How to obtain British citizenship for a child born abroad

This article is specifically for children born outside the UK to parents who have no familial roots or historical connection to the UK, but who subsequently obtain indefinite leave to remain or settled status in the UK after their child’s birth.

Who can apply?

For children born inside the UK to parents who are settled in the UK at the time of their birth, the situation is simple. The children are automatically British at the time of their birth.

Child is born abroad

The situation becomes more complicated where the child is born outside of the UK. Where the child is born to a parent who is a British Citizen otherwise than by descent, then that child will automatically be a British Citizen by descent. The distinction between a British Citizen by descent and a British Citizen otherwise than by descent is that the former cannot automatically transmit their British Citizenship to children born outside the UK, while that latter can.

For children born outside the UK to parents who are not settled or British at the time of their birth, an application can be made to register them as British citizens on a discretionary basis. The application to register the child as a British citizen should be in the child’s best interests and the child must show a strong connection with the UK. The requirements to register a child as a British citizen on a discretionary basis are set out in law as below:

The Home Secretary may exercise their discretion to register people as British citizens under section 3(1) of the British Nationality Act 1981 if:

• the applicant is under 18 at the date of the application;
• if aged 10 years or over on the date of application, that the applicant is of good character;
• they think fit to register them.

The above, enshrined in statute, is not entirely helpful and therefore the guidance provided by the Home Office seeks to add more ‘flesh to the bones’ by outlining the factors that will be considered in deciding whether to register a child as a British citizen. These factors are as follows:

• The child’s future intentions – whether the child’s future is clearly seen to lie in the UK taking into account the place of residence of the child and the child’s parents;
• The circumstances of the child’s parents – the expectation is that at least one parent should be or is applying to be a British citizen and the other parent is settled in the UK although there are certain situations where this may not necessarily need to be the case;
• Residence in the UK – the child should have completed a period of residence in the UK. For children aged 13 or over, this is a 2-year period of residence although there is discretion for the Home Office to exceptionally register a child as a British citizen where this period of residence is not completed;
• The child’s immigration status – the expectation is that the child should hold indefinite leave to remain or permanent status in the UK before being considered for British citizenship;
• Any other compelling and compassionate circumstances raised as part of the application.

This list of factors is non-exhaustive and the Home Office is therefore permitted to take into account other factors not included in the list above. Similarly, the Home Office may register a child as a British citizen even if the factors above are not all met. It is therefore important to assess each case based on its unique facts and circumstances.

Gherson has a wealth of experience advising clients on British nationality law. If you have any questions or doubts regarding your immigration matters, please contact us for advice and to discuss your specific circumstances. Send us an e-mail, or alternatively, follow us on Twitter to stay up-to-date.

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. Gherson accepts 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 Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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