I am a British Citizen by birth – my child was born overseas. Can I register them as a British Citizen?

Starting a new life and family overseas can be a stressful experience, especially when it comes to navigating the complexities of nationality around your children. If you are a British Citizen by birth, who lives overseas, registering your child as a British Citizen can be an important step to securing the benefits conferred by this status.

Is my child automatically a British Citizen?

Whether your child is a British Citizen is dependent on factors related to you and the circumstances of your child’s birth. For example, if your child was born after 1 July 2006, and at the time of birth either you or your partner were a British Citizen who is eligible to pass on citizenship to their child, then your child will be British. However, as a counterexample, if you are a British father, and your child was born before 1 July 2006 outside of marriage, your child may not have acquired the automatic right to British citizenship. Only a parent who is British by other than descent can pass nationality to their child born overseas.

What is the process if my child is not automatically a British Citizen?

The key piece of legislation when it comes to determining whether your child is eligible to be registered as a British Citizen is the British Nationality Act 1981. The provisions of the Act allow for the registration of a minor born overseas to a British parent who is British by descent, based on the parent’s or grandparent’s residence in the UK before the child’s birth or at the date of application for the registration of a minor.

What if my child does not meet these criteria?

In cases where you or your child may not meet these exact criteria, you may have to make a discretionary application, which is where Gherson’s assistance may be of use.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in offering comprehensive support to businesses navigating sponsorship licence issues. 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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