Child Registration Application Background
Children born in the UK are not automatically recognised as British citizens under the strict British legislation in place. It is therefore important to understand British citizenship if you have a child born in the UK and wish to determine whether the child is British by birth or whether you can register their British status on their behalf.
Child Registration Application Background Definition
A Child Registration Application (MN1) is an opportunity for a child under the age of 18 who does not automatically qualify for British citizenship through birth to obtain their rightful status and acquire UK nationality.
Automatic British Citizenship
Automatic British Citizenship occurs where a child was born on or after 1 January 1983 to parents or a parent that identified as a British citizen or had ‘settled’ status in the UK. ‘Settled’ status is simply permission by the UK Home Office to live and work in the UK indefinitely having been granted Indefinite Leave to Remain (ILR) or permanent residence status without any immigration restrictions.
Child Registration Application for Citizenship
Since it is not possible to assume automatic British citizenship for all children born in the UK, there is a Child Registration Application route to obtain British citizenship. This application route considers parents’ status in the UK as a determinant for granting a child British citizenship. Children born in the UK to non-British parents do not attain British citizenship by birth. Children born in the UK to non-British parents with limited leave to remain (on a work visa) do not attain British citizenship by birth. Children born in the UK to non-British parents with no lawful immigration status do not attain British citizenship by birth whilst children born outside of the UK to non-British parents also do not attain British citizenship by birth. In all instances, children may acquire the right to be registered as a British citizen if one of their parents decides to permanently settle in the UK and thus is granted settled status. However, for those children born outside of the UK to non-British parents, the need for the parents to make a claim for British citizenship at the same time as the child is significant.
Registration Entitlement
Children born in the UK therefore have the right to register their British entitlement where it can be proven that certain criteria have been satisfied. There is no need however for children with automatic British citizenship to register their status. In certain circumstances, it would be beneficial for a child to make an application for Indefinite Leave to Remain (status) in support of their citizenship although this is not in fact a requirement. Accordingly, there are two principal modes of attaining British status:
- Aged 18 or under with newly acquired British parent(s)
A child is eligible to make an application for British citizenship if aged 18 years or under and since birth, one or both parents have been granted permission to stay in the UK on a permanent basis or acquired British citizenship already. There is no requirement that parents attain British citizenship before a child is born but British status must be acquired before the child turns 18 therefore occurs whilst a child is still considered a minor.
- Lived uninterrupted in the UK until aged 10.
A child is eligible to make an application for British citizenship if born in the UK after 1 January 1983 and lived here uninterrupted until the child was 10 years old or more. There are conditions that a child must meet before an application on this route is successful. Therefore, the child must not have spent longer than 90 days outside of the UK during the first 10 years of their life. The child must also be able to pass the requirement of good character thus not have criminal convictions or poor immigration status. The child must not be involved in any recent offences either as this will often result in an automatic application refusal.
Discretionary Grounds for Child Registration Application
Discretionary Grounds are sought when a child who cannot qualify through entitlement still wishes to become a British citizen. These types of applications are processed by the Home Office whilst exercising their discretionary powers therefore clarity is not always possible. Cases are decided on their own merits under the discretion of the Home Office and are not always successful. If you consider there to be exceptional and specific reasons that a child should obtain British citizenship, then it is necessary to evidence this to the UK Immigration Authorities. The best advice would be to consult a specialist Immigration solicitor who has extensive knowledge and expertise on these types of applications.
Child Registration Application Background Registration Process
To register the status of your child, you will have to make a Child Registration Application for British citizenship using the appropriate MN1 Form. There are application fees which must be considered as well as an additional cost to register a child’s biometric information if requested by the Home Office. Children aged under 6 years old are exempt from providing fingerprints but must have a digital photograph taken whilst children under 16 years old will require to be accompanied by their parent or legal guardian at a biometric enrolment appointment. There is also a requirement for documentation in support of an application including proof of identity (passport or birth certificate stating both parents’ names). At the time of application, a child must be under the age of majority (18) otherwise the route to British citizenship would need to be pursued as an adult. Applicants should be conscious of the fact that if British citizenship is attained, any previous nationality held may be lost depending on the laws of the countries of origin. Applicants should also be conscious of the fact that if a child has a current nationality then this country of origin may still expect duties of the child when present in the country (military service) although this is only relevant depending on age and the specific country itself.
