Registration of a Child Born Abroad to a British Citizen By Descent after 3 Years Residence 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.

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.

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.

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