Form MN1: guidance (accessible version)

Introduction to the Guide

Who is included in this guide and who is not included

This guide assists children who have not yet reached the age of majority (age 18) to
become British citizens under the following sections of the British Nationality Act
1981. Once a child reaches age 18 they will have to apply to naturalise using form
and guide AN.

This guide covers the following:

• section 1(3) birth in the UK to parents who are now settled in the UK or have
  become British citizens
• section 1(3A) birth in the UK to parents who have joined the armed forces
• section 3(1) child whose parents are applying for British citizenship
• section 3(2) birth abroad to parents who are British by descent and have lived
  in the UK or a British overseas territory
• section 3(5) birth abroad to parents who are British by descent but are now
  living in the UK or a British overseas territory
• section 3(1) children adopted abroad by British citizen parents
• section 3(1) children whose parents had renounced and subsequently resumed
  British citizenship
• section 3(1) any other case not listed below where it is considered to be in the
• child’s best interests to be granted British citizenship
• section 4D birth abroad to parents serving in the armed forces

It does not cover:

• British overseas territories citizenship – see guide MN2
• British overseas citizenship – see guide MN3
• British subjects – see guide MN4
• Children born outside the UK who are, and always have been stateless (have
  no citizenship) see – guide S
• Children born in the UK who are, and always have been stateless (have no
  citizenship) see – guide S
• Children born in the UK who have lived there for at least the first 10 years of
  their life – British Nationality Act 1981, section 1(4) – see guide T
• Children born on or after 4 February 1997 in Hong Kong – see guide EM
• Children born before 1 July 2006 who would have become British citizens
  automatically if their parents had been married – see guide UKF

Citizenship through entitlement and discretion

There are a number of routes for children to apply for British citizenship.

• Some routes give them a right under British nationality law to apply and be
  registered as British citizens. These are entitlements.
• Other routes allow children to be granted on the decision of the Home
  Secretary. In these cases applications must show that the child meets existing
  criteria that the Home Secretary has already agreed should allow children to be
  registered as British. Or, in other cases, they should demonstrate that it would
  be right for the Home Secretary exceptionally to allow a child to be registered
  as a British citizen because of the compelling nature of the child’s
  circumstances. These are at the Home Secretary’s discretion. Further details
  about discretion are available later in this guide.

The words “entitlement” and “discretion” will be used throughout this guide to
describe the different routes.

A parent applying for British citizenship at the same time as their child should
consider the possibility that the child may be found to be eligible for registration
when their own application will be refused. The application form invites the
parent to confirm that, if this is the case, the child should still be registered as a
British citizen. If the relevant section is not completed, the child’s application will
be treated as having been withdrawn at the point when the parent’s application is
refused. No refund will be given.

Becoming a British citizen

The contents and the information of this guide says what section of the British
Nationality Act 1981 the application might be made under. It will be helpful to us, in
processing the application, and to you, in understanding the requirements and
what needs to go in the application, if you include in your application which section
you think applies to the child on whose behalf you are applying.

Becoming a British citizen is a significant life event. Apart from allowing a child to
apply for a British citizen passport, British citizenship gives them the opportunity to
participate more fully in the life of their local community as they grow up.

For the application to succeed, you will need to show that the child satisfies any
requirements that are set out in British nationality law. Or, if the application is at the
discretion of the Home Secretary, you will need to show that it satisfies the agreed
criteria which can be seen on the GOV.UK website. If the child does not satisfy
legal requirements and agreed policy, you will need to demonstrate why it would be
right for the Home Secretary to grant the child British citizenship. This guide tells
you what information you will need and which documents you need to supply.

This guide summarises the legal requirements for applying for registration. There
may be some discretion where a child is unable to fully satisfy certain requirements.
The way that the Home Secretary exercises this discretion is described in the
nationality staff instructions which may be accessed on our website.

It is important that you take care in completing the application and in making sure
that you satisfy the requirements for registration.

What happens to the child’s present citizenship?

Before continuing with your application, you must understand that under the
nationality laws of some countries a person will automatically lose their nationality if
they become a citizen of another country. If you have any questions about this, you
should ask the authorities of the country of which the child is a citizen through the
Embassy or High Commission before making your application. If the country of which
the child is currently a citizen continues to recognise them as one of its citizens, they
may continue to be subject to the duties of citizens of that country when they are in
its territory. This may include obligations to undergo military service.

The law covering registration is contained in the British Nationality Act 1981 and the
regulations made under it. This guide is intended to help you to apply. It is not a
statement about the law or policy. Other information about citizenship and
immigration is available on the GOV.UK website.

OISC and Immigration Advice

You may, if you wish, use the services of an agent such as a solicitor or other
competent adviser to help you with your application.

