Scenarios where we would normally expect to register a child under section 3(1)
Children applying in line with their parents
Children applying in line with their parents We recognise that a number of children apply for registration under section 3(1) at the same time as their parents apply for naturalisation. Such children have usually been living in the UK with the parents and have completed a period of lawful residence.
You must normally register where:
one parent is a British citizen or about to become one through registration or naturalisation
the other parent (if involved in the child’s life) is a British citizen or settled in the UK
the child has been resident in the UK for the last 2 years - (if the child is under the age of 2 you can accept a shorter residence period, taking into account the age of the child)
the child is settled in the UK
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds
If a child does not meet all of the above criteria, you must consider whether the child meets any of the other scenarios where we would normally register. If not, you must consider in line with the guidance registering exceptionally below.
Children with settlement and residence
We recognise that some parents may be settled and established in the UK but choose not to become British citizens for valid reasons, such as their own country’s attitude to dual nationality, or to avoid losing rights in their own country. We recognise that their child living in the UK may have nevertheless built up their own connections and still feel a sense of belonging and strong connection with the UK. We therefore do not think it will always be appropriate to expect such a child to have to wait until the age of 18 to apply to naturalise, if the child is an older minor and established in the UK.
You must normally register where:
the child has completed a period of lawful residence in the UK of more than 5 years
the child has been granted settled status in the UK, and held that status for at least 12 months (if an earlier application is made you must consider whether there are compelling grounds to overlook this expectation, taking into account the reasons for exercising discretion over time spent in the UK when subject to immigration time restrictions in the naturalisation guidance)
the child’s parents have completed a period of 5 years’ residence and are settled in the UK
the child is of good character
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds
If a child does not meet all of the above criteria, you must consider whether the child meets any of the other scenarios where we would normally register. If not, you must consider in line with the guidance registering exceptionally below.
Children who have lived in the UK for more than 10 years
If a child has lived in the UK for more than 10 years you must normally register the child if the expectations below about lawful residence and parents’ status are met, in addition to the good character requirement. 10 years is the length of time required for a child born here to have lived in the UK to have an entitlement to register under section 1(4) of the British Nationality Act 1981. As such, 10 years constitutes a significant period of residence for a child to demonstrate a strong connection with the UK. If a child has fewer than 10 years’ residence in the UK, you must consider them against the criteria for registering exceptionally below.
You must normally register if a child has lived in the UK for more than 10 years and:
the child is in the UK lawfully
the parents have regularised their own status
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds
However, each case must be considered on its own merits, weighing up arguments made about the individual child’s best interests, and taking into account the normal expectations below.
Where a child has been in the UK fewer than 10 years, it may nevertheless still be appropriate to register – see the section on registering exceptionally below.
Expectations for a child who has lived in the UK for 10 years
Compliance with immigration law – child who has lived in the UK for 10 years
We would normally expect the child to be lawfully in the UK. To grant citizenship to a child who is here unlawfully could potentially undermine the immigration system, as it could be viewed as rewarding or incentivising non-compliance. However, we recognise that there may be cases where the unlawfulness was beyond the child’s control.
If the child is not here lawfully you must consider whether there are exceptional reasons to grant, in which the reasons put forward for granting citizenship outweigh the need to promote compliance with the immigration law. In considering this, you must take into account the age of the child, the connections they have established with the UK, their length of residence, and their particular circumstances. (For example, it may be appropriate to register an older minor who has lived in the UK since they were a baby, has completed all of their schooling in the UK and has demonstrated very strong personal connections with the UK through relationships and involvement in community groups.)
For younger children (who are not in local authority care) who are in the UK unlawfully, you must not normally grant the application, unless there are exceptionally compelling grounds that justify moving the child from being here unlawfully to becoming a British citizen. Such younger children are not usually at a critical point in their lives where they might lose out on opportunities.
Parents’ status - child who has lived in the UK for 10 years
We would normally expect the child’s parents to be here lawfully, as this means that the family’s future is likely to be in the UK.
It may be argued that for a child who has lived most of their life in the UK and formed connections here, it is in their best interests to secure their status. However, this is more apparent for older minors who have formed their own independent connections (which they would expect to continue were the parents to leave the UK). A younger child’s future, however, will normally follow that of the parents, and so their future intentions may not clearly lie in the UK. The best interests of a younger child could be to follow their parents’ residence and status.
