Registration under Section 3(2) of the British Nationality Act 1981

Minors are entitled to registration as British citizens under s.3(2) of the British Nationality Act 1981 if:

  • born either outside the United Kingdom on or after 1 January 1983 and or born outside the United Kingdom and the qualifying territories on or after 21 May 2002; and
  • either parent ("the parent in question") was a British citizen by descent at the time of the child's birth; and
  • the mother or father of the parent in question (i.e. the child’s grandparent) became or, but for their death, would have become, a British citizen otherwise than by descent on 1 January 1983; and
  • the application was made while the child is still a minor; and
  • Either the parent in question:
    • had, at any time before the child's birth lived in the United Kingdom for a continuous period of 3 years; and
    • was in the United Kingdom at the beginning of that 3 year period; and
    • was not absent from the United Kingdom for more than 270 days in that 3 year period;
  • Or - if the child was born on or after 21 May 2002, the parent in question:
    • had, at any time before the minor's birth lived a qualifying territory for a continuous period of 3 years; and
    • was in that qualifying territory at the beginning of that 3 year period; and
    • was not absent from the qualifying territories for more than 270 days in that 3 year period; and
  • the Secretary of State is satisfied that the child is of good character.

The residence requirements as stated above do not apply if the child was born stateless. The permitted absence of 270 days can be taken at any time during the 3 year period before the child's birth, including at the end. There is no discretion to accept a period of absence longer than 270 days. This means that the parent in question may leave the United Kingdom (or the qualifying territories, if applicable) up to 270 days before the end of the 3 year period, and still meet the requirement, if he or she has no other absences during that period.

Registration under s.3(2) gives British citizenship by descent. An application under section 3(2) of the BNA 1981 is made using application form MN1.

Registration under Section 3(5) of the British Nationality Act 1981

Minors are entitled to registration as British citizens under s.3(5) of the British Nationality Act 1981 if:

  • they were born outside the United Kingdom on or after 1 January 1983 or outside the UK and the qualifying territories on or after 21 May 2002; and
  • at the time of the birth they had a parent who was a British citizen by descent; and
  • the application is made while they are minors; and
  • the child and both parents were in the United Kingdom at the beginning of the 3 year period ending with the date of the application; and
  • the child and both parents had not been absent from the United Kingdom for more than 270 days in that 3 year period; and
  • the consent of both parents is given to the application (see paragraph 10.8 below); and
  • if the child is aged 10 or over, the Secretary of State is satisfied that he or she is of good character ( applications made on or after 4 December 2006).

If the child was born illegitimate before 1 July 2006, all references to a parent or parents in above are references to the mother only unless the person’s birth was legitimated by the parents’ subsequent marriage.
If the child was born illegitimate on or after 1 July 2006, all references to a parent or parents above are references to the mother, and also the father if he satisfies the definition of "father".

If, on or before the date of application:

  • the child's father or mother died; or
  • the parents' marriage/civil partnership had ended in divorce, annulment, or dissolution; or
  • on the date of application the parents were legally separated,

then the residence requirements in as stated above need be met only by the child and either one of his/her parents.

If either of the child’s parents died on or before the date of application, the consent of the surviving parent only is required.

Registration under s.3(5) gives British citizenship otherwise than by descent. An application for registration of a Minor under section 3(5) of the BNA 1981 is made using application form MN1.

Why Choose Sunrise Solicitors For Your Child's Application For Registration As British Citizen Under Section 3(2) or 3(5)?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications of minors for registration as British Citizen under section 3(2) or 3(5) of the BNA 1981. The quality of our service is self-evident from our clients' reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your child's application for registration as a British Citizen and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your child's application for registration as a British Citizen under section 3(2) or 3(5) of the BNA 1981, the casework to be carried out by our immigration solicitors will include the following:

  • Taking detailed instructions from you and advise you about the relevant immigration laws and procedures to be adopted by the Home Office, UKVI in your child's application for registration as a British Citizen;
  • Discussing your child's Form MN1 application for registration as a British Citizen in detail with you and advising you about the weaknesses and strengths of your child's British Citizenship application;
  • Advising you about the documentary evidence to be submitted in support of your child's application for registration as a British Citizen;
  • Considering the contents of the documentary evidence to be submitted in support of your child's British Citizenship application and discussing the same with you;
  • Completing Form MN1 to apply for registration of your child as a British Citizen and discussing the same with you;
  • Advising you about two referees who have to complete and sign your child's application form as referees to meet the good character requirement;
  • Certifying all yours and your child's original documents as true copy of the original including yours and your child's passport(s) so that you can continue to travel while the application for British Citizenship is pending with the Home Office;
  • Preparing a cover letter to introduce and support your child's application for registration as a British Citizen;
  • Liaising with the Home Office, UKVI for a timely decision on your child's British Citizenship application and responding to any further information and/or documents required by the Home Office in support of your child's application;
  • Protecting your child's interests while his/her British Citizenship application is pending with the Home Office, UKVI and keeping you informed about the progress of your child's application for registration as a British Citizen;
  • Doing all the follow up work including responding to any queries raised by the Home Office, UKVI until decision is reached on your child's application by the Home Office, UKVI.

Our Fee For Your Child's Application For Registration As A British Citizen Under Section 3(2) or 3(5)

  • We will charge you a fee from £1,200 + VAT for our professional immigration services in relation to your child's application for registration as a British Citizen under section 3(2) or 3(5). The agreed fee will depend on the complexity of your child's application and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your child's matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalments.
  • The agreed fee will cover all our work until decision by the Home Office on your child's application for registration as a British Citizen. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, Home Office fee etc.

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