A Complete Guide to Registering a Child Under Section 3(2) of the British Nationality Act 1981
- Michael Crago
- Oct 7
- 3 min read
If you are a British Citizen who acquired your status by descent (i.e., you were born outside the UK to a British parent), you cannot automatically pass citizenship to your children born abroad. Without intervention, your child would be the third generation born overseas, losing the link to the UK.
Fortunately, Section 3(2) of the British Nationality Act 1981 (BNA 1981) provides a statutory entitlement for your child to be registered, provided you established a significant connection to the UK before their birth.
At Nuvora, we specialise in securing these multi-generational nationality claims, ensuring the citizenship link remains unbroken. This guide details the strict requirements for registration under Section 3(2).
What is Registration Under Section 3(2)?
Section 3(2) provides a legal right (entitlement) for a child to be registered as a British citizen if:
They were born outside the UK to a parent who is British by Descent.
The British parent can demonstrate sufficient time spent residing in the UK prior to the child's birth.
If successful, the child is registered as a British Citizen by descent. While this status has limitations for passing citizenship to the next generation, it secures their current nationality and British passport rights.
Eligibility Requirements (Do You Qualify?)
To secure the entitlement for registration under Section 3(2), the following stringent criteria must be met:
Child's Status: The child must have been born outside the UK and be a minor (under 18) when the application is made.
Parent's Status: The child's "parent in question" (either mother or father) must have been a British Citizen by Descent at the time of the child's birth.
Grandparent's Status: The child's grandparent (parent of the British by Descent parent) must have been a British Citizen otherwise than by descent (OTBD). This is the key requirement, showing the family's otherwise than by descent link to the UK.
Pre-Birth Residence: The British by Descent parent must have lived in the UK (or a qualifying British Overseas Territory) for a continuous period of 3 years ending with a date no later than the date of the child's birth.
Absence Limit: During that 3-year period, the parent must not have been absent from the UK for more than 270 days in total.
Good Character: The child must be of good character if aged 10 or over.
Parental Consent: Both parents must usually consent to the application.
The Challenge: Historical Evidence
The primary challenge of this route is proving the parent's historical 3-year residency that ended potentially decades ago. This requires meticulous evidence—such as old passports, school records, employment letters, or utility bills—that precisely documents residence and absences before the child was even born.
The Application Process: Step-by-Step
The application for registration is made using Form MN1.
Document Historical Residency: The most critical step is collating evidence proving the parent's exact 3-year residence period and total absences (max 270 days) which occurred before the child's birth.
Verify Lineage: Gather birth and marriage certificates to prove the chain of descent and the grandparent's OTBD status.
Complete Form MN1: File the application online, clearly specifying Section 3(2).
Pay the Fee: The relevant application fee must be paid online.
Biometrics: The child will attend a UK Visa and Citizenship Application Services (UKVCAS) service point for biometrics.
Decision: The application is typically processed within 6 months. As it is an entitlement, it must be granted if all requirements are strictly met.
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 Path to Citizenship
A child successfully registered under Section 3(2) is granted British Citizenship by descent.
Status: They can immediately apply for a British passport.
Limitation: Because the status is "by descent," this child cannot automatically pass their British citizenship to their own children if they are born outside the UK. If they later move to the UK and naturalise as an adult, they can convert their status to "otherwise than by descent," securing their future generation's link to the UK.
Securing Your Child's British Link
The Section 3(2) route is a complex legal lifeline requiring robust documentary proof of a historical event—the parent's pre-birth residence. Do not rely on assumptions about UK residence records.
Nuvora specialises in dissecting these historical nationality cases to ensure your evidence meets the strict statutory thresholds.
Book a consultation today with one of our IAA-qualified immigration professionals to confirm your child's legal right to British citizenship.
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