In the case of an older teenager, you must therefore consider whether the arguments put forward about the child’s interests and strength of connection outweigh the fact that their parents are not here lawfully. If so, and the other expectations are met, you may grant the application.
For younger children, if the parent’s status in the UK is precarious (for example, if they are here unlawfully, or are subject to removal action), the child’s future may not lie in the UK. You must weigh up whether the child’s circumstances are such that there are significant grounds to register, which outweigh the fact that their future may not be in the UK.
British parent in service which becomes designated or community institution service
A child who is born to a parent who is a British citizen in designated or community institution service overseas may be a British citizen, subject to where the parent was recruited.
This section applies to children who were born whilst the parent was in such service, but before the service was designated or admitted as a community institution.
Exercising discretion in this scenario aims to place the child in the same position as a child born to a British parent after the service becomes designated or its admission as a community institution.
You must normally register a child if:
they were born before the date of designation or admission as a community institution
the mother or father is, or was at their death, a British citizen by descent
the parent is, or would have been, in designated service or community institution service on the date of the application
at the time of the child’s birth the parent was in that service before it was designated or admitted
where necessary, both parents consent to the registration or any objections by the non-applying parent are ill founded
there is no reason to refuse on character grounds
Documentary evidence to be supplied
The evidence will vary according to the circumstances of the parents. In every case you must expect to see evidence supplied from the documents listed below:
the child’s birth certificate showing parents’ details
the relevant parent’s birth certificate showing his or her parents’ details
the parents’ marriage certificate if appropriate
the grandparents’ birth and marriage certificates if appropriate
evidence that the parent was in the relevant service at the time of the birth
evidence of the place of recruitment
Children born to a parent who has renounced and subsequently resumed British citizenship
You must normally register a child if:
the mother or father has renounced and subsequently resumed British citizenship
the child was born before the date of resumption
that parent either:
became a British citizen otherwise than by descent on resumption
was a British citizen by descent and the child would have an entitlement to registration under section 3(2) or 3(5) of the British Nationality Act 1981 had the parent not renounced
where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded,
there is no reason to refuse on character grounds
Documentary evidence to be supplied
The evidence will vary according to the circumstances of the parents. In every case you must expect to see:
the child’s birth certificate showing parents’ details
the relevant parent’s birth certificate showing his or her parents’ details
the parents’ marriage certificate if appropriate
the grandparent’s birth and marriage certificates if appropriate
evidence of renunciation and resumption (you will find evidence in the applicant’s case notes history on CID)
Children born to a parent registered under section 4C, 4G, 4H, 4I or 4L of the British Nationality Act 1981
Section 4C of the British Nationality Act 1981 allows those born abroad before 1 January 1983 to British mothers to be registered as a British citizen. Sections 4G, 4H and 4I are registration provisions for those who would have become British automatically if their parents had been married. Section 4L allows for a person to be registered if they would have been, or been able to become, a British citizen, but for historical legislative unfairness, an act or omission of a public authority, or exceptional circumstances relating to that person. Any child born in the UK after the parent is registered will be a British citizen, and a child born outside the UK may be able to register under section 3(2) or 3(5).
You must normally register a child if:
the child was born before the parent registered under one of the above sections
if the parent had registered before the child’s birth, the child would be a British citizen or have an entitlement to be registered under section 3(2) or 3(5)
where necessary both parents consent to the registration or any objections by the non- parent are ill founded
there is no reason to refuse on character grounds
Documentary evidence to be supplied
Applications under sections 4C, 4G, 4H, 4I and 4L must be supported by the following evidence:
the child’s birth certificate showing parents’ details
the relevant parent’s birth certificate showing their parent’s details
the parents’ marriage certificate if appropriate
the grandparents’ birth and marriage certificates if appropriate
evidence of the parent’s registration
Children adopted by British citizens
Special consideration needs to be given to children adopted abroad, and the decision in such cases will depend very much on the circumstances of the adoption.
The guidance below provides advice on when you should and should not register a child. Children adopted overseas by British citizens may have an automatic claim to British citizenship under section 1(5) of the British Nationality Act 1981 if the adoption is a Hague Convention adoption. It will only be necessary to consider the case for registration under section 3(1) if section 1(5) does not apply.
