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British Citizenship by Birth

Rules and eligibility for individuals born in the UK to automatically acquire British citizenship, depending on parental status.

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British Citizenship by Birth in the United Kingdom: A Comprehensive Guide

British citizenship by birth is a complex area of UK immigration law, as not all children born in the UK automatically acquire British citizenship. The rules depend on the child’s date of birth, the immigration status of their parents at the time of birth, and other specific circumstances. Below is a detailed guide to help you understand the eligibility criteria, regulations, procedures, costs, and considerations.

1. Key Regulations Governing British Citizenship by Birth

The rules for British citizenship by birth are primarily governed by the British Nationality Act 1981. This legislation outlines the conditions under which a child born in the UK is automatically a British citizen or can register as one later.

Automatic British Citizenship

A child born in the UK is automatically a British citizen if, at the time of their birth, at least one of their parents meets one of the following conditions:

  • Is a British citizen, or
  • Is settled in the UK (i.e., holds Indefinite Leave to Remain (ILR), Settled Status under the EU Settlement Scheme, or has permanent residence).

If neither parent meets these conditions at the time of the child’s birth, the child is not automatically a British citizen but may be eligible to register as one later.

2. Eligibility Criteria for British Citizenship by Birth

Eligibility depends on the child’s circumstances and the parents’ immigration status. Below are the key scenarios:

A. Automatic Citizenship at Birth

A child born in the UK is automatically a British citizen if:

  1. One or both parents are British citizens at the time of the child’s birth.
  2. One or both parents are settled in the UK at the time of the child’s birth.

Definition of "Settled"

  • A parent is considered "settled" if they have Indefinite Leave to Remain (ILR), Settled Status under the EU Settlement Scheme, or permanent residence.
  • Irish citizens are treated as settled for this purpose, even if they do not hold ILR.

B. Registration as a British Citizen

If a child is not automatically a British citizen at birth, they may be eligible to register as a British citizen under certain conditions. Registration is a formal process that requires an application to the Home Office.

Eligibility for Registration

  1. Child born in the UK who later becomes eligible:

    • If the child was born in the UK and one or both parents later become settled or acquire British citizenship, the child can register as a British citizen.
    • Example: A child born in the UK to parents on a work visa can register as a British citizen once the parents obtain ILR.

  2. Child born in the UK and has lived in the UK for 10 years:

    • A child who has lived in the UK continuously for the first 10 years of their life can register as a British citizen, regardless of the parents’ immigration status.

  3. Discretionary Registration:

    • In some cases, the Home Office may exercise discretion to register a child as a British citizen if it is in the child’s best interests. This is assessed on a case-by-case basis.

3. Costs of British Citizenship by Birth

The costs associated with British citizenship by birth depend on whether the child is automatically a citizen or needs to register.

A. Automatic Citizenship

  • There are no costs if the child is automatically a British citizen at birth. A British passport can be applied for directly (passport fees apply).

B. Registration as a British Citizen

  • The registration fee for a child is £1,012 (as of October 2023).
  • Additional costs may include:
    • Biometric enrolment fee: £19.20.
    • Legal or professional advice fees (optional but recommended for complex cases).

C. British Passport Application

  • Once the child is a British citizen, a passport can be applied for. The current fees for a child’s passport are:
    • £53.50 for an online application.
    • £64.00 for a paper application.

4. Standard Procedures for British Citizenship by Birth

The process varies depending on whether the child is automatically a citizen or needs to register.

A. Automatic Citizenship

  1. Confirm eligibility: Check the parents’ status at the time of the child’s birth.
  2. Apply for a British passport: If the child is automatically a citizen, you can apply for a passport directly. You will need:
    • The child’s full UK birth certificate.
    • Proof of the parent’s British citizenship or settled status at the time of the child’s birth.

B. Registration as a British Citizen

  1. Confirm eligibility for registration: Determine if the child meets the criteria for registration.
  2. Complete the application form: Use Form MN1 for children under 18.
    • The form can be completed online or by post.
  3. Provide supporting documents:
    • The child’s full UK birth certificate.
    • Evidence of the parent’s settled status or British citizenship (if applicable).
    • Proof of the child’s residence in the UK (if applying under the 10-year rule).
  4. Pay the application fee: £1,012 plus biometric enrolment fee.
  5. Submit biometric information: The child will need to attend a biometric appointment.
  6. Wait for a decision: The Home Office typically takes 6 months to process registration applications.
  7. Apply for a British passport: Once the child is registered, you can apply for their passport.

5. Country-Specific Considerations

  • Dual Nationality: The UK allows dual nationality, so a child who becomes a British citizen may also retain their original nationality, depending on the laws of the other country.
  • Irish Citizens: Children born in the UK to Irish parents are treated as British citizens if the parents are considered "settled" under UK law.
  • EU Nationals: For children born to EU nationals, the parents’ status under the EU Settlement Scheme is crucial. If the parents have Settled Status, the child is automatically a British citizen.
  • Statelessness: If a child born in the UK would otherwise be stateless (i.e., not acquire any nationality), they may be eligible to register as a British citizen.

6. Additional Notes

  • Proof of Citizenship: If there is any doubt about a child’s citizenship status, you can apply for a Nationality Status Certificate from the Home Office.
  • Legal Advice: For complex cases, such as discretionary registration or statelessness, it is advisable to seek professional legal advice.

7. Summary

  • A child born in the UK is automatically a British citizen if at least one parent is a British citizen or settled in the UK at the time of birth.
  • If the child is not automatically a citizen, they may be eligible to register as a British citizen later, depending on the parents’ status or the child’s circumstances.
  • The registration fee is £1,012, and the process typically takes 6 months.
  • Once citizenship is confirmed, a British passport can be applied for.

Understanding the rules and procedures for British citizenship by birth is essential to ensure the child’s rights are secured. If in doubt, consult the Home Office website or seek professional advice.