If your child was born in the UK and has lived here consistently, they may be eligible to register as a British citizen. This is an option worth exploring for several important reasons.
Entitlement to Register as a British Citizen
Under Section 1(4) of the British Nationality Act 1981, a child born in the UK to parents who are neither British nor settled in the UK has an entitlement to register as a British citizen, provided that:
- In each of the first 10 years of their life, the child has spent no more than 90 days outside the UK.
The Act also specifies that only whole days outside the UK are counted. Departure and arrival dates are not considered absences. Discretion may be exercised regarding excessive absences, in line with Section 1(7) of the Act and published policies.
Applicants must generally demonstrate that they:
- Were born in the UK on or after 1 January 1983.
- Are at least 10 years old.
- Have spent no more than 90 days outside the UK in each of their first 10 years.
- Are of good character.
Meeting the Good Character Requirement
Applicants must meet the “good character” requirement as outlined in the British Nationality Act 1981. While “good character” is not explicitly defined, Home Office policy includes factors such as criminality, terrorism, financial soundness, deception, and dishonesty.
Careful attention should be paid to ensure all required information is accurately disclosed. Legal advice can help address concerns about meeting this requirement.
Evidence and Documentation Required
Applications should be made using Form T, which is available both online and in paper format. Evidence of residence during the child’s first 10 years must be provided, and the required documentation may vary based on the child’s age:
- Aged up to 5 years:
- Passport or travel document
- Medical records
- Vaccination records
- Personal child health record (red book)
- Nursery letters
- Aged 5 to 10 years:
- School attendance letters
- Passport or travel documents covering the full 10-year period to confirm absences
If there are gaps in evidential records, legal advice may be beneficial.
Referees for the Application
Two referees are required to support the application:
- One referee must have professional standing, such as a solicitor, teacher, health visitor, or social worker. For minors, this should be someone who has engaged with the child professionally.
- The second referee must hold a British passport and either be a professional or over the age of 25.
Referees must sign a declaration confirming the applicant’s identity and their qualifications as referees.
Parental Consent: Is It Required?
For minors entitled to registration, the absence of parental consent is not grounds for refusal. However, it is generally good practice to seek consent from all individuals with parental responsibility.
Considering the Child’s Best Interests
The Home Office must consider the child’s best interests under Section 55 of the Borders, Citizenship and Immigration Act 2009. The Secretary of State is required to safeguard and promote the welfare of children in the UK.
Why Consider Registering Your Child as a British Citizen?
Registering your child as a British citizen offers numerous benefits, including the ability to continue education, work, and access public benefits. It can also provide security for their future, especially if they currently lack valid leave to remain.
Additionally, parents or guardians may wish to explore options to regularise their own immigration status based on the child’s registration.
Ison Harrison Solicitors – Specialists in Immigration
At Ison Harrison Solicitors, we understand the complexities of British citizenship applications. Our experienced immigration lawyers can provide tailored advice to ensure your child’s application is completed accurately and successfully.
If you are considering registering your child or need guidance on your own immigration options, contact our Immigration team on 0113 284 5000 or email mail@isonharrison.co.uk to speak with an expert.