Overseas adoptions recognised by UK law
Where section 1(5) does not apply you must normally only register children adopted overseas by a British citizen in countries or territories whose adoption procedures are recognised by the UK, and subject to the additional criteria below. Countries and territories whose adoption procedures are recognised by the UK include those listed in:
The Adoption (Recognition of Overseas Adoptions) Order 2013
The Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013
the Hague Convention on inter country adoption
The additional criteria are that:
the adoption is not informal or temporary
under the law of the country where the adoption took place the child is the child of the adoptive parents alone and the legal relationship with the birth family has been completely terminated
at least one of the adoptive parents is a British citizen otherwise than by descent
the current parent or parents have consented
there is no reason to refuse on character grounds
you are satisfied that all relevant adoption laws have been adhered to, this includes the laws of the country in which the adoption has taken place, the country of origin of the child and the country in which the adoptive parents are habitually resident
you are satisfied the adoption is not one of convenience arranged to facilitate the child’s admission to the UK
If some or all of the criteria set out in the above paragraph are not met, you must consider the application on its merits and only register the child if there are exceptionally compassionate or compelling circumstances.
Even where the above criteria are met, there may be reasons why the child should not be registered. This could be where there are serious doubts about an adoptive parent’s character or suitability to adopt a child, or irregularities in the adoption procedure. To register a child in these circumstances could circumvent measures intended to safeguard children.
You must normally refuse applications for registration under section 3(1) made solely on the grounds that the applicant had been adopted by a British citizen in a country or territory whose procedures are not recognised by UK law. However, you must consider all applications on their merits, and you may register the child as a British citizen if there are exceptional, compelling or compassionate circumstances justifying a grant of British citizenship. This may be the case even where there is an intention to remain outside the UK.
Children brought to the UK with a view to adoption in the UK
Sometimes British citizens bring children to the UK either having gone through a form of adoption which is not recognised as such in the UK, or sometimes without any formality in the country of origin at all. If permitted to enter the UK, the children will usually be given limited leave to enter pending the completion of adoption proceedings in the UK. You must normally refuse any application for registration until the formal adoption process is complete and the parents have been given formal responsibility by the courts.
Adoption in the UK and qualifying territories
By virtue of section 1(5) of the British Nationality Act 1981 a child will become a British citizen on the date of adoption, where they are:
not a British citizen at birth
adopted by order of a court in the UK, on or after 21 May 2002, in a qualifying territory:
provided the adopter, or in the case of joint adoption, one of the adopters is a British citizen
If an adoption order has been refused and an application for registration is made under section 3(1) you must examine the reasons for refusal to see if they are relevant to the application. You must confirm whether the person making the application on behalf of the child has any parental responsibility or authority to act on the child’s behalf.
When someone other than the parent has parental responsibility, you would normally expect the usual criteria to be met, including that relating to the citizenship and immigration status of the parents.
Evidence to be supplied in adoption cases
In all adoption cases the following evidence is required:
the child’s birth certificate, or where the child has been abandoned, a certificate of abandonment from the authorities previously responsible for the child
evidence of the relevant adoptive parent’s claim to British citizenship otherwise than by descent
the consent of the adoptive parents to the registration
the adoption order
a contemporary report from the overseas equivalent of the social services department which details:
the child’s parentage and history
the degree of contact with the original parents
the reason for adoption
the date, reason and arrangements for the child’s entry into an institution or foster placement
when, how and why the child came to be offered to the adoptive parents
evidence of the parents’ country of usual residence
Where the parents are usually resident in the UK confirmation that they have been assessed and approved as eligible to become an adoptive parent. If there are any doubts about the validity of the documentation provided, the Department for Education (DfE) can be contacted for confirmation that the parents have had the relevant approval. DfE hold details on all approvals not just those in England and Wales from either:
Department for Education - for those in England and Wales
the Scottish Government Care and Justice Division (for those parents in Scotland)
from the Department of Health, Social Services and Public Safety - Northern Ireland (for those resident in Northern Ireland)
Where the parents are not usually resident in the UK, evidence from the equivalent of the social services in their country of residence that all relevant adoption laws have been complied with.
If it is clear from Home Office papers that the UK immigration authorities have already seen the adoption order and have accepted the adoption for immigration purposes, you do not need to see it again.
