12 September 2022

British nationality requirements for a child born and lived in the UK for 10 years

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British nationality requirements for a child born and lived in the UK for 10 years

A child born in the UK to non-British parents is eligible to register as a British citizen through a 10-year continuous residence route. This route requires the submission of extensive supporting documentation to meet and prove continuous residence in the UK.

Registration of a child as a British citizen

The child applicant will automatically receive British citizenship if one or more of his/her parents hold British citizenship or settled status in the UK. Moreover, if any of the parents is granted British nationality or settled status after the birth of the child, the child will be eligible to be registered as a British national.

A child born to non-British parents with no settled status has an entitlement to register as a British citizen via the 10-year continuous residence route. In order to be eligible, the child applicant must not spend over 90 days outside the UK during the first 10 years of his/her life

Eligibility Requirements

A child’s eligibility to register as a British citizen is dependent on different factors, including but not limiting to, when the child was born and the immigration status of the parent. Typically, the child needs to prove the following to register as a British citizen

  • They were born in the UK on or after 1st January 1983;
  • They are 10 years old or over on the date of application, and under the age of 18; and
  • They have not spent a total of more than 90 days outside the United Kingdom for the first 10 years of their lives.

As per the British Nationality Act 1981, only whole days of absences are counted meaning that the departure date from the UK and arrival date in the UK are not considered as absences. Under special circumstances, the Home Office can make an exception in relation to excessive absences and can apply discretion to allow excess absences.

Documents Required

An application under Form T will need to be submitted to the Home Office. This form is used by applicants who have spent the first ten years of their lives in the UK. Some (but not all) of the documents that the Home Office requires the applicant to submit include:

  • Valid birth certificate,
  • Travel documents and passport for the first 10 years to confirm absences
  • Personal health record (Red Book)
  • Evidence of residence in the UK
  • Evidence of attendance from the child’s school.

Application

An applicant can make an application online or by post, however, applying online is more convenient. An applicant can book an appointment online and attend an appointment at the UK Visa and Citizenship Application Services (UKVCAS) to have their biometric information taken

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Awais has an extensive experience of advising high net-worth individuals on all types of immigration matters, ranging from investor and entrepreneur visa applications to appeals and judicial reviews in the Immigration Tribunal and the High Court.

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