In this post we discuss registration of children as British citizens at the discretion of the Secretary of State for the Home Department, otherwise known as the Home Office, or UK Visas and Immigration.

As ever, whilst we have significant experience working on our clients’ registration applications, every case is different. The content of this post is provided as generalised guidance only, and should not be taken as legal advice.

If you would like to discuss a potential application for registration with an experienced immigration lawyer, check out our one-off consultation service.

Registration of Children as British Citizens

When considering making an application to register a child as a British citizen it is important to understand that, in some cases, a child may be entitled to be registered as a British citizen and in other cases they may only be registered at the discretion of the Secretary of State for the Home Department.

In practice this means that, while some children will be able to show that they are entitled to be registered because they meet the specific requirements, the Secretary of State retains a wide discretion to register children as British citizens that do not meet the specific requirements where she considers it appropriate to do so.

Mandatory requirements

Where a child is not entitled to register and applies on a discretionary basis, they will normally need to meet the following requirements:

  • The applicant is under 18 at the date of the application;
  • The applicant is of good character (age 10 and above); and
  • The Secretary of State (i.e. the Home Office) thinks fit to register them.

If these requirements are met, the Secretary of State will then decide whether to exercise her discretion to register a child as a British citizen.

Relevant considerations

The Home Office has published guidance setting out the relevant factors that the Secretary of State will take into consideration when deciding whether to use discretion to register an applicant child. These are as follows:

  • The child’s future intentions;
  • The child’s parents’ circumstances;
  • Residence in the UK;
  • The child’s immigration status; and
  • Any compelling compassionate circumstances raised as part of the application.

Whilst the above factors are only described as relevant considerations rather than requirements, in reality, it is unlikely that the Secretary of State will use her discretion to register a child as a British citizen unless they meet the general expectations set out in the Home Office guidance.

These expectations are set out in guidance under the above headings.

The child’s future intentions

The guidance makes clear that the Secretary of State must be satisfied that a child’s future clearly lies in UK before she will use her discretion to register them as a British citizen.

However, it also makes clear that, unless the child is outside the UK at the time or application, or there is information that casts doubt on the child’s account, it should be sufficient for the child (or their parents) to simply state their intention as part of their application.

The guidance makes clear that where the child meets the residence criteria (see below) and has an established home in the UK, they are likely to meet this expectation.

The child’s parents’ circumstances

The guidance makes clear that the Secretary of State will normally need to be satisfied that at least one of the child’s parents is a British citizen (or has applied to be a British citizen).

If both parents play a day-to-day role in the child’s life, the Secretary of State will normally need to be satisfied that the other parent is either settled in the UK or otherwise unlikely to return to a country outside the UK such that the child’s future may lie outside of the UK.

Whilst the guidance confirms that the Secretary of State will only rarely register a child where neither of their parents is (or is about to become) a British citizen, it makes clear that each case must be considered on its individual merits. Exceptional circumstances that will be considered include:

  • Older children (16 and above) who have spent most of their life in the UK;
  • Where the child’s future clearly lies in the UK; and
  • Where the person making the application has day-to-day responsibility for the child’s upbringing and is, or is about to become, a British citizen

On account of the above, it is not only children with a parent that is (or is about to become) a British citizen that can be registered as British citizens. However, this is a general expectation.

Residence in the UK / residence criteria

The guidance makes clear that the Secretary of State will normally need to be satisfied that the child has completed a period of residence in the UK. However, this will depend on the child’s age at the date of application.

Where the child applying for registration is under 13 years old at the date of application, the length of residence in the UK is less important, as long as their future lies in the UK and that registration is otherwise appropriate.

Where the child applying is 13 years old or over at the date of application, they should normally have completed at least 2 years residence in the UK before being registered. However, each case must be considered on its individual merits.

Where the child applying was 16 years old or over when they arrived in the UK, the Secretary of State will generally not use her discretion to register them as a British citizen. However, again, each case must be considered on its individual merits.

The child’s immigration status

The guidance makes clear that the Secretary of State will normally need to be satisfied that the child has already been granted Indefinite Leave to Remain or Permanent Residence in the UK before being considered for registration as a British citizen.

However, the guidance also goes on to confirm that the Secretary of State may still use her discretion to register a child that has not already been granted Indefinite Leave to Remain or Permanent Residence where there are strong compelling compassionate circumstances to do so.

Compelling/compassionate circumstances

The guidance makes clear that there may be circumstances where the normal expectations for registration (set out above) are not met, but there are exceptional circumstances that mean that it still appropriate for the Secretary of State to use her discretion to register the child as a British citizen.

An example of a compelling/compassionate circumstance that may result in the Secretary of State using her discretion to register a child, even where the normal expectations are not met, is where the child has been taken into the care of a local authority.

Parental consent

As with all applications for registration as a British citizen, before the Secretary of State will use her discretion to register a child, the consent of both the child’s parents will almost always be required. This is the case irrespective of where the child or the parents are living.

Generally, an application for registration will be unsuccessful if the consent of both parents has not be obtained.

However, there will be circumstances where this is not possible, e.g. where a parent has passed away or is uncontactable. In these circumstances, the child will usually need to obtain the consent of the person or organisation with parental responsibility.

Children in care

An application for registration as a British citizen can be made on behalf of a child in care.

Where a local authority shares parental responsibility for the child, a representative of the local authority will also need to provide their consent for registration to be considered. In these circumstances, the local authority may have to provide evidence that the child is under their care, e.g. a Care Order.

Applications made by children themselves

There is nothing to prevent a child from making their own application for registration as a British citizen.

However, in reality, it is unlikely that the application will be successful without the consent of those with parental responsibility giving their consent, unless there are good reasons to do so.

Home Office application fee

Currently, the Home Office application fee for a child registering as a British citizen is currently £1,012.

It should be noted that the level of this fee has been challenged in the courts, and the Supreme Court will be hearing a further challenge later in 2021. If the challenge succeeds, it is likely the Home Office will have to reconsider this level of fee.

If you need assistance to apply to register a child in your case, please contact us for a discussion on how we can help.

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