Form MN1: Register a Child as a British Citizen

To register your child for British citizenship, you will need to complete form MN1.

Becoming a British citizen is a significant life event. As well as allowing your child to apply for a British passport, British citizenship also means your child can live, work and study in the UK on a permanent basis, entirely free from immigration controls. It is also incredibly important for a child’s sense of identity and belonging in the UK.

With so much at stake – a refused citizenship application will mean a loss of the fee – it will be important to ensure you complete the form fully and correctly to avoid issues or delays with the application.

The following guide covers the key considerations for parents when completing your child’s British citizenship application form.

 

When is Form MN1 used?

Form MN1 is for children under 18 who qualify to be registered as a British citizen either through birth or adoption. It is also for children whose parents gave up British citizenship and then got it back, as well as for some other cases.

Form MN1 applications must fall within one of the following sections of the British Nationality Act 1981:

• 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 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.

Once an individual reaches the age of 18 they apply for British citizenship as an adult, either by registration if they have an entitlement, or by naturalisation using Form AN rather than form MN1.

 

Is registration for citizenship always necessary?

For those children who have automatically acquired British citizenship, either by descent or otherwise, they do not need to be registered.

There are several ways a child can automatically be a British citizen without needing to register, in particular where they acquire British citizenship by way of descent, ie; where this is passed on to one generation born abroad.

A child can also acquire citizenship otherwise than by descent, for example, where they are born in the UK to a parent who is either a British citizen, settled in the UK at the time the child is born or a member of the UK armed forces.

There are a number of routes that will enable you to apply for British citizenship on behalf of your child. Some routes will give the child an automatic right under British nationality law to apply and be registered as a British citizen. These are known as entitlements.

Other routes allow minors to be granted citizenship on the decision of the Home Secretary. This could be where your child meets existing criteria that the Home Secretary has already agreed should allow children to be registered as British.

It can also include exceptional cases where it would be right to allow your child, at the discretion of the Home Secretary, to be registered as a British citizen because of the compelling nature of the child’s circumstances.

 

British citizenship requirements

Successful applications must show the child satisfies specific requirements as set out under British nationality law.

There are various circumstances in which a child may be automatically entitled to be registered as a British citizen.

These include the following:

• Where the child was born in the UK to parents who are now settled in the UK or have become British citizens, or where the child was born in the UK to parents who have joined the armed forces.
• Where the child was born abroad to parents who are British by descent and have lived in the UK or a British overseas territory, or where the child was born abroad to parents who are British by descent but are now living in the UK or a British overseas territory.
• Where the child was born abroad to parents serving in the UK armed forces.

There are also other routes that allow minors to be granted citizenship on the decision of the Home Secretary, in particular where the child meets existing criteria that the Home Secretary has already agreed should allow children to be registered as British. These include the following:

• Where the child was born abroad to parents who are applying for British citizenship.
• Where the child was adopted abroad by British citizen parents.
• Where the child was born to parents who had renounced but subsequently resumed British citizenship.

A child can also be registered in exceptional cases where it is considered to be in the child’s best interests to be granted British citizenship.

Although it is not possible to cover all circumstances under which the Home Secretary might exercise discretion, in determining any application consideration will be given to the following:

• The child’s connections with the UK
• Where the child’s future is likely to lie
• The parents’ views
• The parents’ nationality and immigration status
• The length of time the child has lived in the UK
• Whether the child is of good character
• Any compelling circumstances

Please note, 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.

Form MN1 invites the parent to confirm that, if this is the case, the child should still be registered as a British citizen.

 

Good character requirement

In any application to register a child for British citizenship over the age of 10, they must be of ‘good character’. To be of good character the child will need to show respect for the rights and freedoms of the UK, observe its laws and fulfil their rights and duties as a UK resident.

Within the application, you will have to give details of any criminal convictions against your child both within and outside the UK.

If the child has been charged with a criminal offence and is awaiting trial or sentencing, you are advised not to make any application for the child’s registration until the outcome is known.

Full disclosure is mandatory. 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 their British citizenship taken away, and you may be prosecuted. It is a criminal offence to make a false declaration.

 

Discretionary decisions

Where the child does not satisfy the legal requirements, it is possible to apply for a discretionary decision by the Home Secretary by demonstrating why the child should be granted British citizenship.

Given the significance of attaining British citizenship, it is important to ensure the application is submitted in line with UKVI guidelines, that the child satisfies the requirements for registration and that Form MN1 is completed correctly.

 

How to apply using Form MN1

An application to register a child as a British citizen can be made online or by post using the hard copy Form MN1.

