British citizenship for Child Born Abroad

To register a child who was born outside of the UK for citizenship, you and your child must fulfull several requirements:

The child must:

• Have been born outside the UK
• Be under the age of 18
• (If over the age of 10 at the time of application): be of ‘good character’

At least one of the child’s parents must:

• Be a British citizen
• Have lived in the UK for at least three years before the registration is made

To register a child for citizenship, and applying for a British passport for a child born abroad, you must submit a form MN1 and supporting documents that prove the child and the parent(s) meet(s) the requirements.

If the child applicant is living outside the UK at the time of application, it needs to be sent to the Home Office.

The MN1 application processing time for British citizenship for a child born abroad is usually processed within a a few months of being submitted.

If a child is born to either one or two British parents (who were born in the UK) the child will be a British citizen by descent.

This means that they have a right to citizenship based on their parent’s claim. If a child has a grandparent who was/is a British national (again, born in the UK) they are eligible for British citizenship by double descent.

If a child is born in the UK to a British parent, they do not need to take any action; they are automatically a citizen. If the same child is born outside the UK, they are still a British citizen by descent, but they need to register for this citizenship. This is a relatively straightforward process and is very different to the British naturalisation process.

Unlike in naturalisation applications, the registration process for British citizenship for a child born overseas does not require proving they meet the ‘Life in the UK’ or English language requirements.

However, there are other documents that need to be submitted to support an application of this nature. These include:

• Biometric information for the applicant (including fingerprints and digital photographs)
• The reasons your child is being registered as a British citizen
• Passports and birth certificates for yourself and your applying child

Your child’s immigration history, including where outside the UK they were born.

If a child is born on British soil, to one or two parents who are British citizens (who were born in the UK themselves) the child is granted automatic citizenship. No action needs to be taken in this circumstance.

If a child is born on British soil and one or two of the parents are an EEA national (other than British), there is a chance they will still be automatically granted citizenship. This depends on when they were born. They will qualify if they were born between:

– 1 January 1983 and October 2^nd 2000 (if at least one parent was living in the UK at the time)

– 2 October 2000 and April 2006 (if at least one parent held Indefinite Leave to Remain (ILR) or permanent residence before the birth)

If a child is born outside of the UK, they will need to take some form of action to claim their citizenship or become a British citizen. In this case, they will either be a citizen by descent or British citizen otherwise than by descent.

This is usually either registration or naturalisation. Both processes are very different from one another. Registration, generally, is more straightforward and simple that naturalising as a British citizen.

If a child is a British citizen by descent, and needs to register for citizenship, the person applying on their behalf should submit form MN1 to the Home Office.

Form MN1 is made up of eight key section. These are:

• Personal information – this refers to the child and the parent
• Residence – this refers to where yourself and the child have lived in the past (including where the child was born)
• Good character – if the child who is registering has past his or her 10^th birthday at the time of registration they must show they meet the British citizenship ‘good character requirement’. This focuses on whether they have any form of criminal history or penalties.
• References – you need to provide two references of two people who know your child. These people cannot be related and they must be professionals.
• Biometric information – you should provide the child’s fingerprints and photographs
• Consent – both parents must sign the consent section
• Declaration – you must declare anything you believe the Home Office should know and you should be open and honest in doing this.

Currently, the cost of British citizenship for those aged under 18 is £1,000

As well as this cost, there is a biometric enrolment fee of £19.20.

The MN1 processing time typically takes between two to four months but can take up to six months in some cases. The biometric information requirement can contribute to delays with your MN1 application to UK Visas and Immigration (UKVI).

It is recommended to submit your application as comprehensively as possible the first time to maximise your chances of a speedy and successful application.

A child adopted overseas will automatically become a British citizen if all of the following conditions are true:

• At least one of the adoptive parents was a British citizen when the adoption order was made
• The adopting parent(s) was a habitual resident in the UK at the time of the final adoption order
• The final adoption order has been certified to be in accordance with the terms of the Hague Convention on inter-country adoption

Otherwise, a child adopted overseas must register for British citizenship under section 3(1) of the British Nationality Act (BNA) 1981, provided they meet the eligibility conditions.

