Registering a Child as a British Citizen after Birth Abroad to a 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.

Free Immigration Advice For Registering Your Child as a British Citizen

Our specialist team of nationality law solicitors can provide one-off free immigration advice online in relation to 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 concerning your child's application for registration as a British Citizen.

Legal Framework for Registering a Child as a British Citizen under Section 3(2) of BNA 1981

Section 3(2) of the 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.

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