Children of a Settled Person Can Apply for Citizenship Without ILR

British nationality law contains several routes for children that don't require Indefinite Leave to Remain first. The most important is registration under Section 1(3) of the British Nationality Act 1981.

Section 1(3) – The Standard Route

A child born in the UK who is not automatically British at birth can later be registered if, at any time after birth, either parent becomes:

• A British citizen, or
• Settled in the UK (i.e. holds ILR or settled status).

The child must still be under 18 at the date of application.

Discretionary Registration Under Section 3(1)

Where Section 1(3) doesn't apply, the Home Secretary still has discretion under Section 3(1) to register any child as British. Common scenarios include:

• Children born outside the UK to parents now settled here.
• Children who have lived in the UK from a young age and are well integrated.
• Where it would be in the child's best interests, taking into account family circumstances.

What You'll Need

• Child's full birth certificate.
• Both parents' identity documents and immigration status evidence.
• Evidence of the child's residence (school, GP, etc.).
• Two referees who meet Home Office criteria.
• Application form MN1 with supporting cover letter.

Good Character

For children aged 10 and over, the good character requirement applies. Police records, school reports, and any prior contact with authorities will be considered.

"For a child with one settled or British parent, citizenship is often closer than parents realise."