Errors or problems with the application or completed Form MN1 may result in a rejected application, and loss of the full application fee.

You must select the correct Section as part of the application. Considerations include:

• Section 1 (3) – Children born in the UK to non-British parents: A child born in the UK to non-British parents is not able to apply for British Citizenship immediately. They must wait until one or both parents obtains Indefinite Leave to Remain. It is only at this point that one of the parents can submit a Form MN1 application for the child born in the UK to register as a British citizen.
• Section 3 (5) – Children Born Abroad to non-British Parents: Until one or both of the parents apply for citizenship, a child born outside the UK to non-British parents is not able to apply for citizenship. The prospects of MN1 approval are increased if both parents obtain British Citizenship or one parent has British citizenship and the other has permanent residence.
• Section 3 (2) – Children born outside the UK to British Parents: A child born outside the UK to British parents who were also born outside the UK (‘British by descent’), does not automatically attain British citizenship, unless the the parents have lived in the UK and the child was born in an overseas British territory.

As part of your application, your child will be required to enrol their biometric details for the purpose of identity verification. Children under the age of 6 do not need to provide fingerprints, although these can still be requested, but must have a digital photograph taken of their face. There may be a small additional fee for enrolling your child’s biometric information.

Children under the age of 16 will need to 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 citizenship application. You’ll be told where to go after you’ve applied.

You will need to submit extensive documents in support of the application, as well as evidence of your child’s identity, for example, their passport and birth certificate. The specific nature and extent of the documentation varies depending on the facts of the case and the basis upon which registration is sought. Taking advice will ensure you are submitting a comprehensive application.

 

How long does it take to get British citizenship?

On average, we advise our clients to anticipate that their British citizenship application will be processed in approximately 2-3 months. The complexity of your application will determine how long it will take for your application to be processed as well as the volume of other applications UKVI have to process.

 

What does it cost to submit Form MN1?

UKVI currently charge a fee of £1,214 per child applicant.

 

What happens when a parent(s) is also applying for British citizenship at the same time?

A parent applying for British citizenship under Form AN at the same time as their child should consider the possibility that the child may be found to be eligible for registration, but that their own application may be refused.

Section 7 of Form MN1 invites the parent to confirm that, in this event, the child should still be registered as a British citizen.

If the relevant box is not ticked, the child’s application will be treated as having been withdrawn at the point when the parent’s application is refused. The application fee will not be refunded.

You may resubmit an application however it is important to understand why the application failed in the first instance and how this can be addressed or recitifed, for example an error in completing the form, the incorrect fee paid or failure on discretionary grounds.

 

Practical tips on completing the MN1 form

For an MN1 application to succeed, you will need to show that the child satisfies any requirements that are set out under British nationality law, namely the British Nationality Act 1981 and associated regulations. This legislative framework sets out the legal requirements when applying for British citizenship.

In circumstances where the application is at the discretion of the Home Secretary, you will need to prove that the eligibility criteria are met, or 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 in any event.

As such, it is crucial you fully understand the basis upon which you are making the MN1 application and are able to apply the relevant criteria or, alternatively, put forward a detailed argument for ‘exceptional circumstances’.

 

What happens once the child turns 18?

Once 18 years old, they must apply for British Citizenship either by registration or naturalisation using form AN.

 

What happens to the child’s current citizenship?

Before submitting Form MN1, clarify the position in respect of the child’s existing nationality by contacting the authorities of the country of which the child is a citizen through the Embassy or High Commission.

In some countries, a person will automatically lose their nationality if they become a citizen of another country. Others will continue to recognise the child as a citizen on dual basis.

 

What if the application is refused?

You may resubmit an application however it is important to understand why the application failed in the first instance and how this can be addressed or recitifed, for example an error in completing the form, the incorrect fee paid or failure on discretionary grounds.

 

Need assistance?

Given that there are various different ways in which a child can be granted British citizenship, it is always best to seek expert legal advice from a specialist in immigration law.

It is also important to understand that before continuing with your application, under the nationality laws of some countries an individual will automatically lose their nationality if they become a citizen of another country.

Further, 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.

As specialist immigration solicitors, we can advise on the options open to your child and support with completing any Home Office application.

For advice with an application for British citizenship, <ahref=”https://www.davidsonmorris.com/contact/”>contact us.

 

Form MN1 FAQs

What is an MN1 form?

Form MN1 is used to register a child as a British citizen.

Can I fill MN1 form online?

Yes, you can complete form MN1 via the Home Office website.

What documents do I need to send with MN1?

Form MN1 should be supported with documentation including the child's birth certificate, details of two referees, and their parents' passports.

Last updated: 3 February 2024