Immigration or nationality advisers acting in the course of business (whether paid or
unpaid) are regulated by the Office of the Immigration Services Commissioner
(OISC), an independent body. The provision of such advice is prohibited unless a
person works for an organisation registered with, or exempted by, the OISC or is
authorised to practice (like solicitors and barristers) by a designated professional
body. Certain categories (for example public health bodies) are exempted from the
regulatory scheme by Ministerial Order. It is a criminal offence to provide advice or
services in contravention of the regulatory scheme. Further information about the
regulatory scheme and a full list of OISC regulated advisers is available on the OISC
website.

Who qualifies for registration?

Children must be under 18 years old when the application is made. Once they reach
the age of 18 they must apply for British citizenship as adults, either by registration if
they have an entitlement, or by naturalisation. The date of application is the date it is
received by the Home Office or the receiving authority. If the child is aged 10 or over
they must be of good character.

Automatic acquisition of British citizenship

Children who have automatically acquired British citizenship do not need to be
registered. There are two ways a child can automatically be a British citizen without
needing to register.

British citizenship otherwise than by descent

A child born in the UK to a parent who is

• a British citizen, or
• settled in the UK at the time the child is born, or
• a member of the UK armed forces

is automatically a British citizen otherwise than by descent and does not need to be
registered. A child born in a British Overseas Territory after 21 May 2002 will also be
a British citizen if, at the time of the birth, either parent is a British citizen, or settled
in the United Kingdom, or settled in that particular territory, or is a member of the UK
armed forces.

A child who is adopted in the UK and one or both adoptive parents are British
citizens will also automatically be a British citizen otherwise than by descent on
adoption and does not need to be registered. A child adopted under the 1993 Hague
Convention on Intercountry Adoption may be regarded as a British citizen otherwise
than by descent on production of

• the Convention adoption certificate issued on or after 1 June 2003
• evidence that, on the date of the adoption, the adopter or, in the case of a joint
  adoption, one of the adopters was a British citizen
• evidence that, on the date of the adoption, the adopter or, in the case of a joint
  adoption, both of the adopters were habitually resident in the United Kingdom
  or in a territory designated for this purpose.

To be settled, the parent(s) must be free from immigration conditions. Children born
in the UK to the following will not automatically become British citizens:

• diplomatic staff of foreign missions who have diplomatic immunity
• members of the armed forces of another country based in or visiting the UK
• in the event of war, children of an enemy alien who is part of an occupying
  force
• parents who are/were in breach of immigration laws. This may apply to parents
  who are claiming asylum even if they have been given temporary admission.
  This applies particularly where asylum seekers entered the UK illegally.

British citizenship by descent

British citizenship can be passed on to one generation born abroad. So a child born
abroad to a parent who is British otherwise than by descent will automatically be
British by descent.

The exception is

• a child born before 1 July 2006 to a British father and non-British mother who
  were not married. The child will be able to apply for registration under section
  4G using form UKF.

Children born to parents who are British by descent have no automatic claim to
British citizenship. Applications may be made through entitlement under section 3(2)
or section 3(5) if children satisfy the requirements for registration. Or they may apply
at the Home Secretary’s discretion under section 3(1) if there are compelling or
exceptional reasons for registering a child as British. The exception to this broad rule
is where a child is born abroad to one or more parents who are in Crown service or
service designated for this purpose or in Community institution service. In this case,
the child will be a British citizen otherwise than by descent. To qualify, the parent
must have been recruited in the UK and have been sent to serve abroad. Designated
service is agreed by Parliament. A list of designated service is available on our
website.

Someone who is a British citizen by descent cannot change their citizenship by
applying to be registered or naturalised as a British citizen otherwise than by
descent.

Children of EEA nationals

Some children born in the United Kingdom to EEA and Swiss nationals will be British
citizens automatically. However, changes in the law mean that different rules apply
depending on when a child was born.

• A child born in the United Kingdom before 2nd October 2000 to an EEA national
  parent will be a British citizen if the parent was exercising EC Treaty rights at
  the time of birth.
• A child born in the United Kingdom between 2nd October 2000 and 30 April
  2006 to an EEA national parent will only be a British citizen if the parent had
  indefinite leave to remain in the UK at the time of the birth. (This does not apply
  to EEA nationals with an unconditional right of residence, such as retired
  people or someone who is unable to work because of incapacity.)
• A child born in the United Kingdom to an EEA national after 30 April 2006 will
  be a British citizen if their parent had been in the United Kingdom exercising EC
  Treaty rights in accordance with the Immigration (European Economic Area)
  Regulations 2006 for more than 5 years or has indefinite leave to remain.

The child of an EEA national who did not become a British citizen at birth may now
have an entitlement to be registered as a British citizen under section 1(3), if the
parent has since become “settled” here. The parent will have become “settled” if:

• he or she has been granted indefinite leave in the United Kingdom (this
  includes ILR granted under the EU Settlement Scheme), or
• he or she has been exercising EEA free movement rights in the United
  Kingdom for a continuous period of 5 years ending on or after 30 April 2006.

Further information about EEA nationals and EEA free movement rights can be
found on our website.

Entitlement to registration as a British citizen

Children born in the UK – Section 1(3) and 1(3A) application

Section 1(3) – A child born in the UK whose parents are not British citizens and were
not settled in the UK will have an entitlement to register when one of their parents
become settled in the UK or become British citizens.

Section 1(3A) – A child born in the UK on or after 13 January 2010 whose parents
are not born British citizens and were not settled in the UK will have an entitlement to
register if either parent becomes a member of the UK armed forces.

If a child lives in the United Kingdom for the first 10 years of their life, an application
can be made under section 1(4). Form T should be used for this purpose.

A child born in the United Kingdom who is and has always been stateless may also
qualify on the basis of a period of 5 years residence. Form S3 should be used for this
purpose.

Alternatively, a child born in the UK whose parents are not settled in the UK and are
not applying for settlement of British citizenship may be registered at the discretion of
the Home Secretary.

Children born abroad to British parents – Section 3(2) or section 3(5) application

This category applies to children who:

• were born outside the United Kingdom
• if born after 21 May 2002, were born outside the UK or any of the British
  Overseas Territories; and
• in either case, were born to parents who are British citizens by descent (see
  ‘Automatic acquisition of British citizenship’.

The United Kingdom means England, Wales, Scotland, Northern Ireland, the
Channel Islands and the Isle of Man.

For the purposes of this guide, the British Overseas Territories are:

• Anguilla
• Bermuda
• British Antarctic Territory
• British Indian Ocean Territory
• Cayman Islands
• Falkland Islands
• Gibraltar
• Montserrat
• Pitcairn, Henderson, Ducie and Oeno Islands
• St. Helena, Ascension and Tristan da Cunha
• South Georgia and the South Sandwich Islands
• the Sovereign Base Areas of Akrotiri and Dhekelia
• Turks and Caicos Islands
• Virgin Islands

Children coming under this category have an entitlement to register provided they
can satisfy the requirements under either section 3(2) or section 3(5).

Section 3(2)

A child will qualify under this section if:

• they were born outside the UK
• either of the child’s parents was a British citizen by descent at the time of
  the child’s birth
• the mother or father of that parent (the child’s grandparent) became, or but
  for their death would have become a British citizen otherwise than by
  descent, either:
  • on 1 January 1983
  • at the time of the parent’s birth

The British citizen by descent parent must have lived in the UK (or, if the child was
born on or after 21 May 2002, in a British overseas territory) for a continuous period
of 3 years at any time before the child’s birth. During that period they should not
have absences exceeding 270 days. The application must be made whilst the child
is under 18 years of age.

The 3-year residence requirement for the parent does not need to be met if the child
is stateless.

An example of a child who qualifies under section 3(2) is as follows:

• The child’s maternal grandfather was born in the United Kingdom in 1949
• The child’s mother was born in France in 1970 (and is a British citizen by
  descent). She lived in the United Kingdom from September 1989 to September
  1992 (and was not outside the United Kingdom for more than 270 days during
  that time)
• The child, born in France in 2009, is not a British citizen but can be registered
  under section 3(2)

It is important to note that a child registered under this section will be a British citizen
by descent and unable to pass British citizenship automatically by descent to any of
their children born abroad.

A child registered under section 3(5) will be a British citizen otherwise than by
descent; any of their children born abroad will be British by descent. If the family are
living abroad, parents will need to decide whether to apply under this section. Or, if
there is a possibility that they may return to live in the UK or a British Overseas
Territory before the child reaches age 15, whether to wait and apply under section
3(5). You should indicate that you are aware of this by ticking relevant box on the
application.

Section 3(5)

To qualify under this section the child and their mother and father should have lived
in the UK (or British Overseas Territory if born after 21 May 2002) for a 3-year period
ending with the date the application is received. And the child and their parents
should be physically present in the UK or a British Overseas Territory at the start of
that period.

The child and their parents must not have been absent from the UK (or the British
Overseas Territories if appropriate) for more than 270 days during the 3-year
residential period. There is no discretion to disregard absences greater than 270
days.

If the parents’ marriage or civil partnership has ended or they are legally separated
then only the child and one parent has to satisfy the residence requirement.

Both parents must consent to the child being registered as a British citizen. If one of
the parents has died then only the consent of the surviving parent is required.

