British Citizenship Registration for a Child Under Section 3(2) of the British Nationality Act 1981

Our client sought to register their child as a British citizen under Section 3(2) of the British Nationality Act 1981. The child was born outside the UK to British parents who had been living abroad for over a decade before recently returning to the UK. One parent had acquired British nationality by descent, as their own parents were British by birth. Given that the parents had lived in the UK for more than ten years before the child's birth, they were eligible to apply for the child's British citizenship.

Following a thorough review, the Home Office exercised discretion and accepted the application from within the UK. As a result, the child was successfully granted British citizenship, allowing them to remain in the UK without disruption to their education or family life.

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This case highlights the importance of careful legal argumentation and discretion-based applications. By leveraging statutory eligibility criteria alongside human rights considerations, we successfully helped our client secure British citizenship for their child under Section 3(2) of the British Nationality Act 1981.