Children of unmarried British citizen or settled fathers
Fathers could not transmit British citizenship or the benefits of their settled status to their children born before 1 July 2006, unless they were married to the child’s mother at the time of the birth (section 50(9) of the British Nationality Act 1981 (BNA 1981). However, a child’s birth could be legitimated, if the parents later married and the marriage served to legitimate the child in the law of the place where the father was domiciled at the time of the marriage.
Section 9 of the Nationality, Immigration and Asylum Act 2002 amended the British Nationality Act 1981 to allow unmarried fathers to transmit citizenship to their children born on or after 1 July 2006, provided there is satisfactory evidence of paternity. The changes do not apply to anyone born before that date.
Sections 4F to 4I of the British Nationality Act 1981 came into force on 6 April 2015. These provide a number of registration routes for those born who would have automatically become British citizens or would be entitled to registration under other provisions of the British Nationality Act 1981, had their parents been married at the time of their birth.
If a child has an entitlement to register under sections 4F to 4I, they must be registered under that relevant section. However, where a child does not qualify under any of those provisions, you must normally register the child under section 3(1) if they were born to a British citizen or settled father, and the criteria below are all met:
you are satisfied about the paternity of the child
you have the consent of all of those with parental responsibility (see parental consent guidance)
had the child’s parents been married they would normally have registered under section 3(1)
if the child is 10 years or older there is no reason to refuse on character grounds
Children born on or after 1 July 2006
Where a child’s mother is married at the time of the birth, her husband (and no other man) is regarded as the father of any child born to her on or after 1 July 2006.
However, where there is evidence that a British or settled man, and not the mother’s husband, is the child’s natural father, the child can apply under section 4F or 4G – see the guidance on Children of British Parents.
There is no fee for applications under 4F and 4G. If, however, on considering the case you find that the child does not qualify under 4F or 4G, but there are nevertheless grounds to register under section 3(1), you must request the fee.
If a child would qualify for registration under section 1(3A) but cannot do so because their mother was married to someone other than their natural father, you must consider registering under section 3(1) where:
the child would qualify under section 1(3A) if the parents were married
they are of good character if over the age of 10
How to decide the paternity of the child
The British Nationality (Proof of Paternity) Regulations 2006 (2006 regulations) came into effect on 1 July 2006 and were amended on 10 September 2015. These regulations set out the requirements to be met to prove paternity in cases where:
the mother was not married at the time of the child’s birth
no provision is made by section 28 of the Human Fertilisation and Embryology Act 1990, or sections 35, 36, 42 and 43 of the Human Fertilisation and Embryology Act 2008 as to the identity of the father, see Surrogacy guidance
In such cases 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 issued within 12 months 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
You must not mandate DNA evidence as this is not a requirement. Applicants can choose to volunteer DNA evidence, either proactively or in response to an invitation to submit further evidence. Where applicants choose not to volunteer DNA evidence, no negative inferences can be drawn from this. See DNA policy guidance for full instructions on the use and consideration of DNA evidence to prove a biological relationship.
Where a person is named as the child’s father on a birth certificate issued within 12 months of the birth before 10 September 2015, he must be recognised as the father, unless there is conclusive evidence that the paternity claim was made fraudulently.
Where the child’s birth was registered on or after 10 September 2015 you must take into account the fact that a man is named as the father on a birth certificate along with any other evidence that is available. In most circumstances the fact that a father is named on the birth certificate will be sufficient evidence of paternity, unless there is any information to suggest that the details on the birth certificate are not true. This might be where the parents were not in the same country at the time of conception, or another man claims to be the father, or there is DNA evidence to suggest that the child is not related as claimed to the man named on the birth certificate. In such cases the birth certificate can be discounted if there is conclusive evidence to show that another man is in fact the child’s natural father.
Although the 2006 regulations only apply to children born on or after 1 July 2006, you should expect to see the same evidence in support of an application for registration under section 3(1).
The 2006 regulations do not specify what forms of evidence apart from those specifically mentioned might be acceptable. However, you may normally accept that a man is the father of a child if paternity has been acknowledged in some other official context, for example, if the child was born abroad and the relationship has been accepted for UK immigration purposes.