A child registered under this section will be a British citizen otherwise than by
descent.

Children born abroad to a parent serving as a member of the UK armed forces – Section 4D application

A child will come within this category if:

• the child was born on or after 13 January 2010
• the child was born outside the UK and the territories listed in this guide
• both parents consent to the child being registered as a British citizen. (If one of
  the parents has died, then only the consent of the surviving parent is required.)
• For the purpose of this guide, “member of the armed forces” means either:
  a member of the regular forces within the meaning of the Armed Forces Act
  2006
• a member of the reserve forces within the meaning of the 2006 Act subject to
  service law by virtue of section 367(2)(a)-(c) of that Act.

However, a person is not regarded as being a “member of the armed forces” if, for
example, they are:

• a member of the forces raised in a British overseas territory who is serving, or
  undergoing training, with the UK armed forces
• a member of another country’s armed forces who is attached to the UK armed
  forces (such as part of a coalition force)

Children whose parents were not married – sections 4F and 3(1)

Children born before 1 July 2006 whose parents were not married could only acquire
British citizenship through their mothers. They could not benefit from their father’s
British citizenship unless their parents married at a later date and the birth was
“legitimated”.

Children born to a British citizen father on or after 1 July 2006 may acquire
citizenship from him even if the parents were not married to each other, and will be a
British citizen from birth automatically provided there is satisfactory evidence of
paternity.

From 6 April 2009 the definition of a “father” for nationality purposes was extended to
include female second parents under sections 42 or 43 of the Human Fertilisation
and Embryology Act 2008.

The following provisions are for children born before 1 July 2006 whose parents
were not married:

• a child born before 1 July 2006, who would have become British automatically
  had their parents been married can apply for registration under section 4G –
  see Guide UKF.
• a child born before 1 July 2006 who could now meet the requirements for
  section 1(3), 3(2) or section 3(5) had their parents been married can apply
  under section 4F, using Form MN1.
• a child born before 1 July 2006 to unmarried parents who would have had an
  automatic claim to citizenship, or an entitlement to registration under one of the
  above sections, had their parents been married, can apply for registration under
  section 3(1) which is at the Home Secretary’s discretion.

If you wish to apply under section 4F you should check to see if the child would meet
the requirements for section 1(3), 3(2) or 3(5) if the parents were married.
We may normally register a child, born before 1 July 2006, whose British citizen
father was not married to their mother, under section 3(1) if:

• We are satisfied about the paternity of the child
• We have the consent of all those with parental responsibility
• If the child’s parents had been married, we would normally have registered
  under section 3(1)
• There is no reason to refuse on character grounds

Where a child’s mother is married at the time of the birth, her husband (and no other
man) is regarded as the father of any child born to her on or after 1 July 2006.

However, cases may arise where there is compelling evidence that someone other
than the husband is the child’s natural father. In such cases, where the child would
have had a claim to citizenship or entitlement to registration if the mother had been
married to the natural father, we will normally register the child under section 3(1) if
the above criteria relating to paternity and consent are met.

Paternity

Where the mother was not married at the time of a child’s birth and no provision is
made through surrogacy arrangements or the female second parent provisions of the
HFE Act 2008 as to the identity of the father, the “father” will be any person who is
shown to be such by either:

• a birth certificate, issued within one year of the birth, naming the child’s father,
  where the birth was registered before 10 September 2015
• any other evidence, such as DNA test reports, court orders or birth certificates,
  the Home Secretary considers to be relevant to the issue of paternity and to
  constitute sufficient proof.

Registration at the Home Secretary’s discretion – Section 3(1) application

Children born abroad to parents who are applying for British citizenship

Where one or both parents are applying for British citizenship they may apply for
one or more children who are not automatically British at birth (see ‘Automatic
acquisition of British citizenship’ above) to be registered as British citizens as part of
a “family application”. Children in this category will be considered at the Home
Secretary’s discretion and will usually be registered only if both the parents are
granted or already hold British citizenship, or if one parent holds British citizenship
and the other is settled in the UK.

Children whose parent or grandfather is/was in designated or Community institution service.

There are some instances where a child’s parent or grandfather is or was in service
which became Community institution or designated service after the child’s birth.
This means that the child did not acquire citizenship automatically, whereas any
children born after the designation or admission of the service would. In view of this,
we would normally register if either:

• the child was born before the date of designation/admission
• the child’s parent became (or would, but for their death, have become) a British
  citizen otherwise than by descent on the date of designation as a result of the
  grandfather’s service
• the child’s parent is a British citizen by descent and was in designated service
  on the date of application, and in the same service at the time of the birth and
• the normal section 3(1) criteria relating to consent and good character are met.

