Practitioner’s note on registration of children by discretion and Home Office revised guidance (section 3(1) British Nationality Act 1981)

The guidance has been revised in light of PRCBC’s last court challenge (Ojeh v SSHD). In April 2021, this court case settled without a final hearing with the Home Office agreeing to review their guidance.

In the last 8 years, PRCBC has had to bring numerous judicial review claims challenging the Home Office policy and practice under section 3(1) BNA 1981 (registration of children by discretion). We are therefore very pleased to see some positive changes in their revised guidance dated 18 July 2022.

You may particularly like to note the section of the new guidance on Children who have lived in the UK for more than 10 years.

Practitioners’ note, 30 July 2022 (revised 29 August 2022), can be downloaded here: