7 Ways to Register as a British Citizen

7 Ways to Register as a British Citizen

There are over 10 different ways to register as a British citizen. In this article, you’ll find out about the most common 7.

If, after reading this article, you would like to explore one of these registration routes further, feel free to explore THIS PAGE. There you’ll find more information and links to all application forms.

Due to the UK’s historical relationship with many other countries, British nationality law is considered to be one of the most complex nationality laws in the world. To simplify all legal concepts for you, I’ll be explaining the law by giving examples.

 

Entitlement or Discretion?

Registration by entitlement means that it is a person’s RIGHT to register as a British citizen.

Registration by discretion gives the decision-makers freedom to decide. With discretionary applications, there is generally no right of appeal. However, the Secretary of State needs to provide you with the reasons for their decision.

Therefore, it is important to check if you are entitled to be registered. If so – the likelihood of the refusal is minuscule.

 

Way No1

Boleslaw and Katarzyna are Polish citizens. Their daughter Agnieszka was born in London on 1 May 2021.

Today Boleslaw and Katarzyna received letters from the Home Office stating that they were both granted Indefinite Leave to Remain (ILR) under the EU Settlement scheme. What’s Agnieszka’s citizenship?

When Agnieszka was born, her parents were Polish citizens and did not have settled status in the UK. For this reason, Agnieszka is still a Polish citizen. However, after her parents got their settled status, she became entitled to register as a British citizen under section 1(3) of the British Nationality Act 1981.

The Requirements

Children are entitled to register as British citizens under section 1(3) of the British Nationality Act 1981 if:

• they were born in the UK
• they were not British citizens at birth because at the time neither parent was a British citizen or settled
• while they are minors either of the parents has since become a British citizen or settled in the UK
• they are under the age of 18 on the date the application is received
• they are of good character if over the age of 10

 

Register as a British Citizen: Way No2

Anna and Alexander are both from a visa national country. They came to the UK 15 years ago as visitors. Their visas expired many years ago, and they remained in the UK without any documents.

Eleven years ago, their son Michael was born in Bristol, UK. Is Michael a British citizen?

No, he is not. If Michael were born in the UK before 1 January 1981, he would be a British citizen. However, after his 10^th birthday, Michael became entitled to register as a British citizen.

 

The Requirements

Children are entitled to register as British citizens under section 1(4) of the British Nationality Act 1981 if they:

• were born in the UK
• were not a British citizen at birth as at the time of birth neither parent was a British citizen or settled in the UK
• are 10 years old or over on the date of the application
• have lived in the UK for the first 10 years of their life
• have not been outside of the UK for more than 90 days in each of the first 10 years of their life
• they are of good character

 

Register as a British Citizen: Way No3

Abeo is a citizen of a Commonwealth country, where he was born. Abeo’s parents were married at the time when he was born. His father, John and his mother, Gwen, were born in Glasgow, the UK, in 1941. Although Abeo was born outside the UK, he spent a lot of years living in the UK as a child together with his parents. Abeo is married to Imbiana, who is from a visa-national country. Their daughter, Aduku, was born 12 years ago, outside the UK. Can Aduku register as a British citizen?

Yes, she can if she meets all the requirements of paragraph 3(2) below.

 

The Requirements

Children  are entitled to register as British citizens under section 3(2) of the British Nationality Act 1981 if:

• they are born outside the UK
• the parent in question (Abeo) was a British citizen by descent at the time of the child’s birth. Abeo’s father John was born in the UK before 1 January 1983, and therefore he is a British citizen. He was married to Abeo’s mother, Gwen when Abeo was born. Therefore, Abeo is a British citizen by descent, which means that he is a British citizen, born outside the UK.
• the mother or father of the parent in question (John) (the child’s grandparent) became or but for their death would have become, a British citizen otherwise than by descent either: on 1 January 1983 or at the time of the parent’s birth. Aduku’s paternal grandparents, John and Gwen, were both born in the UK before 1 January 1983. Therefore, they are British citizens otherwise than by descent.
• The parent in question (Abeo) must:
  1. have lived in the UK for a continuous period of 3 years at any time before the child’s birth (before Aduku’s birth)
  2. have been in the UK at the beginning of that 3 year period not have been absent from the UK for more than 270 days in that 3 year period
• If the child was born on or after 21 May 2002, the parent in question can also meet the above residence requirements through residence in a qualifying overseas territory.
• The child must also be of good character if over the age of 10

 

Register as a British Citizen: Way No4

What if we leave the same facts as described above (Way No3), but only slightly change the above case scenario by assuming that Abeo, his wife Imbiana and their daughter Aduku came to the UK three years ago. Can Aduku register as a British citizen?