Children adopted abroad by British citizen parents

Applications for registration of children adopted either:

• under the terms of the Hague Convention on Intercountry Adoptions
• before 3 January 2014 in territories designated under the Adoption
  (Designation of Overseas Adoptions) Order 1973
• after 3 January 2014 in territories listed in the Adoption (Recognition of
  Overseas Adoptions) Order 2013 or the Adoption (Recognition of Overseas
  Adoptions) (Scotland) Regulations 2013 and the Adoption (Recognition of
  Overseas Adoptions) (Scotland) Amendment Regulations 2013

will be considered at the Home Secretary’s discretion if:

• at least one of the adoptive parents is a British citizen otherwise than by
  descent
• if necessary, both adoptive parents have signified their consent to the
  registration
• there is no reason to refuse on character grounds
• we are satisfied that all relevant adoption laws have been adhered to. This
  includes the laws of the country in which the adoption has taken place, the
  country of origin of the child and the country in which the adoptive parents are
  habitually resident
• we are satisfied the adoption is not one of convenience arranged to facilitate
  the child’s admission to the United Kingdom.

If some or all of the criteria set out above are not met, the application will be
considered on its merits and the child registered if registration is demonstrably in the
child’s best interest. Even where the criteria above are met, there may be reason
why the child should not be registered, such as the existence of serious doubts about
an adoptive parent’s character or suitability to adopt a child, or irregularities in the
adoption procedure.

You must supply the evidence listed in the section ‘Child adopted by a British citizen’
of this guide.

The full list of countries recognised for Overseas Adoptions can be found on GOV.UK.

Applications for registration of children who were adopted abroad in other
circumstances will normally be refused. However, all applications will be considered
on their merits and the child may be registered as a British citizen if it is
demonstrably in the child’s best interest. In such cases we would expect confirmation
that nothing adverse is known about the child or the parents.

Children born to a parent who had renounced and subsequently resumed British citizenship

A child will come within this category if:

• the mother or father has renounced and subsequently resumed British
  citizenship
• that parent became a British citizen otherwise than by descent on resumption
• the child was born before the date of resumption
• both parents give their consent to registration (unless good reasons are
  provided).

Any other child born to British or non-British parents

It is not possible to cover all circumstances under which the Home Secretary
might exercise discretion in circumstances not already described in this guide.
However, in considering any application not specifically covered above
consideration will be given to:

• the child’s connections with the UK – we would expect the child to be free of
  any restrictions on their stay in the UK
• where the child’s future is likely to lie
• the parents’ views
• the parents’ nationality and immigration status – we expect either both parents
  to be British citizens or one parent a British citizen and the other parent settled
  in the UK
• whether the child is of good character
• the length of time the child has lived in the UK – we expect at least 2 years
  residence (particularly if the child is over the age of 13)
• any compelling circumstances

The way that discretion may be exercised is described in the Caseworker guidance
available for viewing on the GOV.UK website. These guidance documents used by
trained nationality caseworkers and do not constitute a definitive set of criteria for
registration. They must be taken as a whole. The fact that children may satisfy
certain criteria does not mean they will be registered if there are other criteria that
they do not satisfy.

Good Character

To be of good character a person should show respect for the rights and freedoms of
the United Kingdom, observe its laws and fulfil their rights and duties as a resident of
the United Kingdom. Checks will be made on children aged 10 years and over to
ensure that this requirement is met.

If you are not honest about the information you provide and the child is registered on
the basis of incorrect or fraudulent information they will be liable to have British
citizenship taken away (deprivation) and you may be prosecuted. It is a criminal
offence to make a false declaration knowing that it is untrue.

Among the duties and obligations which the child is expected to fulfil are payment of
income tax and National Insurance contributions, if employed. We may ask H.M.
Revenue & Customs for confirmation that tax and National Insurance affairs are in
order.

If a child is liable for income tax but does not pay through PAYE you must
demonstrate that their obligations towards the H.M. Revenue & Customs have been
discharged by attaching a Self Assessment Statement of Account.

You must give details of all criminal convictions given to the child both within and
outside the United Kingdom. These include road traffic offences. Fixed penalty
notices (such as speeding or parking tickets) must be disclosed, although will not
normally be taken in to account unless:

• they have failed to pay and there were criminal proceedings as a result; or
• they have received numerous fixed penalty notices.

Drink driving offences must be declared. If the child has any endorsements on their
driving license you must provide the paper counterpart.

A driving conviction may not yet be disregarded despite any penalty points being
removed from the driving license.

Criminal record checks will be carried out in all cases on minors 10 years and over.

If the child has a conviction within the relevant sentence based threshold they are
unlikely to be registered and the fee would not be refunded. Similarly if the child has
been charged with a criminal offence and are awaiting trial or sentencing, you are
advised not to make any application for the child’s registration until the outcome is
known. If the child is convicted, you should then consult the table below.

