By Alexandra Pease – Immigration Barrister
If you don’t qualify for British citizenship robotically, chances are you’ll be eligible to use for Registration as a British citizen, both by the use of an entitlement or on a discretionary foundation. On this article we discover entitlement to registration as a British citizen for these born within the UK on or after 1 January 1983 and who’ve spent the primary 10 years of their life within the UK.
What Are the Necessities for Registration as a British Citizen?
Part 1(4) of the British Nationality Act 1981:
An individual born in the UK after graduation who is just not a British citizen by advantage of subsection (1) or (2) shall be entitled, on an utility for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards every of the primary ten years of that individual’s life, the variety of days on which he was absent from the UK in that yr doesn’t exceed 90.
Due to this fact, grownup or minors are entitled to registration below s.1(4) of the BNA 1981 in the event that they:
- had been born within the UK;
- they weren’t a British citizen at start as on the time of start;
- they’re aged 10 years or over on the date of the appliance;
- they’ve lived within the UK for the primary 10 years of their life and haven’t been exterior of the UK for greater than 90 days in every of the primary 10 years; and
- the Secretary of State is happy they’re of excellent character.
Registration below this provision offers British citizenship in any other case than by descent.
What If I Have Been Absent for Longer Than 90 Days?
Part 1(7) British Nationality Act 1981 permits for discretion to grant an utility the place there are longer absences than 90 days.
You need to usually waive extra absences if:
- the variety of days absent from the UK in any one of many years doesn’t exceed 180 days and the entire variety of days over the ten yr interval doesn’t exceed 990 days
- the variety of days absent exceeds 180 or 990 respectively however was because of circumstances past the household’s management, equivalent to a severe sickness
It’s essential to not waive extra absences over 180 days in a single yr or 990 days within the 10 yr interval the place:
- the one motive was that the applicant was unaware of the necessities, with out there being any particular circumstances
- the mother and father’ absences with the kid had been totally voluntary
What Proof Ought to I Present To Register a Baby Born within the UK as a British Citizen After 10 Years?
You have to to incorporate a start certificates to exhibit fatherland and age and proof of residence through the related 10-year interval.
The steerage reads as follows:
The proof of residence will differ for the totally different durations of a kid’s life. Paperwork from the next record can set up residence
o passport or journey doc
o medical data
o vaccination data
o medical doctors’ letters
o private baby well being report (purple e book)
o letters from baby’s nursery
o letters from baby’s college confirming attendance
o passport or journey doc for the complete 10 yr interval to substantiate absences through the interval
That is after all a non-exhaustive record and there will likely be quite a lot of sources of proof to contemplate. The proof obtainable and required will differ relying on the info of the person case. You might like to hunt recommendation on this regard.
How Is Good Character Utilized to a Baby Applicant?
The British Nationality Act 1981 doesn’t outline good character. The related caseworking guidance units out elements that needs to be thought of however doesn’t present an exhaustive record.
The steerage offers with the appliance of the requirement to younger individuals. The caseworker ought to “take account of any mitigation relevant to the child’s particular circumstances”.
When assessing legal convictions “guidelines for adults will normally apply to a child who has been convicted of a criminal offence, the lesser sentence handed down to them may mean they are less likely to meet the higher thresholds’. The caseworker will consider any “subsequent mitigation …. not taken into account at the time of sentencing.”
A caseworker “may exercise discretion where a child’s criminality would result in a lifetime refusal of any citizenship application.”
There are after all many concerns referring to good character. It is very important word the steerage units out a discretion in relation to youngsters relating to immigration breaches:
When assessing a toddler’s good character, it can usually be applicable to ignore immigration breaches whether it is accepted this was exterior of their management. For instance, the place a mother or father utilized for the kid to come back to the UK as their dependant however failed to use for an extension of depart when the kid’s momentary depart expired, the kid shouldn’t be penalised.
Mother or father(s) Making use of At Similar Time – Influence
It’s doable for a mother or father making use of for citizenship to incorporate a toddler on the appliance. The kid applicant could also be entitled to register even when the mother or father’s utility is refused.
Who Ought to I Ask To Be My Referees?
An utility would require two referees.
For baby candidates at the very least one of many referees should be an individual who has handled the kid in knowledgeable function, equivalent to a trainer, physician, well being customer or social employee.
The Nationality Policy: general information – all British nationals Version 4.0, revealed for Residence Workplace employees on 10 Might 2023 reads as follows:
The place a toddler can not present a referee who has handled them in knowledgeable capability and has supplied paperwork to indicate that they’ve tried to take action, you may settle for 2 referees who meet the standards for referees on grownup functions.
Do I Want Parental Consent?
The steerage recognises that the applicant has an entitlement to be registered as a British citizen if the necessities in part 1(4) are met. The steerage does recognise it’s ‘good practice’ to acquire consent and the consent kind for folks is generated as a part of the appliance submission course of. If consent is just not obtained it isn’t a motive for refusal.
Is an Oath and Pledge Required?
Not like adults, when youngsters efficiently acquire citizenship there is no such thing as a authorized requirement for them to attend a ceremony and take the oath and pledge.
Nonetheless, if they’re a part of a profitable household utility, they’ll obtain an invite together with their mother and father to attend the ceremony and obtain their certificates of registration, and if they need, take the oath and pledge.
The oath and pledge will have to be taken if the part 1(4) utility is made as an grownup, or the appliance is made by a toddler who turns into an grownup by the point the appliance is determined.
Refused or Profitable – Subsequent Steps
You might want to converse to our barristers within the occasion an utility for registration as a British citizen has been refused. You have to to contemplate the explanations for the refusal and the deserves of constructing a request for reconsideration of the decision.
There may be not a statutory proper of attraction in opposition to the refusal of a citizenship (registration or naturalisation utility). The one judicial treatment is that of judicial overview.
Our earlier article addressed what steps to take when an utility is profitable.
Contact our Immigration Barristers
For knowledgeable recommendation in relation to Registration as a British Citizen, contact our immigration barristers in London on 0203 617 9173 or full our enquiry kind.
