REFUSAL - REGISTRATION AS A BRITISH CITIZEN FOR A CHILD UNDER 18 UNDER S3(1)

[ederson231]

Hello everyone,

I’m looking for advice on whether it’s possible to contact the Home Office to request specific reasons why discretion wasn’t exercised in a recent application to register a child as a British citizen to understand the decision details to adequately review it and consider any further steps.

Has anyone successfully obtained such detailed feedback, or is there a particular process for requesting this type of information?

Thanks in advance for any guidance

[alterhase58]

The reasons for refusal are normally stated in the letter advising refusal. What did they write? Please post the text (without personal details).
For what did you ask discretion for?

[secret.simon]

Refusals are fairly rare, so it is probably worth checking if the child met the expectations for discretion to be granted.

(a) Does the child have ILR?
(b) Does one parent have British citizenship and the other parent ILR?
(c) If (a) or (b) are not met, has the child completed 10 years of legal residence in the UK?
(d) If all three conditions above are not met, what is the "compelling or compassionate" reason for the child to be granted British citizenship?

The child can be refused if either the child or their parents are illegally resident in the UK. Is that the case?

If the child is above the age of 13, they also need to meet the good character requirement. Is that the case?

[ederson231]

Thank you both for your responses:

Circumstances:

The child (17 now) has been in the UK and has not left since the age of 1 (one), arriving with both parents legally. neither the child nor the parents currently have ILR, but they all have pending applications under the EUSS under the Zambrano category since 2021. The child has completed 10 years legal residence in the UK. The child also has 3 siblings all born in the UK and all British citizens. The child is of good character however the father received a custodial sentence in 2016 for a total of 3 years, 7 months which is now spent. Could this be a reason for refusal for the child?

The reasons for refusal are as follow:
Section 3(1) allows for registration as a British Citizen at the Home Secretary’s discretion; the only requirements are that you are under 18 and of good character. I have considered whether to exercise discretion in your case.
You do not meet the criteria because:

Neither of your parents is a British Citizen or ‘settled’.
You are not ‘settled’ in the UK. To be settled, you must be free of immigration time limits or have permanent residence under EEA regulations or settled status under the EU Settlement Scheme.


Given the circumstances, is there any merit in requesting a review of the decision or should the child seek to potentially apply under the Private Life Rules on a 5 year route to settlement.

[secret.simon]

neither the child nor the parents currently have ILR

Neither of your parents is a British Citizen or ‘settled’.
You are not ‘settled’ in the UK. To be settled, you must be free of immigration time limits or have permanent residence under EEA regulations or settled status under the EU Settlement Scheme.

That is exactly why the child was refused registration.

The child has completed 10 years legal residence in the UK.

When did the child complete 10 years legal residence in the UK? Why didn't their parents apply for ILR for them when them complete d 10 years legal residence? Was proof of this 10 year legal residence submitted with the application? Have the child and parents maintained continuity of legal residence?

but they all have pending applications under the EUSS under the Zambrano category since 2021....The child also has 3 siblings all born in the UK and all British citizens.

Both irrelevant to being granted British citizenship.

If the child is 17 and has completed 10 years of legal residence at any point in time, it may be best of them to apply for ILR LR. They can then naturalise as an adult after completing one year on ILR and meeting all other naturalisation requirements.