4 Years or more imprisonment

Application will normally be refused,
regardless of when the conviction occurred.

Between 12 months and 4 years imprisonment

Application will normally be refused unless
15 years have passed since the end of the
sentence.

Up to 12 months imprisonment

Application will normally be refused unless
10 years have passed since the end of the
sentence.

A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record

Application will normally be refused if the
conviction occurred in the last 3 years.

Notes regarding types of conviction or caution:

• A person who receives a sentence of life imprisonment is included in the ‘4
  years or more imprisonment’ category.
• A person who receives a custodial sentence of exactly 4 years is included in
  the ‘4 years or more imprisonment’ category.
• A person who receives a custodial sentence of exactly 12 months or exactly 1
  year is included in the ‘Between 12 months and 4 years imprisonment’
  category.
• The “end of the sentence” means the entire sentence imposed, not just the time
  the person spent in prison. For example, a person sentenced to 3 years’
  imprisonment on 1st January 2013 will normally be refused citizenship until 1st
  January 2031 – the 15 year ‘bar’ added to the 3 year sentence.
• A “non-custodial offence or other out of court disposal that is recorded on a
  person’s criminal record” includes Fines, Cautions, Warnings and Reprimands,
  Community Sentences, Civil Orders, Hospital Orders & Restriction Orders and
  Potential Court Orders.
• A person who is subject of an extant Deportation Order will be refused
  citizenship regardless of when they apply.
• Some extremely short periods of imprisonment may not be included in the ‘up
  to 12 months imprisonment’ category. This will depend on whether the person
  was convicted and sentenced or simply committed to prison. The latter is not a
  sentence and the vast majority of those detained for one day– will have been
  committed by the court and not sentenced. The decision maker will instead
  treat this as a “non-custodial offence or other out of court disposal that is
  recorded on a person’s criminal record”.
• A suspended prison sentence will be treated as a “non-custodial offence or
  other out of court disposal that is recorded on a person’s criminalrecord”.
• The exception is where that sentence is subsequently ‘activated’. This means
  that the person re-offended or failed to adhere to/breached the conditions of
  that sentence. Where this happens, the sentence length will be the one
  originally imposed.
  • Example 1: a person is sentenced to 6 months’ imprisonment, suspended for
    two years. If they ‘activate’ this, the sentence should be 6 months and fall into
    the ‘up to 12 months’ imprisonment’ category above.
  • Example 2: a person is sentenced to 12 months’ imprisonment, suspended for
    two years. If they ‘activate’ this, the sentence should be 12 months and fall into
    the ‘Between 12 months and 4 years’ imprisonment’ category above.
• Sentences imposed overseas will normally be treated as if they occurred in the
  UK.
• For concurrent sentences, the decision maker will take the longest single
  sentence imposed. For example, a sentence of 9 months’ imprisonment served
  concurrently with a sentence of 6 months’ imprisonment will be treated the
  same as one 9-month sentence.
• For consecutive sentences, the decision maker will add together the total of all
  the sentences imposed. For example, a sentence of 9 months’ imprisonment
  served consecutively with a of 6 months’ imprisonment will be treated the same
  as one 15 month sentence.

You are also advised to refer to the good character policy guidance which
caseworkers use to decide your application.

We may disregard a single non-custodial sentence, providing it did not occur in the
last 12 months, if there are strong countervailing factors which suggest the child is of
good character in all other regards and the decision to refuse would be
disproportionate. Offences involving dishonesty (such as theft), violence or sexual
offences or drugs would not be disregarded. Drink-driving offences, driving while
uninsured or disqualified or driving whilst using a mobile phone would not be
disregarded either.

You must give details of all civil judgments which have resulted in a court order
being made against you as well as any civil penalties under the UK Immigration
Acts. If you have been declared bankrupt at any time you should give details of the
bankruptcy proceedings. (Your application is unlikely to succeed if you are an
undischarged bankrupt.)

You do not need to give details of family law proceedings such as divorce decrees,
dissolved civil partnerships, guardianship orders, parental responsibility orders.

You must give details of any cautions (simple or conditional), warnings or
reprimands you have received in the UK or any other country. Cautions, warnings
and reprimands are out of court disposals that are recorded on a person’s criminal
record and are taken in to account when assessing a person’s character.

You must say if your details have been recorded by the police as a result of certain
sexual offences, or if you are subject to one of the following orders: notification order,
sexual offences prevention order, foreign travel order, risk of sexual harm order (or
equivalent order made in a British overseas territory or any other country). If your
details are recorded on the “sex offenders” register, even if any conviction is spent,
the Home Secretary is unlikely to be satisfied that you meet the good character
requirement and so an application for citizenship is unlikely to be successful.