If the child was adopted in a ‘designated country’ before 3 January 2014, or after the said date but in a country listed in the Adoption (Recognition of Overseas Adoptions) Order 2013 or the Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013 and the Adoption (Recognition of Overseas Adoptions) (Scotland) Amendment Regulations, or through a Hague Convention adoption, it is likely that your application to register your adopted child for British citizenship will be approved as long as your case meet the following criteria:

• At least one adoptive parent is a British citizen otherwise than by descent
• Both adoptive parents consent to register their adopted child for British citizenship
• Registration cannot be refused on grounds of the adopted child’s character

Note that registration for British citizenship under section 3(1) of the BNA 1981 is completely at the discretion of the Home Secretary. So, the Home Secretary must also be satisfied that:

• The adoption order complies with the adoption laws of all relevant countries (i.e., the child’s country of origin, the country where the adoption process was completed, and the UK)
• The adoption was not ‘arranged’ so as to facilitate the child’s admission to the UK

If the overseas adoption is not recognised in UK law, your application will likely be refused.

Unlike section 3(1) which is a discretionary provision, there are certain provisions in the BNA 1981 which recognise the child to be ‘entitled’ to register as a British citizen as long as they meet the respective conditions.

Section 3(2) is one such provision where children born abroad can be entitled to register as British citizens provided:

• At least one of the parents was a British citizen by descent when the child was born
• The mother or father of the said British citizen (i.e., the child’s grandparent) became (or would have become but for their death) a British citizen otherwise than by descent either on 1 January 1983 or at the time of the parent-in-question’s birth
• The children are of good character (applicable only if they were 10 or more on the date of registration application)

In addition, unless the child was born stateless, the parent-in-question must have lived in the UK continuously for at least three years at any time before the child was born, and been in the UK at the beginning of the said period. They must not have been absent from the UK for more than 270 days during those three years.

For children born on or after 21 May 2002, the qualifying parents can meet these requirements through residing in a qualifying overseas territory as well.

Section 3(5) of the BNA 1981 entitles a minor born overseas to register as a British citizen provided:

• At least one of the parents was a British citizen by descent when the child was born
• Both the child and their parents meet the residence requirements as discussed above
• Both parents consent to the application (unless one of them is dead, or divorced/separated)
• The child is of good character if they are 10 or over

Some of the other prominent entitlement provisions are sections 4D, 4G and 4F.

• Section 4D is applicable to children born outside the UK on or after 13 January 2010 to a parent serving in the armed forces
• Section 4F covers cases where a child would have an entitlement to registration for British citizenship if their mother had been married to their natural father when they were born
• Section 4G is applicable to children born after 1 January 1983, who would have become a British citizen automatically had their mother been married to their natural father at the time of their birth

Once your child is successfully registered for British citizenship, you can apply for a British passport on their behalf. Note that while applying for your child’s passport you must provide details for both parents. In cases where you are unable to provide such details, you must be able to offer a reasonable explanation.

You may apply for a UK passport for your child online or by post. To apply online, you will require:

• Supporting documents (including proof that your child has been registered for British citizenship)
• Your child’s digital photo (or a device that can take such a photo)
• A valid debit or credit card to pay the required fees online
• Someone eligible to confirm your child’s identity online after you have submitted your application (the Home Office will send them an email with instruction)

To apply for your child’s passport by post, you may obtain a paper form from a Post Office offering the Passport Check and Send service, or contact the Passport Adviceline to get a form posted to you. Once you have filled up the form, you may either:

• Send it by post along photos and supporting documents using the pre-printed envelope provided with the form, or
• Bring everything to the Post Office to avail the Passport Check and Send service

You will receive your child’s new passport via Royal Mail or courier service.

Registering British citizenship for a child born or adopted abroad is a complex and fairly time-consuming process. Even if you meet the eligibility criteria, it is of utmost importance to fill up the relevant forms correctly and completely as well as submit all required documentation.

Moreover, you do not have the right to appeal if your child’s UK citizenship application is rejected. You may ask the Home Office to reconsider its refusal decision or reapply after rectifying the reason for refusal as clarified in your decision letter, where possible. Otherwise, the only legal remedy available to you is a judicial review. So, it is crucial that you get the application process and documentation right at the first time.

Birmingham Immigration Lawyer can help. Our team of sympathetic immigration lawyers have the required expertise to assist you, regardless of your personal circumstances or the complexity of your case.

If you are seeking overall advice with your application or you would like an immigration expert to complete your application on your behalf, we are here for you. We also offer document and application checking services if you just need a final check to confirm that your documents and application adhere to Home Office guidelines.

To know more about the services we provide and how we can help you, please call us on 0121 667 6530 today to speak to our team of legal advisers.