born in the UK at a time when neither parent of the child was settled or British can apply for registration as a British Citizen using application form MN1 as soon as one of the parents has either obtained ILR or has become a British Citizen. The application of registration as a British Citizen under 1(3) can only be made while the child is still a minor i.e. under the age of 18. Application is made under Section 1(3) of the British Nationality Act 1981 which provides that:

• Other Related Pages
• Registration On The Basis Of Birth Before 1 July 2006 To A British Father - UKF Application
• Registering A Child Born In The UK After 10 Years Residence - Form T Application
• Registering A Stateless Child As A British Citizen

"A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and

(b)an application is made for his registration as a British citizen."

Registering A Child Born In The UK Whose Parent Have Joined Armed Forces - Section 1(3A) Application

A child born in the UK on or after 13 January 2010 whose parents are not born British citizens and were not settled in the UK will have an entitlement to register if either parent becomes a member of the UK armed forces. Under Section 1(3A) of British Nationality Act 1981, you can register your child born in the UK as a British Citizen if after the birth of the child and while the child is still a minor, one of the parent of the child has joined armed forces. Application under Section 1(3A) is made using application form MN1.

Section 1(3A) of British Nationality Act 1981 states as follows:

"A person born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) shall be entitled to be registered as a British citizen if, while he is a minor—

(a) his father or mother becomes a member of the armed forces; and

(b) an application is made for his registration as a British citizen]"

Registering A Child Born Abroad To A Parent Who Is British Citizen By Descent - Section 3(2) Application

Under Section 3(2) of British Nationality Act 1981, you can register your child born outside the UK if one of the parents of the child is a British Citizen by descent and has lived in the UK or a British overseas territory for 3 years continuously any time before the date of birth of the child. The parent in question who is British Citizen by descent must not have been absent from the UK or a British overseas territory for more than 270 days during the relevant 3 years period of residence in the UK or a British overseas territory. An application under Section 3(2) is made using application form MN1. Section 3(2) of British Nationality Act 1981 provides as follows:

"(2) A person born outside the United Kingdom [F1and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made [F2while he is a minor], to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person’s father or his mother (“the parent in question”).

(3) The requirements referred to in subsection (2) are—

(a) that the parent in question was a British citizen by descent at the time of the birth; and

(b) that the father or mother of the parent in question—

(i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or

(ii) became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and

(c) that, as regards some period of three years ending with a date not later than the date of the birth—

(i) the parent in question was in the United Kingdom [or a qualifying territory] at the beginning of that period; and

(ii) the number of days on which the parent in question was absent from the United Kingdom [and the qualifying territories] in that period does not exceed 270."

A child will qualify under this section if:

• they were born outside the UK
• either of the child’s parents was a British citizen by descent at the time of the child’s birth
• the mother or father of that parent (the child’s grandparent) became, or but for their death would have become a British citizen otherwise than by descent, either:
  • on 1 January 1983
  • at the time of the parent’s birth

The British citizen by descent parent must have lived in the UK (or, if the child was born on or after 21 May 2002, in a British overseas territory) for a continuous period of 3 years at any time before the child’s birth. During that period they should not have absences exceeding 270 days. The application must be made whilst the child is under 18 years of age. The 3-year residence requirement for the parent does not need to be met if the child is stateless.

Registering A Child Born Abroad To A Parent Who Is British Citizen By Descent and Child and Parents Now Living In The UK - Section 3(5) Application

Where a child born abroad to a parent British Citizen by descent cannot qualify for registration as a British citizen under Section 3(2) can qualify for registration as a British Citizen under Section 3(5) if the child and his parents live in the UK or a British overseas territory for 3 years continuously and during this period of residence they are not absent from the UK or a British overseas territory for more than 270 days. An application for registration of a child under Section 3(5) of BNA 1981 is made using application form MN1. 

Section 3(5) of British Nationality Act 1981 provides as follows:

"(5) A person born outside the United Kingdom [and the qualifying territories] shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—

(a) that at the time of that person’s birth his father or mother was a British citizen by descent; and

(b) subject to subsection (6), that that person and his father and mother were in the United Kingdom [or a qualifying territory] at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom [and the qualifying territories] in that period does not exceed 270; and

(c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.

(6) In the case of an application under subsection (5) for the registration of a person as a British citizen—

(a) if his father or mother died, or their marriage [or civil partnership] was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; and

(b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them."

To qualify under this section the child and their mother and father should have lived in the UK (or British Overseas Territory if born after 21 May 2002) for a 3-year period ending with the date the application is received. And the child and their parents should be physically present in the UK or a British Overseas Territory at the start of that period. The child and their parents must not have been absent from the UK (or the British Overseas Territories if appropriate) for more than 270 days during the 3-year residential period. There is no discretion to disregard absences greater than 270 days.

If the parents’ marriage or civil partnership has ended or they are legally separated then only the child and one parent has to satisfy the residence requirement.

Both parents must consent to the child being registered as a British citizen. If one of the parents has died then only the consent of the surviving parent is required.

A child registered under this section will be a British citizen otherwise than by descent.

Registering A Child Born Abroad To A Parent Serving As A Member Of The UK Armed Forces - Section 4D Application

Under Section 4D of British Nationality Act 1981, a child will born abroad to a parent serving as a member of UK armed forces can qualify for registration as a British Citizen if:

• the child was born on or after 13 January 2010
• the child was born outside the UK and the British overseas territories
• both parents consent to the child being registered as a British citizen. (If one of the parents has died, then only the consent of the surviving parent is required.)

For the purpose of an application for registration of a child under Section 4D of BNA 1981, “member of the armed forces” means either:

• a member of the regular forces within the meaning of the Armed Forces Act 2006
• a member of the reserve forces within the meaning of the 2006 Act subject to service law by virtue of section 367(2)(a)-(c) of that Act.

However, a person is not regarded as being a “member of the armed forces” if, for example, they are:

• a member of the forces raised in a British overseas territory who is serving, or undergoing training, with the UK armed forces
• a member of another country’s armed forces who is attached to the UK armed forces (such as part of a coalition force)

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