I am an EEA national – is my child British?

As of 21 September 2021, over 500,000 applications remain pending under the EU Settlement Scheme.

In response, a new section has been introduced under the British Nationality Act 1981 (Immigration Rules Appendix EU) Regulations 2021, which contains provisions for children that were born during the time in which their parent’s EU Settlement Scheme application was pending once the deadline (30 June 2021) under the scheme had passed.

A child born to a parent who had been granted Settled Status under the EU Settlement Scheme before the deadline on 30 June 2021 would automatically be considered British.

The new section under the BNA 1981 addresses those children born to a parent who does not have Settled Status at the time of their birth, but who would have submitted an ultimately successful application under the scheme.

Under the EU Settlement Scheme, someone is considered to be settled if they hold Settled Status (equivalent to indefinite leave to remain) granted under the scheme.

When does section 10A apply?

This section applies when a child is born after 30 June 2021 and their parent’s application under the EU Settlement Scheme is not granted until after their birth. If the parent then acquires Settled Status, the child may be deemed to have automatically acquired British citizenship on the date that their parent was granted status.

Does your child meet the requirements for section 10A?

If your child meets the requirements of Section 10A of the BNA 1981, they will be able to make an application for a first British Child passport.

Gherson has extensive experience of assisting clients on nationality matters. In the event that you would like to discuss the possibility of making such an application, please do not hesitate to contact us, send us an e-mail, or alternatively, follow us on Twitter, Facebook, 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 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.

©Gherson 2021