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Registration of a Child as a British Citizen
Children born in the UK to parents who are not British Citizens and who are not entitled to indefinite leave to remain, do not acquire citizenship by birth.
However, they have the right to be registered as a British Citizen.
Who Can Register to Become a British Citizen?
A person can apply to register as a British Citizen if born in the UK on or after 1st January 1983 and neither parent was a British Citizen or settled at that time.
An application for registration can be made at any time whilst the applicant is under the age of eighteen.
What are the Requirements?
The applicant must:
- be at least ten years of age
- have continuously lived in the UK until at least ten years of age
- have not spent more than ninety days outside of the UK in each of the first ten years of
Registration as a British Citizen by Descent
- a child under the age of eighteen years born outside the UK is entitled to be registered as a British Citizen if born to a British Citizen by descent in the first generation and who has spent three years in the UK before that child was born.
- a child under the age of eighteen years born outside of the UK to a British Citizen by descent is also entitled to be registered as a British Citizen once that child and both parents have lived in the UK for a continuous period of three years immediately before the application is made and during this three year period they have not been out of the country for more than two hundred and seventy days.
How Can We Help?
We can advise upon whether or not any child is entitled to apply to be registered as a British Citizen.
As the Home Office fee for these applications is substantial, we can help guide you through this process, giving you advice about when and how to make an application, to give your application the best chances of success.
If you do not meet all the requirements of the British Nationality Act 1981, the UKVI may, in certain circumstances, exercise its discretion and grant your registration application anyway, we can assist you with making a case to the Home Office to exercise its discretion in your favor.
It is therefore essential to obtain legal advice prior to making any your application for registration as you will not have the right to appeal any refusal to grant citizenship, and refusal also means that the Home Office retains the majority of any application fee already paid..
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