As
CR001 has advised, children born abroad do not have an entitlement to registration, but are registered at discretion.
For discretion to be exercised, the Home Office caseworker must be convinced that the child's future is in the UK. The factors they take into account are listed on Page 16 of
Guide MN1.
• the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK
• where the child’s future is likely to lie
• the parents’ views
• the parents’ nationality and immigration status – we expect either both parents to be British citizens or one parent a British citizen and the other parent settled in the UK
• whether the child is of good character
• the length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the child is over the age of 13)
• any compelling circumstances
The
Nationality Guidance on child registration is more detailed. It states for instance that a child registering under Section 3(1) should have resided in the UK at least for some period of time.
(Page 29)
Residence in the UK
A child seeking registration as a British citizen under section 3(1) of the British Nationality Act 1981should normally have completed a period of residence in the UK because:
• it is consistent with the majority of other provisions under which a child can be registered
• it enables a child to establish personal connections with this country
• it helps confirm that a child’s future clearly lies here
If the child has spent more than six months in the recent past outside the UK, the caseworker can conclude that the child's future does not lie in the UK and hence can reject the application.
(Page 27)
Child’s future intentions
You must be satisfied that a child’s future is clearly seen to lie in the UK before you register them under this provision.
You should normally accept that a child’s future lies in the UK where this is stated in their application unless there is information to cast doubt on this, such as:
• the child, or one or both of their parents, has recently left the UK for a period of more than 6 months
• the child is about to leave the UK
• one or both parents are resident abroad
Where you have reason to doubt a child’s future lies in the UK you must seek further clarification before refusing the application. If you are still not satisfied that the child’s future is in the UK you should refuse the application.
Read pages 27 to 32 of the Nationality Guidance for more details of what the Home office looks at when registering children under Section 3(1).
How old is the child? How long has the child been out of the UK and how long has the child stayed in the UK?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
