If your child was born in the UK and at the time of the birth either of her/his parents were:
- British citizens themselves or
- Settled in the UK (that means had indefinite leave to enter or remain or, if they were EEA citizens, had permanent residence)
then your child was automatically born a British citizen, and you can apply to the British Passport Office for a British passport for him or her. You will need the child’s full birth certifcate and the proof of the parent(s)’ British citizenship or settled status at the time of the birth.
Children not born in the UK
If your child was not born in the UK but either parent was a British citizen either through birth in the UK or through being registered or naturalised as a British citizen in the UK, before the child was born, your child was automatically born a British citizen (i.e. `by descent’)
The child can apply to the British Passport Office for a British passport. The child’s full birth certificate and the proof of the parent(s)’ status at the time of the birth, such as the parent’s original full birth certificate or original naturalisation or registration certificate will be needed.
If the parents were not married to each other, further evidence of the child’s parentage may be needed; get specialist legal advice before applying.
If your child was born in the UK but at the time of the birth neither of his parents were British or settled, then s/he was not born British.
Automatic Acquisition
Where a child is born in the UK to at least one British or settled parent, the child is automatically British. This applies for children born on or after 1 July 2006. ‘Settled’ means that the parent is in the UK legally and has no time restriction on their stay in the UK. For this to apply, the parent has to be settled at the time of the birth.
Before 1 July 2006, a child was automatically British if they were born to a British or settled mother. However, citizenship could only be passed down from a British or settled father if the child’s parents were married at the time of birth or married later.
However, thanks to a change in the law which came into force on 6 April 2015, a child born before 1 July 2006 to a British or settled father who was not married to the mother can apply to register as British by entitlement.
British Citizenship through Registration
Children cannot apply to ‘naturalise’, but instead must apply to register as British citizens. Adults can sometimes register too. There are two types of registration: entitlement and discretionary. All registrations are subject to a ‘good character’ assessment. The fee to apply for a child’s registration is £1,012, and there is no fee waiver or fee exemption for children in the care of a local authority.
To register by entitlement, the child must meet one of the following requirements:
- a child born in the UK whose parent or parents become British or settled (must apply before the child turns 18)
- a child born in the UK who has lived in the UK continuously until the age of ten (can be applied for after the child turns 18, but the fee is higher)
Other children can apply to register at discretion. The Home Office technically has a broad discretion to register any child as British. When considering whether or not to grant a discretionary application, the Home Office should consider each application on an individual basis. The Home Office has published criteria explaining what is considered when deciding whether or not to grant citizenship at discretion, which includes:
- the child’s future intentions
- the citizenship and immigration status of the child’s parents
- the length of the child’s residence in the UK
- whether or not the child is settled
- the child’s character (e.g. criminal convictions)
- parental consent
- what is in the child’s best interests
Applications at discretion, and in particular the ‘good character’ requirement, can be very complex: legal advice should be sought before making an application.
Adopted Children
If a child is adopted by a British citizen who is in the UK, the child will automatically become British from the date of the adoption. No citizenship application is necessary and the child can simply apply for a British passport if they wish.
If a child is adopted in another country then that country’s own adoption laws will apply. The adoption will not necessarily be recognised in other countries, including the UK. If the adoption is not recognised in the UK then the child will not automatically become British.
For clarity on adoption procedures please refer to our earlier post here.
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 which 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
