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Pathway

British Citizenship After UK Family Residence

United Kingdom Citizenship
Pathway overview

At a glance

A child born abroad to a parent who was British by descent may register after the child and required family members live for three years in the UK or a qualifying British overseas territory. “By descent” generally means citizenship inherited through a parent. The three years must immediately precede the application, which must be made before age 18.

Family connection
A child born abroad to a parent who was British by descent at the birth
Family residence
Normally the child and both parents need three qualifying years immediately before applying
Application
Submit Form MN1 before age 18, with the required parental consent

Summary

British citizenship registration under section 3(5) is for qualifying children born abroad whose family has normally completed three years of UK residence immediately before applying. The child must have been born abroad to a parent who was British by descent. The under-18 deadline and required parental consent also matter.

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Eligibility

Normally the child and both parents must have been in the UK or a qualifying territory at the start of the three-year period and each must have no more than 270 days outside those places during it. The statute adjusts the two-parent requirements where a parent has died or the parents' marriage or civil partnership has ended, or they are legally separated. Both parents must still consent unless one has died. There is no discretion to waive the 270-day ceiling.

A child aged 10 or older must meet the good-character requirement. The Home Office assesses conduct under its current guidance; applicants should disclose criminal, immigration and other relevant history rather than assume an old matter is ignored.

Use the family’s residence immediately before the application
  1. Child’s birth Confirm the parent-at-birth condition The child was born abroad to a parent who was British by descent at that time.
  2. Immediately preceding 3 years Complete the qualifying family residence The child and required parent or parents must meet presence and absence rules, with each person’s absences counted separately.
  3. Before 18th birthday Apply while the child is a minor Provide the required parental consent and good-character evidence, and file before the child turns 18.

The normal ceiling is 270 days absent for each required person, with no discretion to waive it. Family circumstances can change who must meet the residence test. Successful registration gives citizenship otherwise than by descent.

What This Route Allows

Registration gives citizenship otherwise than by descent, so the child can normally transmit British citizenship to a future child born outside the UK. It also gives the right of abode and access to a British passport. There is no renewal or settlement stage.

What This Route Is Not

It is not satisfied by the British parent's residence alone or by residence at any earlier time. The child and required parent or parents must meet the immediately preceding three-year test. It is also distinct from section 3(1) registration, which is decided case by case.

Next Steps

  1. Confirm that a parent was British by descent on the child's birth date.
  2. Choose an application date on which everyone required was present exactly three years earlier.
  3. Reconcile passports and travel records and count each person's absences separately.
  4. Collect school, tax, employment, tenancy and immigration records plus parental consent.
  5. File Form MN1 before age 18 and check the £1,000 child fee or fee-waiver process.

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Other routes in United Kingdom.

Sources