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A Complete Guide to Registering a Child Under Section 1(3) of the British Nationality Act 1981

When a child is born in the UK but neither parent holds British citizenship or settled status, the child does not acquire British citizenship automatically. However, their status is only deferred: they gain an entitlement to citizenship the moment one parent achieves permanent status.


This application, under Section 1(3) of the British Nationality Act 1981 (BNA 1981), is one of the clearest and least discretionary routes in nationality law.


At Nuvora, we specialise in securing these family entitlements, ensuring that a child's right to citizenship is exercised promptly and correctly. This guide outlines the straightforward requirements for registration under Section 1(3).


What is Registration Under Section 1(3)?


Section 1(3) grants a child born in the UK the legal right (entitlement) to be registered as a British citizen if, while the child is a minor:


  1. Their father or mother subsequently becomes a British Citizen; OR

  2. Their father or mother subsequently becomes settled in the UK (i.e., granted Indefinite Leave to Remain or Settled Status under the EU Settlement Scheme).


Because it is an entitlement, the Home Secretary must grant the application if the statutory criteria are met.


Eligibility Requirements (Do You Qualify?)


To secure the entitlement for registration under Section 1(3), the following criteria must be met:


  1. Birth in the UK: The child must have been born in the United Kingdom on or after 1 January 1983.

  2. Initial Status: The child must not have been a British citizen at birth (i.e., neither parent was British nor settled at the time of birth).

  3. Parental Status Change: While the child is a minor (under 18), one or both parents must have since achieved British Citizenship or Settled Status (ILR/EU Settled Status).

  4. Age: The application must be made before the child's 18th birthday.

  5. Good Character: The child must be of good character if aged 10 or over.

  6. Parental Consent: Where both parents hold parental responsibility, consent for the application is generally required from both.


The Challenge: Waiting is Costly


Unlike other complex routes, the challenge here is timing. While the child is entitled to register as soon as a parent is settled, the cost of the application fee is often substantial. Therefore, the strategic challenge is advising the client whether to apply immediately (securing the child's status and British passport) or waiting, accepting the fee but risking any future complication near the child's 18th birthday.


The Application Process: Step-by-Step


The application for registration is made using Form MN1.


  1. Establish Parental Status: The parent must first secure their ILR/Settled Status or British Citizenship. This is the prerequisite event.

  2. Gather Documents: Compile the child's full UK birth certificate and the formal document proving the parent's newly acquired status (e.g., ILR BRP/Grant Letter, Naturalisation Certificate, or British Passport).

  3. Complete Form MN1: File the application online, clearly specifying Section 1(3).

  4. Pay the Fee: The relevant application fee must be paid online.

  5. Biometrics: The child will attend a UK Visa and Citizenship Application Services (UKVCAS) service point for biometrics.

  6. Decision and Ceremony: The Home Office aims for a decision within 6 months. The child receives a Certificate of Registration and attends a citizenship ceremony (if aged 10 or over).


What Does it Cost?


The registration fee is statutory and must be paid in full at the time of application.


  • Application Fee (MN1): Approximately £1,214 (total fee for children under 18).


The fee is not refundable if the application is withdrawn or refused, emphasizing the need for meticulous document submission.


The Path to Citizenship


A successful application under Section 1(3) results in the child being registered as a British Citizen otherwise than by descent. This is the most secure form of citizenship, meaning:


  • The child can immediately apply for a British passport.

  • The child can pass on British citizenship to any children they have, regardless of where those children are born.


Securing Your Child's Statutory Right


The simplicity of the Section 1(3) criteria belies the high cost and the absolute necessity of submitting the correct evidence. Incorrect documentation proving the parent's status or the child's birth will lead to delays or refusal.


Nuvora ensures that your child’s entitlement is exercised without delay or error, securing their future as a British citizen immediately upon your own settlement.


Book a consultation today with one of our IAA-qualified immigration professionals to claim your child's legal right to citizenship.

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