April 26th, 2023 at 04:21 am

UK NATIONALITY LAW: CHILDREN REGISTERED AS BRITISH CITIZENS

This article talks about registering children born in the UK or outside the UK for British Citizenship. Get all the details about contradicting questions on British citizenship in this article.

According to Section 3 (1) of the British Nationality Act 1981, children under the age of 18 who do not automatically acquire British citizenship upon birth may do so through entitlement or discretion.
Discretion allows the Secretary of State for the Home Department to make decisions based on each applicant’s specific circumstances.

Who can be Registered as a British Citizen?

Despite not being able to naturalize for British citizenship, children can nevertheless be recorded as such based on entitlement or preference (discretion).

Requirements a Child must fulfill to register for British Citizenship

• First and foremost, either of the child’s parents should be British by descent when the child was born in the UK.
• For consideration for recognition as a British citizen, the kid’s father or mother must also be British in some way, whether the youngster was born in the UK or elsewhere.
• Also, if a child born outside the UK has a parent who is British by descent but was born outside the UK, they both had to have spent the previous three years in the UK without taking more than 270 days off.

Obtaining British Citizenship for a Child Birth in the UK

• When it comes to registering a child born in the UK as a British citizen, it should occur before the child’s 18th birthday.
• A child who was born in the UK and lived there up until the age of 10 may apply for registration as a British citizen either before or after that age, per Section 1(4) of the British Nationality Act 1981. Apart from having a good character, the child must not have been outside the UK for more than 90 days in a year in the 10 years while living in the UK since birth.

On the other hand, children who don’t meet the criteria discussed can register by way of discretion.

Here is the checklist the Home Office uses to make decisions about granting citizenship to a child by way of discretion.

• First, the parent’s consent
• Second, the child’s future intentions
• Next, the child’s character
• Also, the total time the child has spent living in the UK
• Besides that, the child’s interests
• Lastly, the citizenship and immigration status of the parents of the child

Registering an Adopted Child for British Citizenship

A child adopted by a British citizen in the UK automatically becomes a British citizen, thus, adoption under the Hague Convention. However, all other adoptions unrecognized by the British Nationality Act of 1981.

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