Evidence to be supplied
Applications should be supported by the following evidence:
father’s birth certificate
child’s birth certificate showing parents’ details
evidence of paternity
if necessary, the consent of the non-applicant parent
if the child was born abroad and the father is a British citizen by descent the case meets the criteria for all other minors, see other applications under section 3(1)
Children born to surrogate mothers
General guidance on surrogacy and how to identify the legal parents in such cases may be found in the surrogacy guidance. In most cases the commissioning couple will have no legal relationship to the child and will therefore be unable to pass on the benefits of British citizenship or settled status automatically.
Where a man is the biological father of the child
In some cases, a commissioning father who is biologically related to the child will be able to pass on citizenship automatically to a surrogate child, where the mother is not married and proof of paternity can be produced. However, where the surrogate mother was married to someone else at the time of the birth, her husband is the ‘father’ for nationality purposes.
You must normally register the child where:
you are satisfied about the paternity of the child
you have the consent of all those with parental responsibility
had the child’s parents been married the child would have qualified for one of the following:
an automatic claim to British citizenship under either section 1(1) or 2(1) of the British Nationality Act 1981
an entitlement to registration under either section 1(3), section 3(2) or section 3(5)
registration under section 3(1)
there is no reason to refuse on good character grounds if the applicant is over the age of 10 years
Where a man is not the biological father of the child and cannot meet the definition of ‘father’ in the BNA 1981
You must normally register the child if:
you have the consent of all those with parental responsibility including a notarised statement of consent from the surrogate mother
you are satisfied that had the child’s parents been married:
the child would have had an automatic claim to British citizenship under either section 1(1) or section 2(1) of the British Nationality Act 1981
the child would have had an entitlement to registration under either section 1(3), section 3(2) or section 3(5)
we would normally have registered under section 3(1)
there is no reason to refuse on good character grounds if the applicant is over the age of 10 years
the man has either:
an order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008, directing that he be treated as the child’s father
a legal document confirming that he has been recognised as the child’s father within the jurisdiction of the child’s birth, such as a court order or being named on the birth certificate and evidence that the surrogate mother consented to the arrangement after the birth (this is not needed if a post-birth order has been obtained) - this should be dated at least 6 weeks after the birth
Where a woman (whether the child’s biological mother or not) falls outside the definition of ‘mother’ in the BNA 1981
You must normally register the child if:
you have the consent of all those with parental responsibility including a notarised statement of consent from the surrogate mother
you are satisfied that had the woman been the child’s mother for BNA 1981 purposes:
the child would have an automatic claim to British citizenship under either section 1(1) or section 2(1) of the BNA 81
the child would have had an entitlement to registration under either section 1(3), section 3(2) or section 3(5)
we would normally have registered under section 3(1)
there is no reason to refuse on character grounds
the woman has either:
an order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 of the Human Fertilisation and Embryology Act 2008, directing that she be treated as the child’s mother
a legal document confirming that she has been recognised as the child’s mother within the jurisdiction of the child’s birth, such as a court order or being named on the birth certificate and
evidence that the surrogate mother consented to the arrangement after the birth (this is not needed if a post-birth order has been obtained) - this should be dated at least 6 weeks after the birth
Children born to a woman who is the civil partner of a British citizen
The mother of a child for British nationality purposes is the woman who gives birth to that child. From 6 April 2009, the Human Fertilisation and Embryology Act 2008 provides for the mother’s female partner to be treated as the parent of the child. If a child was conceived before the act came into force, and the mother’s civil partner is a British citizen, irrespective of whether or not she is biologically related to the child you must consider registering if:
you have the consent of all those with parental responsibility
you are satisfied that had the woman been the child’s mother for British Nationality Act 1981 purposes:
the child would have an automatic claim to British citizenship under either section 1(1) or section 2(1) of the BNA 81
the child would have had an entitlement to registration under either section 1(3), section 3(2) or section 3(5)
we would normally have registered under section 3(1)
there is no reason to refuse on character grounds
Children previously recognised as a British citizen in error
Cases occasionally come to light where a child was issued a British citizen passport or certificate of entitlement to the right of abode but is not in fact a British citizen. These cases are often referred by His Majesty’s Passport Office.
You must consider whether the child currently has an entitlement to registration or meets the normal expectations for registration at the Home Secretary’s discretion under section 3(1). If so, you must decide the application in the normal way.
If the child would not qualify now, for reasons other than good character, you must consider whether they would have done so at the time the original application was made for a passport or certificate of entitlement, or at some point since. If the child would have met the requirements or usual expectations at that time, you may grant the application now, providing the child is of good character.