What if there is no conviction but the child’s character may be in doubt?

You must say if there is any offence for which the child may go to court or which is
awaiting hearing in court. This includes having been arrested for an offence and
waiting to hear if the child will be formally charged. If the child has been arrested and
not told that charges have been dropped, or that the child will not have to appear in
court, you may wish to confirm the position with the police. For applicants from
Scotland any civil penalties must also be declared.

You must tell us if the child is arrested or charged with an offence after you make the
application and while the application is under consideration. You risk prosecution
under section 46 of the British Nationality Act 1981 if you do not do so.

You must also say here whether the child has had any involvement in terrorism. If
you do not regard something as an act of terrorism but you know that others do or
might, you should mention it. You must also say whether the child has been involved
in any crimes in the course of armed conflict, including crimes against humanity, war
crimes or genocide. If you are in any doubt as to whether something should be
mentioned, you should mention it.

The following information provides guidance on actions which may constitute
genocide, crimes against humanity and war crimes.

This guidance is not exhaustive. Before you answer these questions you should
consider the full definitions of war crimes, crimes against humanity and genocide
which can be found in Schedule 8 of the International Criminal Court Act 2001.

Alternatively, copies can be purchased from The Stationery Office, telephone
0333 202 5070.

It is your responsibility to satisfy yourself that you are familiar with the definitions and
can answer the questions accurately.

Genocide

Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial
or religious group.

Crimes against humanity

Acts committed at any time (not just during armed conflict) as part of a widespread or
systematic attack, directed against any civilian population with knowledge of the
attack. This would include offences such as murder, torture, rape, severe deprivation
of liberty in violation of fundamental rules of international law and enforced
disappearance of persons.

War Crimes

Grave breaches of the Geneva Conventions committed during an armed conflict.
This includes an internal armed conflict and an international armed conflict. The
types of acts that may constitute a war crime include wilful killing, torture, extensive
destruction of property not justified by military necessity, unlawful deportation, the
intentional targeting of civilians and the taking of hostages.

Terrorist Activities

Any act committed, or the threat of action, designed to influence a government
or intimidate the public and made for the purpose of advancing a political,
religious or ideological cause and that involves serious violence against a
person; that may endanger another person’s life; creates a serious risk to the
health or safety of the public; involves serious damage to property; is designed
to seriously disrupt or interfere with an electronic system.

Organisations concerned in terrorism

An organisation is concerned in terrorism if it:

• commits or participates in acts of terrorism
• prepares for terrorism
• promotes and/or encourages terrorism
• is otherwise concerned in terrorism

Deception

If you have practised deception in your dealings with the Home Office or other
Government Departments (such as by providing false information or fraudulent
documents) this will be taken into account in considering whether a child meets the
good character requirement.

An application will be refused if a person has attempted to deceive the Home Office
within the last 10 years.

Immigration Related Issues

Your application will be refused if you have attempted to deceive the Home Office
within the last 10 years, such as entering the UK illegally, evading immigration
control, helping someone else abuse the immigration laws, or abuse of the
Knowledge of Language and Life in the UK requirement. Full details of our policy
can be seen at our website.

You must say whether the child has been involved in anything which might indicate
that they are not of good character. You must give information about any of these
activities no matter how long ago it was. Checks will be made in all cases and the
application may fail and the fee will not be fully refunded if you make an untruthful
declaration. If you are in any doubt about whether the child has done something or it
has been alleged that the child has done something which might lead us to think that
they are not of good character you should say so.

You must tell us if the child has ever practised deception in their dealings with the
Home Office or other Government Departments (such as by providing false
information or fraudulent documents). This will be taken in to account in considering
whether the child meets the good character requirement. If the application is refused,
and there is clear evidence of the deception, any future application made within 10
years is unlikely to be successful.

You must also tell us if the child has been convicted of an offence or has received a
court order (such as an injunction or Criminal Behaviour Order).

Deprivation of citizenship

A person may be deprived of British citizenship if it is found to have been obtained
by fraud, false representation or the concealment of any material fact. The Home
Secretary may also deprive a person of British citizenship if, in their opinion, it would
be in the public interest for him to do so and the person would not thereby be made
stateless.

Ministers suggested during the passage of the Immigration, Asylum and Nationality
Act 2006 that deprivation may be appropriate where the person

• has encouraged or assisted others to commit acts of terrorism
• has committed war crimes, public order offences or other serious crime
• has carried out acts seriously prejudicial to vital national interests, including
  espionage and acts of terrorism directed at the United Kingdom or an allied
  power.

