The law in relation to section 3(5)
Legitimated children are entitled to registration as a British citizen under
section 3(5) of the British Nationality Act 1981 if:
• they were born outside the UK
• at the time of the birth they had a parent who was a British citizen by descent
• they are under the age of 18 when the application is made
• the child and both of their parents 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 is no discretion to accept a longer period of absence than 270 days in the 3 years before the date of the application.
If the child was born before 1 July 2006, and the parents were not married, all references to a parent are references to the mother only, unless the child’s birth was legitimated by the parents subsequent marriage.
If the child was born on or after 1 July 2006 and the parents were not married, all references to a parent are references to the mother, and also the father if he satisfies the definition of father.
The residence requirements need be met only by the child and either one of their parents if on or before the date of the application either:
• the child’s mother or father has died
• the parents’:
o marriage or civil partnership had ended in divorce or dissolution
o were legally separated on the date of the application
If either one of the parents has died, only the consent of the surviving parent is required. See parental consent.
