British citizenship by descent: secure your child’s status
Worried about your child’s UK nationality? In minutes, you can learn if they’re already British or need to be registered—saving time, stress, and fees.
This guide explains automatic citizenship vs registration, every 2025 registration route, a step-by-step Form MN1 application, evidence checklists, and what to do after approval. Real case studies and a one-page timeline are included.
Start here: Is your child already British by descent?
British citizenship by descent generally means citizenship passed to one generation born outside the UK. A parent who is British otherwise than by descent can normally pass citizenship to a child born abroad. A parent who is British by descent usually cannot, unless special exceptions apply (for example, certain Crown service). See official policy on by descent vs otherwise than by descent and automatic acquisition.
Quick decision check: automatic vs registration
Was either parent a British citizen otherwise than by descent at the child’s birth? If yes, a child born abroad is normally automatically British by descent and can apply directly for a first passport.
Was the British parent only British by descent? Then there’s no automatic citizenship in most cases. Registration routes (section 3(2), 3(5), or 3(1)) may apply instead.
Crown service or designated service at the birth? If a parent was serving overseas in Crown/designated/Community institution service, a child may be British automatically. Check the Form MN1 guidance.
If you’re unsure whether the parent’s status is “by descent” or “otherwise than by descent,” review their citizenship route (UK birth/adoption, naturalisation, or registration type). GOV.UK’s guidance clarifies that those otherwise than by descent can pass nationality to children born abroad, while those by descent normally cannot.
Evidence you’ll need to prove automatic citizenship
If your child is automatically British, skip MN1 and go straight to a passport application. Typical evidence includes:
Child’s full foreign birth certificate (naming parent(s)).
British parent’s passport and proof they are British otherwise than by descent (for example: UK long-form birth certificate; Home Office naturalisation certificate; or a registration certificate under a route that grants otherwise than by descent, such as section 1(4)).
Proof of paternity if the father is claiming (rules changed from 1 July 2006—see children nationality policy).
Evidence of Crown or designated service at birth, if applicable.
Ready to apply? Follow our simple passport playbook: How to apply for a first British passport.
Registration routes for children born abroad (2025 rules)
If your child is not automatically British, they may qualify to register as a British citizen under the British Nationality Act 1981. The main routes are sections 3(2), 3(5), and 3(1). The Home Office details these in the MN1 guidance and children nationality policy.
Route A — Section 3(2): British parent by descent with 3 years’ UK residence before birth
Who it’s for: Children born abroad to a parent who is British by descent, where that British parent lived in the UK (or qualifying territory) for a 3‑year period immediately before the child’s birth.
Residence window: 3 years right before birth; absences are strictly limited. Provide evidence like HMRC records, payslips, tenancy, council tax, bank statements, and school/GP letters.
Timing: Apply before the child turns 18; children aged 10+ must meet the good character requirement.
Outcome: Registration under section 3(2) gives British citizenship by descent (see s14(1) read with policy on by descent outcomes).
Tip: Make sure you can evidence the entire 3‑year period. Gaps are the most common reason for delay or refusal.
Route B — Section 3(5): Family lived in the UK for 3 years before applying
Who it’s for: Families now living in the UK (or a qualifying British Overseas Territory) who can show a 3‑year residence period ending with the application date.
Three-year residence: The child and both parents must have lived in the UK for 3 years ending on the application date.
Physically present at the start: All must be physically present in the UK/qualifying territory on day one of that 3‑year period.
Absence cap: No more than 270 days of absence during the 3 years. There is no discretion to ignore excess absences. Source: MN1 guidance.
Consent: Usually both parents’ consent is required unless an exception applies.
Outcome: Registration under section 3(5) results in British citizenship by descent where a parent was British at birth (see policy on outcomes of child registration).
Discretionary Route — Section 3(1): Strong UK ties or compelling circumstances
Section 3(1) is a broad discretionary route used where there are strong connections to the UK or compelling reasons outside the set routes. Typical factors:
Long and continuous residence/education in the UK, family life centred in the UK.
Child’s best interests and welfare considerations.
Exceptional hardship or compassionate circumstances.
Where strict criteria in 3(2) or 3(5) are narrowly missed.
Outcome note: Where the child had a British parent at birth, registration under section 3(1) gives citizenship by descent. See the Home Office’s children nationality policy.
