How we helped UK-born children of BN(O) parents register as British citizens

The background

Our clients were two sisters born in the United Kingdom. At the time of their births, their parents were in the UK on BN(O) visas — time-limited permission to stay, not settled status. Under the British Nationality Act 1981, a child born in the UK acquires British citizenship automatically only if at least one parent is either a British citizen or settled in the UK at the time of the birth. Because neither parent held settled status when the girls were born, neither daughter was a British citizen.

Under section 1(3) of the Act, however, there is a clear route forward: where a child was born in the UK to parents who were not settled at the time, the child has an entitlement to register as a British citizen once a parent becomes settled — that is, obtains indefinite leave to remain (ILR) or becomes a British citizen. After the parents successfully obtained ILR through the BN(O) route, both daughters became eligible to apply.

The referee requirement

The citizenship registration application requires the applicant to provide two referees. For a child applicant, at least one referee must be a person who has dealt with the child in a professional capacity — for example, a GP, teacher, health visitor or social worker.

In practice, finding a willing professional referee proved difficult. The girls' GPs and nursery staff both declined to act, citing professional policy or concerns about the commitment involved. This is not unusual — many professionals are cautious about signing official forms for legal applications. Without a qualifying professional referee, the applications could not proceed in the standard way.

Our approach

We gathered a clear paper trail documenting each approach to a professional: copies of requests made to the GP practice and nursery, together with their written refusals or explanations. We then prepared a detailed submission to the Home Office explaining the circumstances, presenting the two alternative referees, and pre-empting any concerns a caseworker might raise.

Outcome

Both applications were approved. The two daughters are now British citizens.

Get in touch

If your child was born in the UK while you were on a BN(O) or other time-limited visa, and you or your spouse have since obtained ILR or British citizenship, your child may now be entitled to register as a British citizen. The process involves specific requirements — and as this case shows, practical obstacles can arise. We can assess eligibility, advise on the documentation needed, and prepare the application.