A certificate of registration may, as a matter of law, be ineffective from the outset if it
was obtained by means of impersonation.

Biometric enrolment

As part of your application, all applicants are required to enrol their biometric details
for the purpose of identity verification.

Children under 18 applying for registration as a British citizen must also enrol their
biometric details. Children under the age of 6 do not need to provide fingerprints, but
must have a digital photograph taken of their face.

Up to the age of 6 the Home Office only requires a digitised image of the child’s face,
although the regulation does not prevent fingerprints being recorded from children
aged less than 6 years. There is no upper age limit for biometric information to be
taken.

Children under the age of 16 must be accompanied by a parent or legal guardian at
their biometric enrolment appointment.

Where to give biometric information depends on how you’re making your visa or
immigration application. You’ll be told where to go after you’ve applied.

An application may be rejected as invalid if the person does not enrol your biometrics
when requested. For more information about enrolling biometrics and the current fee,
please visit the biometric residence permits section of our website.

Documents

All applications for registration of a child as a British citizen

Evidence of identity

Either:

• Child’s passport or travel document
• Child’s birth certificate, showing the parents’ names
• Driving licence
• Bank, building society or credit card statement issued to them in the last 6
  months

Child born abroad to British citizen parents

Provide the following:

• Child’s birth certificate showing the parents’ names
• Parents’ marriage certificate (if the father is a British citizen)
• British parent’s birth certificate or passport*
• British grandparent’s birth certificate, registration or naturalisation certificate or
  passport*
• Grandparents’ marriage certificate
• Evidence of residence*
  • Section 3(2) – evidence that the British parent lived in the UK for a period of
    3 years at some time before the child’s birth
  • Section 3(5) – evidence that the child and both parents have lived in the UK
    for 3 years immediately before the date of application.

Child adopted abroad by British parents

Provide all of the following:

• The child’s birth certificate, or where the child has been abandoned, a
  certificate of abandonment from the authorities previously responsible for the
  child
• Evidence of the relevant adoptive parent’s claim to British citizenship otherwise
  than by descent*
• The consent of the adoptive parent(s) to the registration
• The Adoption Order
• A contemporary report from the overseas equivalent of the Social Services Department which details:
  • the child’s parentage and history, and
  • the degree of contact with the original parent(s), and
  • the reasons for adoption, and
  • the date, reasons and arrangements for the child’s entry into an
    institution or foster placement, and
  • when, how and why the child came to be offered to the adoptive parent(s)
• Evidence of the parents’ country of habitual residence, and either:
  • Where the parents are habitually resident in the UK, confirmation from the
    Department for Education (DfE) (for those in England and Wales), from the
    Scottish Executive (for those parents in Scotland) or from the Department of
    Health Social Security and Public Safety – Northern Ireland (for those
    resident in Northern Ireland) that they have been assessed and approved as
    eligible to become an adoptive parent.
  • Where the parents are not habitually resident in the UK, confirmation from
    the equivalent of the Social Services Department in their country of
    residence that all relevant adoption laws have been complied with.

For children living in the UK

Provide the following:

• Child’s full birth certificate
• Child’s passport of entry to the United Kingdom, and any subsequent passports
• Parents’ marriage certificate or civil partnership certificate
• If one of the parents does not agree to registration a letter explaining their
  reasons.
• If the application is being made by a guardian, evidence of their right to do so,
  such as a deed, will or court order.

Only include children who are not already British.

Citizenship Ceremonies

What the child will have to do

Taking the Oath and Pledge is a legal requirement for successful applicants over 18
years of age, and the point at which they become British citizens.

Children who attend ceremonies will be asked to swear or affirm an oath of
allegiance to Her Majesty the Queen and to pledge their loyalty to the United
Kingdom.

Following this they will be presented with their certificate of naturalisation as a
British citizen.

Anyone required to attend who has special needs or concerns about saying the Oath
and Pledge in English, should bring these to the attention of the local authority once
they have their invitation letter.

When you make contact with the local authority you will be asked a number of
questions to establish the child’s identity, and checks may be made. If the child does
not speak English you will need to explain to the registrar that the child was
registered as a British citizen.

If you live outside the UK, arrangements will be made for you to make the
oath/affirmation and pledge at the British Embassy, High Commission, Consulate,
Governor’s Office or Lieutenant Governor’s Office.

Will the child understand the ceremony?

If the child cannot speak enough English to understand what will be said they will be
expected to take someone with them to interpret. During the ceremony they will be
asked to repeat the words of the oath and pledge in English, and are advised to
practise saying these words before they attend.

Ceremonies are arranged locally and reflect the particular community to which the
child now belongs. They will meet a local dignitary or celebrity and be told something
about the area and what can be expected of them as a British citizen.