Special situations: adoption, surrogacy, same‑sex parents, and Crown service
Adoption: UK-recognised adoptions can confer citizenship differently to birth routes; ensure the adoption is recognised in UK law.
Surrogacy and same‑sex parents: Ensure parentage is legally recognised (e.g., parental orders, updated birth records). For proof of paternity rules, see the children nationality policy.
Crown/designated/Community institution service: A child born abroad may acquire citizenship automatically where a parent served overseas in qualifying service at birth. See MN1 guidance.
British Overseas Territories: Rules for BOTC and transmission outside the territories differ; see official BOTC guidance for exceptions and automatic transmission where a parent is otherwise than by descent.
Form MN1 application: step‑by‑step
Form MN1 is the Home Office form to register a child as a British citizen. Use the official MN1 guidance throughout.
Who should use Form MN1 (and who should not)
Use MN1 if your child needs to be registered under section 3(2), 3(5), or 3(1).
Do not use MN1 if your child is already British automatically—apply directly for a passport via HM Passport Office. See our first British passport guide.
Completing MN1: section‑by‑section walkthrough
Child’s details: Names must match the birth certificate; explain any changes with legal documents.
Parentage: Provide full details for both parents. If the father is not on the birth certificate, include acceptable proof of paternity (DNA/court order per policy).
Residence: For s3(2) or s3(5), detail exact dates and absences; ensure totals align with evidence.
Good character (age 10+): Disclose cautions/convictions and provide context and rehabilitation evidence.
Consent/declarations: Both parents normally sign unless an exception (sole responsibility/court order).
Common pitfalls: forgetting the physical presence requirement at the start of the 3‑year s3(5) period, undercounting absences, and inconsistent addresses across documents.
Supporting documents checklist (by route)
Core: Child’s full birth certificate; passports for child and parents; proof of parental responsibility/consent; translations for non‑English documents.
Section 3(2): British parent’s evidence of being British by descent; proof that British parent lived in the UK for the 3 years before birth with limited absences (HMRC, employer letters, council tax, tenancy, bank statements, GP/school records).
Section 3(5): Evidence that the child and both parents lived in the UK for 3 years ending with the application date, were physically present at the start, and did not exceed 270 days’ absences.
Section 3(1): A persuasive cover letter plus evidence of strong UK ties/compelling circumstances (education, community, medical/welfare, best interests).
Good character for children aged 10+ (what counts)
Declare all criminal history, cautions, and pending matters.
Provide explanations, rehabilitation steps, and references.
Minor issues are weighed in context; honesty and evidence matter.
Fees, fee waivers, biometrics, and where to apply
Fees: Check the latest MN1 fee on GOV.UK. Amounts change.
Fee waiver: Children who cannot afford the fee may qualify for a waiver—see the MN1 guidance.
Biometrics: After submitting online, you’ll book fingerprints/photo (UKVCAS in the UK or a partner centre overseas).
Submission: Applications are online; upload scans or present originals at your appointment as instructed.
Processing times, status updates, and what to do if delayed
Timeline: Processing can take several months. Apply well before the child turns 18.
Track: Use your UKVI account; respond quickly to further information requests.
Escalate: If significantly delayed, use the online enquiry form, request an update via your MP, or consider legal advice.
Pro tip for parents: planning to naturalise yourself while you manage your child’s MN1? Use your waiting time wisely. Our recommended study tool helps you pass the Life in the UK Test fast—see details below.
Avoid refusals: common mistakes and how to fix them
Insufficient UK residence evidence for s3(2)/s3(5)
What works: HMRC printouts, employer letters, payslips, council tax, tenancy/mortgage, utility bills, bank statements, GP/school letters.
Fix gaps: Request historical statements, HMRC subject access requests, or letters from schools/GPs to cover missing months.
Absence maths: Keep a clear absence table. For s3(5), remember the 270‑day cap with no discretion as per MN1 guidance.
Parentage and naming discrepancies (birth certificates, DNA, court orders)
Ensure the child’s name is consistent across all documents or provide legal change evidence.
Where the father is not on the birth certificate, supply acceptable proof of paternity per policy (e.g., DNA or court order).
Missing consents or custody documentation
Both parents’ consent is usually needed. If unavailable, provide evidence of sole responsibility, a court order, or a compelling explanation.
Include translations for any foreign legal documents.
