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Registering a Child Born in the UK as a British Citizen after 10 years

Registering a Child Born in the UK as a British Citizen after 10 years

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Registering a Child Born in the UK as a British Citizen after 10 years

By Alexandra Pease – Barrister Partner

In This Article

1. Registering a Child as a British Citizen: An Overview
2. Entitlement to Register as a British Citizen
3. Meeting the Good Character Requirement for British Citizenship
4. Evidence and Documentation Required for British Citizenship Registration
5. Referees for the Application
6. Parental Consent: Is It Required for Registration?
7. Considering the Child’s Best Interests in British Citizenship Applications
8. Why Consider Registering Your Child as a British Citizen?
9. Contact Our Immigration Barristers
10. Frequently Asked Questions
11. Glossary

1. Registering a Child as a British Citizen: An Overview

If your child was born in the UK and has lived in the UK they may be eligible to apply to register as a British citizen and it is an option you may wish to explore for a number of reasons.

2. Entitlement to Register as a British Citizen

Section 1(4) of the British Nationality Act 1981 states that a child born in the UK whose parents are not British or settled in the UK shall have an entitlement to register as a British citizen provided that in each of the first ten years of the child’s life, the number of days spent outside the UK does not exceed 90.  

The British Nationality Act 1981 confirms that only whole days’ absences from the UK are counted. Therefore, the departure date from the UK and the arrival date in the UK are not considered to be absences for this purpose. Discretion can be exercised in relation to excessive absences in accordance with Section 1(7) of the British Nationality Act 1981 and published policies apply.

Generally the applicant will need to show that they:

(i) have been born in the United Kingdom on or after 1 January 1983;

(ii) they are 10 years of age or over;

(iii) have spent no more than 90 days outside the United Kingdom in each of the first 10 years of your life; and

(iv) be of good character.

3. Meeting the Good Character Requirement for British Citizenship

The British Nationality Act 1981 requires the applicant to be of ‘good character’. ‘Good character’ is not defined in the Act, but Home Office nationality policy guidance explains how the ‘good character’ requirement will be assessed. This contains a non-exhaustive list of conduct that will mean that an applicant is not of ‘good character’ including criminality, terrorism, financial soundness, notoriety, deception and dishonesty and immigration-related matters. It is important to take care to ensure that all information is correctly disclosed and all matters have been considered. You may wish to seek legal advice in this regard. 

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4. Evidence and Documentation Required for British Citizenship Registration

Form T is the relevant form and the application can be completed on paper or online. An applicant will need to carefully consider what evidence can be obtained and relied on to support the fact that the applicant was born and has lived in the UK for the first 10 years of their life. The form can be used by anybody, adult or minor, who has spent the first 10 years of their life in the UK. 

The evidence of residence will of course differ for the different times in a child’s life. 

The current Registration as a British citizen: children caseworker guidance sets out evidence that might be considered and included to show residence, but is not limited to:

• aged up to 5 years: 

    •  passport or travel document 
    • medical records
    • vaccination records 
    • doctors’ letters 
    • personal child health record (red book) 
    • letters from child’s nursery 

• aged 5 to 10 years: 

    • letters from child’s school confirming attendance 
    • passport or travel document for the full 10 year period to confirm absences during the period”.

You may wish to seek legal advice regarding the evidence available and to be submitted with an application, particularly if there are evidential gaps.

5. Referees for the Application

An applicant requires two referees in support of their application. One referee should be a person who has professional standing, for example, minister of religion, civil servant, or a member of a professional body such as an accountant or solicitor (who is not representing you with the application).

In the case of a child under 18, this should be a professional who has engaged with the child in a professional capacity, such as a teacher, health visitor, social worker or minister of religion. 

The other referee must normally be the holder of a British passport and either a professional person or over the age of 25.

There are other requirements for referees and they will sign a declaration confirming the applicant’s identity and that they are qualified to act as a referee.

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As the applicant has an entitlement to be registered as a British citizen if the requirements are met, where the applicant is a minor, the absence of parental consent does not form a reason for refusal. 

However the guidance recognises ‘it is good practice to gain consent of all those with parental responsibility for the child and it should normally be requested’.

7. Considering the Child’s Best Interests in British Citizenship Applications

The Home Office will need to consider the best interests of any child pursuant to section 55 of the Borders, Citizenship and Immigration Act 2009.  The Secretary of State must have “regard to the need to safeguard and promote the welfare of children who are in the United Kingdom”.

8. Why Consider Registering Your Child as a British Citizen?

If your child is currently in the UK without leave this is a route that you might consider to provide security for their future. Applying to register the child will allow them to potentially continue their education, work and receive benefits.  

Parents or carers may also wish to consider regularising their stay on this basis.  There are a range of options open; the best option will depend on individual and specific circumstances.  

There are a number of other circumstances in which a child or adult can make an application to register as a British citizen and you may wish to seek legal advice. You can also refer to our previous article Is Your Child Eligible for British Citizenship for further details.

If you would like to discuss your entitlement to register as British, or if you require legal assistance in connection with an application, contact our specialist immigration barristers and lawyers in London on 0203 617 9173 or via our enquiry form.

Who is eligible to register as a British citizen under Section 1(4) of the British Nationality Act 1981?

An individual born in the UK to non-British or non-settled parents may be eligible to register as a British citizen if they have lived in the UK for the first ten years of their life and have not spent more than 90 days outside the UK in any of those years.

What is the good character requirement for British citizenship?

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The British Nationality Act 1981 requires any person who wishes to naturalise as a British Citizen to be of ‘good character’.  The requirement applies to individuals over the age of 10 applying for British citizenship, either through naturalisation or certain registration routes.

What evidence is needed to prove a child has lived in the UK for the first ten years of their life?

Evidence of residence will vary for the different times in a child’s life. Evidence may include passports, travel documents, medical records, vaccination records, school attendance letters, and letters from nurseries or health professionals confirming the child’s residence in the UK.

Who can act as a referee for a British citizenship application?

An applicant must provide two referees. One should be a professional standing, such as a teacher, solicitor, or minister of religion. The other must hold a British passport and be either a professional person or over the age of 25.  In the case of a child under 18, this should be a professional who has engaged with the child in a professional capacity.

Is parental consent required for a child to register as a British citizen?

No, parental consent is not a legal requirement for registration under Section 1(4) of the British Nationality Act 1981. However, the Home Office considers it good practice to gain consent. 

How does the Home Office consider a child’s best interests in citizenship applications?

Under Section 55 of the Borders, Citizenship and Immigration Act 2009, the Home Office must consider the child’s best interests, ensuring their welfare is safeguarded and promoted during the decision-making process.

Can an applicant with excessive absences from the UK still apply?

Discretion may be exercised if a child has exceeded the 90-day absence limit in any of their first ten years. Each case is considered based on individual circumstances and requires supporting evidence.

Where can I get legal advice on registering my child as a British citizen?

You can contact our specialist immigration barristers for expert advice on British citizenship applications and guidance on the legal requirements.

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