M&M Immigration Lawyers

Registration Of Minors At Discretion Under Section 3(1)

Under section 3 (1) of the British Nationality Act 1981, a child under the age of 18 (minor) may be registered as a British Citizen on discretionary basis. The Home Office can take into special circumstances which can become basis for the Secretary of State for the Home Office Department to exercise discretion in favour of the applicant and register the applicant as a British Citizen. An application for registration of a minor as a British Citizen is made using application form MN1.

According to the Home Office Guidance, the Home Office would normally expect a child seeking registration as a British citizen under s.3(1) to have completed a period of residence in the UK because:

• it is consistent with nearly all the other provisions under which children can be registered as British citizens; and
• it enables a child to establish personal connections with this country; and
• it helps to confirm that a child's future clearly lies in the UK.

The Home Office, UKVI can also consider in all cases whether there are particular circumstances which would justify registration of a minor who does not meet the residence requirement.

Furthermore, the Home Office normally expects a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie in the UK. However, if one or both parents are British citizens who have come to the United Kingdom to live permanently, then this may be less important.

Children and young people over the age of 10 are required to be of good character to be registered under section 3(1).