Navigating the path to British citizenship for your child can seem complex, but understanding the key eligibility criteria and application processes can make it more manageable. This blog outlines the primary routes through which children may acquire British citizenship, focusing on birth circumstances, parental status and residency requirements.
Step one: check if your child is already a British citizen
Before beginning the registration process, it is essential to determine whether your child may already be a British citizen. Your child may have acquired British citizenship automatically if:
- They were born in the UK and at least one parent was a British citizen or settled (e.g. held Indefinite Leave to Remain or settled status) at the time of birth.
- They were born abroad to a parent who held British citizenship at the time of their birth (this applies in certain circumstances).
If your child is already a British citizen, there’s no need to apply for citizenship. Instead, you can apply for their first British passport directly.
Children born in the UK
1. Automatic citizenship at birth:
A child born in the UK will usually be a British citizen automatically if their biological father or mother was either:
- A British citizen, or
- Settled in the UK at the time of the child’s birth.
2. Registration after birth:
A child born in the UK to parents who are neither British citizens nor settled (e.g. on temporary visas) will not automatically acquire British citizenship. They may only acquire citizenship through other routes, such as registration, later in certain conditions:
- One parent becomes a British citizen or obtains settled status after the child is born.
- The child has lived in the UK for the first 10 years of their life (with limited absences).
- One parent joined the UK armed forces after the child was born.
Children born outside the UK
The rules for children born outside the UK are more nuanced. While some may automatically inherit British citizenship, others may need to be registered, depending on the parent’s status and residency.
1. Automatic citizenship:
Your child will usually be a British citizen if their biological father or mother was born in the UK or became a British citizen through registration or naturalisation and had citizenship at the time of their child’s birth.
2. British by descent:
If you were born outside the UK and acquired British citizenship through a British parent, you are considered ‘British by descent’. This status typically does not allow you to automatically pass British citizenship to your children born outside the UK. However, you can apply to register your child if:
- You lived in the UK for at least three continuous years, with minimal absences, at any time before your child was born; or
- You, your partner, and your child all moved to the UK and lived here for three years after the child’s birth.
3. Other pathways to registration:
You can also apply to register your child as British if:
- You, your child, and the other parent are all settled in the UK and have lived here lawfully for the last five years, and your child has held settled status for at least one year.
- You, your child, and the other parent are all legally resident in the UK, and your child has lived in the UK for the last 10 years.
Discretionary registration
Under Section 3(1) of the British Nationality Act 1981, the Home Office has the discretion to register any child under 18 as a British citizen. This route is typically used when the child does not meet the standard entitlement criteria but has strong ties to the UK.
Factors taken into consideration include:
- The child’s length of residence in the UK.
- The immigration status of the child and parents.
- The child’s future intentions to remain in the UK; and
- Whether registration is in the best interest of the child.
Application process
1. Form MN1:
To register a child as a British citizen, you must complete Form MN1. This form is used for applications made under various sections of the British Nationality Act.
2. Supporting documents
Supporting evidence is critical and includes but is not limited to:
- Your child’s full birth certificate.
- Parents’ marriage or civil partnership certificate (if applicable).
- Evidence of parents’ British citizenship or settled status.
- Proof of the child’s residence in the UK.
3. Processing time
Applications are usually processed within six months, though this can vary based on complexity and additional documentation requests.
If you need guidance on any part of the application process, it is advisable to seek professional advice from us at Gherson to ensure your application is both complete and accurate.
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How Gherson can assist
Gherson’s Immigration Team are highly experienced in offering comprehensive support for citizenship applications. If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram, or LinkedIn 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 do not 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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