Understanding Section 3(5) of the British Nationality Act 1981: A Path to Citizenship
- Michael Crago
- Sep 28
- 4 min read
Updated: Oct 7
If a child is born outside the UK to a parent who is a British Citizen otherwise than by descent (meaning the parent cannot pass on citizenship automatically), Section 3(5) of the British Nationality Act 1981 (BNA 1981) provides a crucial path to citizenship after the family returns to the UK.
At Nuvora, we specialise in complex British nationality claims. We focus on securing these entitlements precisely, ensuring the child's citizenship is granted as a right, not a discretionary favour. This guide details the strict requirements for registration under Section 3(5).
What is Section 3(5) of the BNA 1981?
Section 3(5) grants a child the legal entitlement to be registered as a British citizen if they meet a specific set of residency criteria in the UK, alongside the parent who is British by descent. This provision exists to allow the parent to "re-establish" the family's connection to the UK.
Crucially, it is an entitlement, not a discretionary application. If the statutory requirements are met, the Home Secretary must register the child (unless the child is barred on good character grounds).
Eligibility Requirements: Do You Qualify?
To secure the entitlement for registration under Section 3(5), the following stringent requirements must be met on the date of the application:
Child's Status at Birth: The child must have been born outside the UK and, at the time of birth, had a parent who was a British Citizen by Descent.
Age: The child must be a minor (under 18 years old).
Physical Presence (3-Year Period): The child and both parents must have been ordinarily resident in the UK for a continuous period of three years immediately preceding the date of application.
Absence Limits (3-Year Period): During this three-year qualifying period, the child and both parents must not have been absent from the UK for more than 270 days total.
Physical Presence (Start Date): The child and both parents must have been physically present in the UK at the beginning of the three-year qualifying period.
Parental Consent: The consent of both parents must be given for the application.
Good Character: The child must be of good character if aged 10 or over.
The Challenge: The Dual-Parent Requirement
The most challenging aspect of this section is the requirement that the child and both parents must have met the continuous 3-year residence and absence requirements. If the parents are divorced, legally separated, or if one parent has died, this rule may be modified. However, specialist advice is necessary to confirm the exact requirements that apply.
The Application Process: Step-by-Step
The application must be made using Form MN1. Here’s a step-by-step guide to the process:
Establish Entitlement: Verify that the child and both parents meet the strict 3-year residence, absence, and physical presence criteria. This is non-negotiable.
Gather Evidence: Collect extensive documentation for the 3-year period for the child and both parents, including:
Passports showing entry/exit stamps.
Joint tenancy agreements, mortgage statements, or council tax bills for the entire 3 years.
School or nursery records for the child.
Utility bills in both parents’ names.
Complete and Submit Form MN1: File the application online via the UK government website. Ensure the correct section (3(5)) is clearly indicated.
Pay the Fee: The relevant fee must be paid online.
Biometrics: The child (and usually the parents, as the applying adults) will attend a UKVCAS service point for biometrics.
Decision: The application is typically processed within 6 months. Upon success, the child is registered as a British citizen.
What Does it Cost?
As of the date of this post (late 2025), the core fees for registration under Section 3(5) are:
Application Fee (MN1): Approximately £1,214.
The fee includes the cost of the citizenship certificate. However, please note that the ceremony fee is approximately £130 if the child turns 18 while the application is pending.
The Path Leading to Citizenship
A successful application under Section 3(5) grants the child British Citizenship otherwise than by descent. This is the highest level of citizenship, which means:
The child can apply for a British passport.
The child can pass on British citizenship to any children they have, regardless of where those children are born (subject to normal BNA rules).
Securing Your Child's Legal Entitlement
The Section 3(5) application demands a level of precision in calculating absences and compiling residency evidence for all three parties (child and both parents) that leaves no room for doubt. Given that this is an entitlement, failure to meet the requirements precisely means losing the right.
Nuvora specialises in dissecting complex nationality situations to ensure every statutory requirement is met perfectly. We aim to simplify the process for you.
Why Choose Nuvora?
At Nuvora, we understand that navigating the complexities of UK immigration can be daunting. Our team is dedicated to providing clear guidance and support throughout your journey. We believe in empowering our clients with the knowledge they need to make informed decisions.
Book a consultation today with one of our IAA-qualified immigration professionals to secure your child’s absolute right to British citizenship.
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