Deadlines and eligibility drift (turning 18, absences)
Age 18 cutoff: s3(2) applications must be filed before 18. Don’t wait.
Absences: Track travel to avoid breaching the s3(5) 270‑day limit.
Physical presence: For s3(5), confirm everyone was physically present at the start of the 3‑year period.
After approval: certificate, passport, and dual citizenship notes
Once approved, you’ll receive a registration certificate. Keep it safe—it’s needed for the passport.
Using the registration certificate to get a first British passport
Gather: registration certificate, child’s birth certificate, photos, parental consent, and any name change documents.
Apply online and book the identity interview if asked.
Follow our full walkthrough: first British passport checklist.
Dual nationality and your child: travel, tax, and military service
Your child may hold two passports. The UK allows dual citizenship, but some countries limit rights or require permissions (e.g., exit permits, military obligations). Read our plain‑English guide: Dual citizenship UK: rules and two passports.
Real‑world examples: 3 fast case studies
Case 1: British parent by descent with 3 years in the UK before birth (s3(2))
Profile: Child born in Canada; mother is British by descent; lived and worked in Manchester 2019–2022 before the birth in 2022.
Documents: HMRC employment history, P60s, tenancy, council tax, bank statements evidencing UK residence; child’s full birth certificate; mother’s British passport (by descent).
Timeline: MN1 submitted before age 18; biometrics taken; approval issued; child registered as British by descent.
Case 2: Family lived in the UK for 3 years before applying (s3(5))
Profile: Family moved to the UK in August 2021; applied September 2024.
Proof: Child + both parents present in UK on 1 September 2021, then fewer than 270 days’ total absences.
Documents: School letters, GP registration, council tax, tenancy, wage slips, travel history. MN1 approved; child registered by descent.
Case 3: Discretion based on strong UK ties (s3(1))
Profile: Child has 6+ years in UK schooling, community ties, and siblings who are British. s3(5) failed due to slightly over 270 days.
Strategy: Compelling cover letter emphasising best interests, education, stability, and family life; included references and headteacher letter.
Outcome: Granted under s3(1); citizenship by descent.
For parents: planning your own citizenship journey
If you’re ready to secure your family’s future, map your own path to ILR and naturalisation. Start with our guides: How to Get British Citizenship, British Citizenship: 2025 Success Plan, and Apply for UK citizenship online.
Pass the Life in the UK Test on the first try (recommended app)
Parents often juggle work, school runs, and paperwork while preparing for the Life in the UK Test. The Life in the UK Test App cuts study time and stress so you pass fast:
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650+ questions with explanations, plus Hard Mode mocks to simulate the exam.
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Download on the App Store or Get it on Google Play.
FAQ: quick answers to common edge cases
Does parental marriage matter, and what if the father is not on the birth certificate?
Marriage is not required to prove paternity for children born on/after 1 July 2006. If the father isn’t on the birth certificate, provide accepted proof (e.g., DNA or court order) per Home Office policy.
Can we appeal an MN1 refusal?
There’s no standard right of appeal. Options are a reconsideration request, a fresh application with stronger evidence, or judicial review (seek legal advice).
What if my child turns 10 or 18 during the process?
At 10, the good character requirement applies. For section 3(2), ensure submission before 18. After 18, adult routes apply.
How do overseas adoptions or surrogacy affect eligibility?
Only UK-recognised adoptions and legally recognised parentage count. You may need parental orders or court documents. Get specialist advice early.
One‑page checklist and timeline
Confirm status: Automatic vs registration (by descent vs otherwise than by descent; Crown service).
Choose route: s3(2), s3(5), or s3(1).
Map dates: 3‑year windows, start‑date physical presence (s3(5)), 270‑day cap.
Gather evidence: Birth/parent documents; residence proofs; consent/custody papers.
Draft cover: Clear route explanation; absence table; discretionary representations if s3(1).
Apply online: Form MN1; upload scans.
Pay or request waiver: Provide income/outgoings if seeking a fee waiver.
Biometrics: Book and attend.
Await decision: Reply promptly to any Home Office queries.
After approval: Use the registration certificate to get the first British passport. Review dual citizenship implications.
Need to secure your own citizenship next? Start smart—read our 2025 success plan and prepare with the Life in the UK Test App or Google Play. Pass on the first try.