Some children do not automatically become British citizens at birth. However, under the British Nationality Act 1981, a child may be registered as a British citizen either by entitlement or through Home Office discretion under section 3(1).
This article explains the process of registering a child as a British citizen under section 3(1), including the eligibility criteria, the Home Office approach, and key factors that influence whether an application is approved.
What Is Section 3(1) of the British Nationality Act 1981?
Section 3(1) gives the Home Secretary discretion to register a child as a British citizen “if they think fit.” Unlike other routes, there is no automatic right to registration under this section — every application is assessed on its individual merits.
To qualify for registration under section 3(1):
- The child must be under 18 at the date of application.
- If aged 10 or over, they must be of good character.
- The Home Secretary must consider it appropriate to register the child.
This flexible approach enables children who fall outside the usual nationality provisions to still secure British citizenship if their case justifies it.
When Will the Home Office Register a Child as a British Citizen?
The Home Office guidance lists circumstances where it will normally register a child as a British citizen under section 3(1). These include cases involving adoption, residence, parental citizenship, or long-term ties to the UK.
Each application is discretionary and must include strong evidence showing that registration is in the child’s best interests.
Children Adopted Abroad by British Citizen Parents
A child adopted overseas by a British citizen may be eligible for registration as a British citizen if the adoption took place under a recognised legal framework, including:
- The Hague Convention on Intercountry Adoptions;
- Before 3 January 2014, in a country listed under the Adoption (Designation of Overseas Adoptions) Order 1973; or
- After 3 January 2014, in a country recognised under the Adoption (Recognition of Overseas Adoptions) Order 2013 or equivalent Scottish Regulations.
At least one adoptive parent must be a British citizen otherwise than by descent, and the adoption must be legally valid in the UK and in the country of origin. The Home Office will assess whether the adoption is genuine and not solely intended to facilitate immigration.
Where both parents have parental responsibility, both must give consent for the child to be registered.
Best Interests of the Child
The Home Office must prioritise the welfare and best interests of the child in every case, in line with section 55 of the Borders, Citizenship and Immigration Act 2009 and Article 3 of the UN Convention on the Rights of the Child.
Even if all formal criteria are not met, the Home Office may still grant British citizenship to a child where doing so clearly serves their best interests — for example, where the child has lived most of their life in the UK or has strong family and social ties here.
Where both parents have parental responsibility, both must give consent for the child to be registered.
Children Applying in Line with Parents
The Home Office will usually grant registration where:
- One parent is a British citizen or about to become one, and
- The other parent is settled in the UK.
The child is generally expected to have lived in the UK for at least two years, hold indefinite leave to remain, and be of good character.
Children with Settlement and Long Residence
A child who has lived in the UK lawfully for five years or more and has held settled status for at least 12 months may qualify for registration. Both parents should also be settled in the UK and give their consent.
This route often applies to families who have completed their immigration journey and now wish to secure British citizenship for their children.
Children of Parents Who Have Renounced and Resumed British Citizenship
Where a parent has renounced and later resumed British citizenship, a child born before the parent resumed their status may be eligible to register under section 3(1). The parent must be British otherwise than by descent, and both parents should usually consent to the application.
Children Who Have Lived in the UK for Over 10 Years
If a child has lived in the UK for over 10 years, they may be eligible for discretionary registration, provided their residence has been lawful.
However, the Home Office recognises that some children may have periods of unlawful stay that were beyond their control. In such cases, factors including age, strength of UK connections, and overall circumstances will be considered.
Older children who have grown up in the UK and consider it home are often strong candidates for registration under this route.
Other Circumstances Considered by the Home Office
Where a child does not fall into a standard category, the Home Office will still consider registration under section 3(1) based on:
- The child’s length of residence and immigration status;
- The parents’ nationality and immigration position;
- The child’s future intentions and connection to the UK;
- The parents’ consent; and
- Any exceptional or compelling circumstances.
The Home Office must be satisfied that the child’s future clearly lies in the UK. If the family has recently relocated or plans to move abroad, registration is unlikely to succeed.
Applications from Outside the UK
Applications from abroad are normally refused unless the child:
- Is accompanying a parent in Crown service (e.g. Armed Forces), or
- Previously lived in the UK, has been abroad for less than six months, and intends to return soon.
The Home Office expects applicants to be resident in the UK, as this demonstrates genuine and ongoing ties to the country.
Conclusion
Registering a child as a British citizen under section 3(1) of the British Nationality Act 1981 is a discretionary process requiring detailed evidence and careful preparation. Each case is assessed individually, with the child’s best interests central to the Home Office’s decision.
At Clarkslegal LLP, our immigration lawyers specialise in British nationality and citizenship applications, including complex section 3(1) discretionary registrations. We advise parents and guardians throughout the process, ensuring all relevant factors are clearly presented to the Home Office.
Clarkslegal’s immigration lawyers are here to help. For further information or if you have any questions, please do not hesitate to get in touch with our immigration lawyers.
