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Importance of applying to register children as British citizens

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The otherwise unremarkable case of Oladeji (s.3(1) BNA 1981) [2015] UKUT 326 (IAC) emphasises the importance of applying to register children as British if they are so entitled. I had to go through this with an otherwise very well informed client the other day. If at the time of a child’s birth the child meets the requirements for British citizenship (e.g. one of the parents is British or settled) the child is automatically born British without any action needing to be taken. If the child later after birth becomes eligible for British citizenship (e.g. one of the parents becomes British or settled) the child does not automatically become British. An application for registration must be made but will be granted subject to the good character requirement being met.

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Colin Yeo

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.

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