Naturalisation of British citizens (children)

The British Nationality Act 1981 sets out the circumstances in which individuals can acquire British nationality.

For applicants under the age of 18, there are various routes under which this is possible.

Section 1 of the British Nationality 1981 Act sets out the circumstances in which an applicant born in the UK may acquire British citizenship.

The two key provisions in respect of British citizenship by acquisition are s(1)(1) and s(1)(4).

In summary, they stipulate:

A. An applicant born in the UK to either a British citizen mother or father is entitled to British citizenship.

B. An applicant who is born in the UK to non-British citizen parents and has resided in the UK for a period of 10 years is entitled to apply to register as a British citizen. It is important to note that during that 10 year period, the applicant must not have spent more than 90 days in each of their first 10 years outside of the UK.

Most applications under section 1 of the British Nationality 1981 Act are relatively straight forward.

The more complex applications arise when the applicants do not have entitlement to British nationality. These applications are dealt with under Section 3(1) of the British Nationality Act 1981.

In summary, under section 3(1) of the British Nationality Act 1981 the Home Secretary has discretion to register a person under the age of 18 at the date of application where it is fit to do so.

In making her decision, the Home Secretary has regard to several factors which are published in her policy documents and guidance.

Amongst other things, the decision maker considers the child’s future intentions, the duration of the child’s residence in the UK, their immigration status in the UK, the immigration status of their parents, where their parents intend to reside etc.

It is therefore important that well prepared and well-presented applications are submitted to the Home Office to ensure that any potential concern of the decision maker is comprehensively dealt with.

It is important to note that applicants under the age of 18 are considered children as per the Immigration Rules and the British Nationality Act. Therefore, such applicants do not have to complete the Life in the UK test or an English language test before submitting their application for British nationality.

If you would like to make an application for naturalisation for a child, contact us today.

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