Yes, she can if she meets all the requirements of paragraph 3(5) below.

 

The Requirements

Children are entitled to register as British citizens under section 3(5) of the British Nationality Act 1981 if:

• they were born outside the UK (Aduku)
• at the time of the birth, they had a parent who was a British citizen by descent (Abeo)
• they are under the age of 18 when the application is made (Aduku)
• the child (Aduki) and both of their parents (Abeo and Imbiana) were in the UK at the beginning of the 3 year period ending with the date of the application
• the child and both of their parents have not been absent from the UK for more than 270 days in that 3 year period
• the consent of both parents is given to the application
• children aged 10 or over on the date of application are of good character

There are Additional Points to Note

There is no discretion to accept a longer period of absence than 270 days in the 3 years before the date of the application.

Suppose the child was born before 1 July 2006, and the parents were not married. In that case, all references to a parent are references to the mother only, unless the parents’ subsequent marriage legitimated the child’s birth.

Only the child and either one of their parents will need to meet  residence requirements if on or before the date of the application either:

• the child’s mother or father has died
• the parents’:
  1. marriage or civil partnership had ended in divorce or dissolution
  2. were legally separated on the date of the application

If either one of the parents has died, only the surviving parent needs to give his consent.

 

Register as a British Citizen: Way No5

Amelia was born outside the UK on 1 January 1978. Amelia’s father, who was a citizen of Brazil, died when Amelia was six months old. Amelia’s mother was born in Oxford, the UK, in 1952. Is Amelia a British citizen?

No, she is not. Before 1 January 1983, those who were born outside the UK could only get their British citizenship through their father, who was:

1. born in the UK (or registered or naturalised as a British citizen before the child’s birth); AND
2. the father was married to the child’s mother.

In other words, before 1 January 1983, British women couldn’t pass on citizenship to their children born abroad in the same way as British men.

However, children born before 1 January 1983 to British mothers outside the UK can apply for registration as a British citizen under section 4C of the British Nationality Act 1981.

 

The Requirements

As this section applies to those born before 1 January 1983, only adults can register under section 4C.

They will normally qualify if they would have become British citizens automatically had women been able to pass on citizenship in the same way as men.

 

Register as a British Citizen: Way No6

Joseph was born in the UK on 1 June 2006. His mother is a national of Peru. His father is a British citizen. They are not married. Is Joseph a British citizen?

No, he is not. Before 1 July 2006, a British man could not pass on citizenship to a child born in the UK if he was not married to the child’s mother.

However, Joseph can register as a British Citizen under section 4(F).

 

The Requirements

Children born in the UK before 1 July 2006 to unmarried British fathers can apply for registration under section 4F of the British Nationality Act 1981. They will normally qualify if they would have become British citizens automatically under that Act had their parents been married.

 

Register as a British Citizen: Way No7

What if a child was born in precisely the same circumstances as above (way 6) but outside the UK?

In these circumstances, he can register under section 4G, the British Nationality Act 1981.

 

The Requirements

Children born outside the UK before 1 July 2006 to unmarried British fathers can apply for registration under section 4G of the British Nationality Act 1981. They will normally qualify if they would have become British citizens automatically under that Act had their parents been married.

 

Who is the Father?

The British Nationality (Proof of Paternity) Regulations 2006 came into effect on 1 July 2006. The UK Government amended the law on 10 September 2015. According to these regulations, if the mother was not married at the time of the child’s birth, the ‘father’ will be any person who is shown to be such by either:

• being named before 10 September 2015 as the child’s father on the birth certificate, which the child was issued within 12 months (max) of the birth
• in all other cases, any evidence such as DNA test reports, court orders or birth certificates considered by the Secretary of State to establish paternity.

 

Further Help

If you would like to explore British citizenship routes further, check further guidance, the application forms (with all the links), you are welcome to request this information HERE. Access is free and instant.