If the child does not meet the usual requirements now and would not have done so at any point since the passport or certificate of entitlement was issued incorrectly, the application should normally be refused.
Registering exceptionally under section 3(1)
This section deals with applications under section 3(1) of the British Nationality Act 1981 which do not fit within the criteria above. In all cases, the application must be considered on its individual merits taking into account the following considerations when deciding whether or not to exercise discretion.
The expectation is that registration should normally only take place where a child satisfies the criteria set out elsewhere in this guidance. However, under section 3(1) of the BNA 1981 the Home Secretary has discretion to register a person under the age of 18 at the date of application where they see fit to do so.
In considering whether it is appropriate to register a child on this basis, you must take all of the following factors into account:
the child’s future intentions
the child’s parents’ circumstances
residence in the UK
the child’s immigration status
any compelling compassionate circumstances raised as part of the application
Child’s future intentions
You must be satisfied that a child’s future is clearly seen to lie in the UK before you register them under this provision.
You should normally accept that a child’s future lies in the UK where this is stated in their application unless there is information to cast doubt on this, such as:
the child, or one or both of their parents, has recently left the UK for a period of more than 6 months
the child is about to leave the UK
one or both parents are resident abroad
Where you have reason to doubt a child’s future lies in the UK you must seek further clarification. If you are still not satisfied that the child’s future is in the UK, you should refuse the application.
Where the child is in the UK at the time of application you should normally accept that they meet this expectation if:
their future intentions are confirmed on the application form
they meet the residence criteria
they have an established home in the UK
Where the child is outside the UK at the time of their application an application for registration should normally be refused unless it meets the criteria set out in this guidance or if either:
the child is abroad with a parent in Crown service such as the armed forces
the child had an established home in the UK before going abroad and:
they meet the residence criteria
their absence was, or will not be, more than 6 months
you are satisfied that the child intends to return to live in the UK no later than 6 months after the date of their departure
Child’s parents’ circumstances
We would normally expect at least one of the child’s parents to be a British citizen, and for the other parent (if involved in the child’s life) to be settled in the UK. This suggests that the family’s future is likely to be in the UK.
If neither parent is a British citizen
If neither of the child’s parents is a British citizen, you should consider whether there are exceptional grounds to register, taking into account all the circumstances of the case, including whether the parents are settled in the UK and any compelling circumstances.
It will rarely be right to register a child neither of whose parents is, or is about to become, a British citizen. However, each case must be considered on its individual merits and there may be exceptional circumstances to justify registration in a particular case such as:
older children (16 and above) who have spent most of their life in the UK or children who require citizenship to follow a particular career such as in the Armed Forces
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
Where one parent is a British citizen, but the other parent is not settled
If a parent is on a route to settlement, there may be options elsewhere in this guidance for a child:
if the child is settled, but not the parent, the child could apply on the basis of settlement and residence
if the parent is on a route to settlement, the child could apply once the parent becomes settled under the criteria for granting in line with the parents - this includes children of parents with refugee status or humanitarian protection
If the other parent is not settled in the UK, you should consider whether there are any compelling or compassionate circumstances, taking into account any exceptional reason why the child needs to be a British citizen now, rather than waiting until the parent becomes settled.
Where the parents do not have immigration status in the UK
If the child has lived in the UK for 10 years, you should consider if the criteria are met for children who have been resident in the UK for 10 years. If those criteria are not met, and the child’s parents do not have immigration status in the UK, you must consider:
whether the arguments advanced in favour of the child being granted citizenship and their strength of connection to the UK outweigh the fact that their parents are not here lawfully
if there are compelling circumstances that mean that it is appropriate to grant citizenship exceptionally, despite the fact that the family are here unlawfully and. as a result, that their family’s future may not be in the UK
Children not living with their parents
In cases where there is no parent, the parents are overseas, or the child is in care you should focus on where the child’s future is likely to be – either in the UK or not.
If the child’s parents have divorced or separated and the child does not have ongoing contact with the other parent, you should be satisfied that the parent who has day-to-day responsibility for the child meets the usual criteria relating to parent’s status.
Unless the applicant child falls under one of the situations above the application is likely to be refused. Not having enough money for a parent to also apply is not considered grounds for discretion. These applications are by discretion and citizenship is considered a privilege not a right.
