British-Born Children of Migrants 2026: Citizenship by Birth and Registration

The 1983 watershed: jus soli ended, parental status started

Until 31 December 1982 the UK applied a strict jus soli rule: any child born on UK soil acquired British citizenship by the fact of birth, regardless of parental nationality or status. The British Nationality Act 1981 abolished that rule. From 1 January 1983, the date the Act came into force, citizenship by birth attaches to the child only where the parental link to the UK is established at the moment of birth.

Section 1(1) of the Act sets the test. A child born in the UK on or after 1 January 1983 is British at birth if, at the time of the birth, the father or mother of the child is a British citizen or settled in the UK. "Settled" means Indefinite Leave to Remain, settled status under the EU Settlement Scheme, or any other form of unrestricted leave to remain. Holding a temporary work visa, a student visa, or pre-settled status is not "settled" for this purpose.

What this means in practice: a child born in Manchester in 2026 to two parents on Skilled Worker visas is not British at birth. The same child, born after one parent obtains ILR in 2027, becomes British at the moment of that parent's ILR grant, but only through registration under section 1(3): the original birth does not retroactively become a citizenship event.

Section 1(3) registration: parent acquires settled status while child is a minor

Section 1(3) of the British Nationality Act 1981 creates an entitlement to registration as a British citizen for a child born in the UK after 1 January 1983 where, after the birth, a parent acquires British citizenship or becomes settled. The application must be made while the child is still a minor (under 18). The route is an entitlement, not a discretion, provided the conditions are met.

The application is on Form MN1, submitted at gov.uk/apply-citizenship-child. The 2026 fee is GBP 1,214 for the application. A separate ceremony is required for children aged 18 at the date of the citizenship grant: under-18s do not attend a ceremony.

The case-worker checks three points. First, the child was born in the UK on or after 1 January 1983. Second, the named parent has acquired British citizenship or has become settled (ILR or settled status under the EUSS). Third, the application is submitted before the child's 18th birthday. Good character is also relevant for applicants aged 10 and over: the Good Character Guidance applies in modified form to minors.

Section 1(4) registration: UK-born and resident to age 10

Section 1(4) provides a second registration route for a UK-born child. Where the child was born in the UK and has lived in the UK for the first 10 years of their life, with absences not exceeding 90 days in any one of those years, the child has an entitlement to register as a British citizen. The parents' immigration status is not relevant to the section 1(4) route, which is what distinguishes it from section 1(3).

The 90-day absence cap is the key technical hurdle. Long visits to family abroad, term-time absences for an extended period, or a year spent at school overseas can break the entitlement. The Home Office Caseworker Guidance allows the Home Secretary to disregard absences in excess of 90 days where the case-worker is satisfied that doing so is appropriate, but the discretion is exercised case by case.

The application is again on Form MN1 with the GBP 1,214 fee in 2026. A typical applicant is the UK-born child of parents who never settled in the UK and may have left the country by the time the child turns 10. So long as the child remained in the UK throughout the 10 years and the absence rule holds, the registration is an entitlement.

Section 3(1) discretionary registration: the catch-all for minors

Section 3(1) of the British Nationality Act 1981 gives the Home Secretary a broad discretion to register any minor as a British citizen. The provision is the safety net that captures children who do not fit into the section 1(3) or section 1(4) routes but whose situation justifies a grant of citizenship.

The Home Office published policy on section 3(1) lists the cases the case-worker will normally approve. They include: a child born abroad to a parent who acquired British citizenship by registration rather than birth or descent (so the child would not be British by descent); a child with ILR or settled status of their own and a clear long-term future in the UK; a child whose other parent or carer has been granted British citizenship; and certain children adopted abroad by a British citizen parent under specific legal arrangements.

The application is on Form MN1 with the GBP 1,214 fee. Because section 3(1) is discretionary, decisions can vary based on the strength of the case the applicant assembles. Documentary evidence of the child's connection to the UK and of the parent's immigration history is central.

The Schedule 2 stateless-child route

Schedule 2 of the British Nationality Act 1981 contains a separate route for children born in the UK who would otherwise be stateless. The applicable provision is paragraph 3 of Schedule 2: a person born in the UK who is and always has been stateless, and who has been in the UK for at least 5 years immediately before the application, can register as a British citizen up to the age of 22.

