hello everyone
its been while i discussed here about application for british citizenship of my kids on the basis of discretion of the home secretary.I applied 7 months ago for me elder daughter 1st.I am british citizen , my wife is on spouse visa and two daughters on dependent visas.youngest born here in uk and have BP.
Today i recieve email from my solicitor and its refused.Following is the email.Its just for info for members here.Thanks
Your application for British Citizenship has been refused
Your application for British Citizenship was received on 2023-09. The application has been considered under section 3(1)of the British Nationality Act 1981.
You have not demonstrated that you meet the requirements for registration and your application has been refused.
What this means for you
You have not been registered as a British Citizen.
The reasons for this decision are set out in the next section.
Yours sincerely
On behalf of the Secretary of State for the Home Department
Your personal information
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at
https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
Reasons for decision
3(1) discretionary registration – reasons for refusal
Details of the usual expectations for section 3(1) can found at
https://www.legislation.gov.uk/ukpga/1981/61/section/3
Section 3(1) allows for registration as a British Citizen at the Home Secretary’s discretion, the only requirements are that you are under 18 and of good character. I have considered whether to exercise discretion in your case. However, there are criteria that you would normally be expected to meet. These are set out in the Registration as a British citizen: children Nationality policy guidance, details can be found at:
https://www.gov.uk/government/publicati ... y-guidance
You do not meet the criteria because:
you are not ‘settled’ in the UK, to be settled you must be free of immigration time limits or have permanent residence under EEA regulations or settled status under the EU Settlement Scheme
although one parent is a British Citizen, your other parent is not ‘settled’ in the UK, to be settled they must be free of immigration time limits or have Permanent Residence under EEA regulations or settled status under the EU Settlement Scheme
I am not satisfied that your future intention is to make the UK your primary home
Further explanation may be provided if needed.
I have considered whether there are grounds to exercise discretion to register you as a British Citizen and have taken into account your length of residence in the UK. However, I am not satisfied there are sufficient grounds to do so.
As you are a child, I have considered your best interests in making this decision. You can find out more about why and how we consider a child’s best interests at
https://www.gov.uk/government/publicati ... y-guidance.
Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.
You can request a review of this decision using the form at
https://www.gov.uk/government/publicati ... ed-form-nr
If you still wish to become a British Citizen, you can make a new application. You can do this at any time, but you are advised to ensure, as far as possible, that the requirements are met before doing so.
as far as i know , we don't have any grounds to go for review as this is on the basis of discretion.Am i right?
Also, some of the points that i understand are
Parent(father or mother) should b british by decent also
Time spent in the uk should be more then 3 years for applicant
one thing that stuck in my mind is where he says "Section 3(1) allows for registration as a British Citizen at the Home Secretary’s discretion, the only requirements are that you are under 18 and of good character."
why it says only requirement here.It should be one of the requirement here is that .......
any thought?