By Dr Chiara Mancuso
Senior Consultant | Head of Level 3 & Appeals Department
With editorial oversight from Mr JP Breytenbach, Director
Many children born or raised in the UK are entitled to become British citizens by registration. Parents often assume this can be dealt with at any time, or that an entitlement means approval is automatic. Neither is quite right. The age at which a child applies can affect the cost, the evidence required and whether the good character test applies.
First, check whether your child is already British
A child born in the UK is automatically British if, at the time of birth, at least one parent was a British citizen or settled in the UK. Settled includes indefinite leave to remain and settled status under the EU Settlement Scheme. If the child is already British, no registration is needed. The child can apply directly for a British passport.
Children of EEA nationals who were born in the UK, between 30 April 2006 and 30 June 2021 are automatically British if the EEA parent had settled status of permanent residence at the time of their birth.
Children of EEA nationals who were born in the UK between 1 January 1983 and 1 October 2000 are also treated as automatically British if their EEA parent was exercising Treaty rights in the UK at the time of the child’s birth.
The main entitlement routes
| Route | Who it covers | Key point on timing |
|---|---|---|
| Section 1(3) | A child born in the UK whose parent becomes British or settled after the birth | The application must be made while the child is under 18 |
| Section 1(4) | A person born in the UK who lived here for their first 10 years, with no more than 90 days’ absence in any of those years (the Home Office can overlook longer absences in special circumstances) | Can be made at any time from age 10, with no upper age limit; the fee and the good character test depend on age at application |
| Sections 3(2) and 3(5) | Certain children born abroad to a parent who is British by descent | Both require three years’ UK residence with absences of no more than 270 days (the parents, before the birth, under section 3(2); the child’s and both parents’, before the application, under section 3(5)); the application must be made while the child is under 18 |
| Section 3(1) | Other children, at the Home Secretary’s discretion | Assessed against published guidance; not an entitlement |
Why age 10 matters
The good character requirement applies to registration applications from anyone aged 10 or over, including most entitlement routes. A child under 10 does not need to meet it. From 10, cautions, convictions and certain other conduct must be disclosed and assessed.
The High Court confirmed on 21 September 2026 that good character is a mandatory precondition even where a person would otherwise be entitled to register, and that the same test applies as for naturalisation (R (Akinyemi) v Secretary of State for the Home Department [2026] EWHC 2388 (Admin)). The claimant’s representatives have said they are considering an appeal.
Why age 18 matters
From 8 April 2026, the Home Office fee for most child registration applications fell from £1,214 to £1,000. An adult applying to register pays £1,540, plus a £130 citizenship ceremony fee.
A fee waiver is available for a child whose family cannot afford the fee, and the fee table published for 8 October 2026 leaves all of these figures unchanged.
Some routes, including section 1(3), close entirely at 18. Applying while a child is under 18 is therefore usually simpler and cheaper.
The Institute for Public Policy Research has recommended cutting children’s fees to the Home Office’s own estimated processing cost of £324, in a report published on 10 September 2026. That is a recommendation only; the Government has not adopted it.
A guidance update for same sex parents
On 22 September 2026, the Home Office published version 19.0 of its caseworker guidance on registering children, adding a section on children born to a woman in a same sex relationship with a British citizen.
Where the British partner is already treated as the child’s legal parent under the Human Fertilisation and Embryology Act 2008, the child may be British automatically.
The new text deals with families outside that framework, for example a child conceived before 6 April 2009, or a child whose mother is in an established but unmarried relationship with a British woman.
In those cases caseworkers must now consider registering the child at the Home Secretary’s discretion under section 3(1), provided the child would have qualified had the British woman been the mother, everyone with parental responsibility consents, and there are no character concerns.
If this describes your family, and you were previously told your child did not qualify, the position is worth reviewing.
Practical tips
- Check automatic citizenship first. Registration is only needed if the child is not already British.
- Diarise the key birthdays. Age 10 brings in the good character test; age 18 closes some routes and raises the fee.
- Gather parental evidence early. Proof of a parent’s settled status or citizenship at the relevant date is often the hardest document to find.
- Get consent sorted. Where both parents have parental responsibility, the Home Office will usually expect both to consent.
- Keep residence records. For section 1(4), school records are often the best evidence of the first ten years.
If your child may be entitled to register as British, we can confirm the correct route, check whether they are already British, and prepare the application.
Contact your usual BIC adviser or email
info@bic-immigration.com.
Check Your Child’s Eligibility
Author and Editorial Oversight
Author
Dr Chiara Mancuso
Immigration Advice Authority (IAA) Registered Level 3 | Italian qualified lawyer | PhD in Comparative and International Criminal Law | Senior Consultant, Head of Level 3 & Appeals department, Breytenbachs Immigration Consultants
Dr Chiara Mancuso is a Senior Immigration Consultant with more than 18 years of experience in the legal sector and an extensive knowledge of immigration legislation and case law. She is the author of several papers published in peer reviewed international journals. Her commitment to immigration, human rights and criminal justice is reflected in her regular and active participation in professional organisations and legal conferences.
Editorial Oversight
Mr JP Breytenbach
Solicitor of England and Wales (non practising) | Director, Breytenbachs Immigration Consultants
Mr JP Breytenbach is a UK admitted solicitor with extensive experience in British nationality and immigration law. He advises multinational employers, high net worth individuals and internationally mobile professionals on complex UK immigration matters, including sponsor compliance, settlement pathways and British citizenship applications under the British Nationality Act 1981.
Hannes Breytenbach
Founder | Breytenbachs Immigration Consultants | Attorney of the High Court of South Africa
Hannes Breytenbach is the founder of Breytenbachs Immigration Consultants and an attorney of the High Court of South Africa. Over several decades he has developed an international immigration advisory practice assisting individuals, families and multinational organisations with complex cross border immigration strategy and long term immigration planning.
Disclaimer
This article is provided for general information only and does not constitute legal advice. Immigration law changes frequently and individual circumstances vary. Specific advice should be sought before taking action.