The route is narrow but important. It covers children born in the UK to parents whose own nationality does not transmit to a child born abroad, and who therefore cannot be passed by the parents to the child. Some refused asylum seekers and some children of stateless Palestinians or Kurds fall into the cohort. The Home Office Stateless Persons Caseworker Guidance covers the evidence pathway.

The Schedule 2 route does not depend on the parents' settled status. It depends on the child's objective statelessness and on the 5-year UK residence threshold. Applications are submitted on Form S3 and the published fee for 2026 sits at the same GBP 1,214 level as Form MN1.

The December 2024 fee waiver for child registration cases

The Home Office introduced a structured fee waiver for child registration applications in December 2024, after a series of legal challenges over the affordability of the GBP 1,214 fee. The waiver is available where the application is made on Form MN1 and the family meets the published means-test criteria. The criteria look at household income, household composition, and the cost of meeting essential living needs.

The waiver is not automatic. The applicant submits a fee-waiver request alongside the registration application, with evidence of income, outgoings and household composition. Where the case-worker is satisfied that paying the fee would force the family below the affordability threshold, the fee is waived in full. Partial waivers are not available: the fee is either paid in full or waived in full.

What this means in practice: a UK-born child whose parents acquired ILR in 2024 and whose household income falls below the means-test threshold in 2026 can apply for section 1(3) registration with a fee-waiver request, and if approved no fee is payable. The Home Office Family Migration Caseworker Guidance covers the assessment.

How we verified this

The statutory pathway was cross-checked in May 2026 against sections 1 and 3 of the British Nationality Act 1981, and Schedule 2 of the same Act, on legislation.gov.uk. The 2026 fee for Form MN1 was confirmed against the GOV.UK fees schedule for citizenship and nationality applications. The fee-waiver position was checked against the Home Office Family Migration Caseworker Guidance and the relevant published policy notes from December 2024. The 90-day absence cap and the 1983 watershed date were checked against the Home Office Nationality Caseworker Guidance. No private adviser content was used as a source.

Frequently asked questions

Is a child born in the UK to migrant parents automatically British?

Not automatically. Since 1 January 1983, a UK-born child is British at birth only where at least one parent is British or settled (ILR or EUSS settled status) at the moment of the birth, under section 1(1) of the British Nationality Act 1981. A child born to parents on temporary visas, work visas, study visas or pre-settled status is not British at birth.

What is section 1(3) registration?

Section 1(3) is an entitlement to register a UK-born child as British where a parent later acquires settled status or British citizenship while the child is still a minor. The application is on Form MN1 with a 2026 fee of GBP 1,214. The case-worker checks the parent's status grant and the timing of the application against the child's 18th birthday.

What is section 1(4) registration?

Section 1(4) gives a UK-born child an entitlement to register as British where the child has lived in the UK for the first 10 years of their life, with absences capped at 90 days in any one of those years. The parents' immigration status is not relevant. The application is on Form MN1 with the GBP 1,214 fee, and is most useful where the parents never settled.

How much does it cost to register a child as British in 2026?

The 2026 fee for child registration (Form MN1) is GBP 1,214 per child. A fee waiver introduced in December 2024 is available where the family meets means-test criteria covering household income and essential living costs. The waiver is either full or refused: partial waivers are not available. The biometric enrolment fee for the child is included in the application fee.

Which form is used for section 3(1) discretionary registration?

Section 3(1) discretionary registration uses Form MN1, the same form as the section 1(3) and section 1(4) routes. The applicant selects the relevant statutory basis on the form and provides supporting evidence. The discretion is exercised by the Home Secretary based on the published policy, which covers children born abroad to British-by-registration parents, certain adopted children, and minors with strong UK ties.

What happens for a UK-born child who would otherwise be stateless?

Paragraph 3 of Schedule 2 to the British Nationality Act 1981 provides a registration route for a UK-born child who is and always has been stateless and who has been in the UK for at least 5 years. The application is on Form S3 and can be made up to age 22. The Home Office Stateless Persons Caseworker Guidance sets out the evidence requirements for proving statelessness.

Sources

• legislation.gov.uk: British Nationality Act 1981
• GOV.UK: Apply for citizenship for a child
• GOV.UK: Becoming a British citizen
• Home Office: Registration as a British citizen (children) guidance