1. Does the UK Give Citizenship by Birth?
The UK does not automatically grant citizenship by birth to all children born on British soil. Unlike some countries with “birthright citizenship,” such as the U.S., the UK requires at least one parent to meet certain residency or citizenship criteria for a child to be automatically recognized as a British citizen. This rule applies to both children born to British citizens and those with foreign national parents.
2. Who Qualifies for UK Citizenship by Birth?
A child born in the UK is automatically a British citizen if at least one parent:
- Is a British citizen, or
- Has settled status, such as Indefinite Leave to Remain (ILR) or EU Settled Status.
In these cases, the child does not need to go through an application process for citizenship. They automatically gain British citizenship at birth.
3. Children Born in the UK to Foreign Nationals
If neither parent is a British citizen or settled in the UK, the child will not automatically gain British citizenship at birth. However, options are available to help children born in the UK acquire citizenship:
- Registration as a British Citizen: A child born in the UK who lives there until at least age 10 can apply for citizenship through registration, provided they have not been outside the UK for more than 90 days per year.
- Parents Gain Settled Status: If a child is born to parents who later obtain British citizenship or settled status, the child may be eligible to register as a British citizen.
This process provides an alternative pathway for children who do not qualify for automatic citizenship.
4. Citizenship by Birth for Children of EEA Nationals
Children born in the UK to parents from EEA countries follow the same general rule: if one parent has Settled Status or Permanent Residence under the EU Settlement Scheme, the child is automatically considered a British citizen.
- Pre-Settled Status: If the parent holds Pre-Settled Status, the child is not automatically a citizen, but may later apply for citizenship when a parent becomes settled.
This rule ensures that children of EEA nationals who have met UK residency requirements have the opportunity to secure citizenship.
5. How to Register a Child as a British Citizen
If a child is not automatically a British citizen at birth, parents may apply to register them as a citizen once they meet certain criteria:
- Eligibility Requirements: The child must have lived in the UK for a specified period or have a parent with newly acquired British citizenship or settled status.
- Application Process: Complete Form MN1 and provide supporting documents, such as the child’s birth certificate and evidence of residence in the UK.
- Application Fee: Registration currently costs £1,012 (subject to changes), and applications are submitted to the Home Office.
Once approved, the child is granted British citizenship, allowing them to apply for a UK passport.
6. Children Born Abroad to British Parents
A child born abroad to a British citizen can still be a British citizen, depending on the parent’s citizenship type:
- British Citizens by Descent: If a child is born outside the UK to a British citizen parent, they may be considered a British citizen by descent. However, they may not be able to pass citizenship on to their own children if born abroad.
- Non-Descent Citizenship: If a British citizen parent acquired citizenship through naturalization or birth in the UK, they may pass citizenship to their children born abroad.
In both cases, the child is eligible to apply for a British passport as evidence of citizenship.
7. Key Points for Parents Considering UK Citizenship for Their Child
For parents considering citizenship options for their UK-born child:
- Act Early: If neither parent holds British citizenship or settled status at birth, applying for registration is an option once the child meets the residency criteria.
- Retain Documentation: Keep a record of the child’s residency, schooling, and any significant absences from the UK to support registration applications.
- Understand Fees and Processing Time: Registration is not free and can take several months, so planning ahead is essential.
These steps help ensure smooth citizenship applications when the time comes.
8. Differences Between Birthright Citizenship and UK Citizenship by Birth
The UK’s approach to citizenship by birth differs from countries with birthright citizenship policies:
- No Automatic Citizenship by Location: In the UK, the child’s birthplace alone does not grant citizenship. Instead, it is based on the parent’s immigration status.
- Focus on Parental Status: The UK’s policy ensures that children born to citizens or settled residents automatically gain citizenship, while others must apply.
- Residency-Based Alternatives: Children born in the UK who do not qualify automatically still have pathways to citizenship through residency and registration.
These distinctions reflect the UK’s focus on family and residency connections over simple birthplace criteria.
9. Frequently Asked Questions (FAQs)
Q1: Does my child automatically become a British citizen if born in the UK?
A: Only if at least one parent is a British citizen or has settled status in the UK. Otherwise, the child may need to apply for citizenship.
Q2: Can my child apply for citizenship if they live in the UK for several years?
A: Yes, a child born in the UK can register for citizenship after living in the UK for at least 10 years.
Q3: Do children born in the UK to EEA nationals get automatic citizenship?
A: Only if at least one parent has Settled Status or Permanent Residence in the UK under the EU Settlement Scheme.
Q4: How much does it cost to register a child as a British citizen?
A: The application fee for registering a child as a British citizen is £1,012.
Q5: What is the difference between ILR and British citizenship for a child?
A: ILR provides permanent residency without citizenship rights, while British citizenship allows the child to hold a UK passport and access full citizenship benefits.
Q6: Can my child born abroad become a British citizen?
A: Yes, if born to a British citizen parent, the child may be eligible for British citizenship, often by descent.