British Citizenship by Birth

How to Apply for British Citizenship by Birth

Being born in the UK will not automatically result in being a British citizen, and British citizenship by birth cannot always be acquired automatically via a parent’s immigration status. UK law no longer recognises every child born in the UK as a British national.

This means children can only receive British citizenship by birth based on specific circumstances and may need to apply for British citizenship.

If you wish to learn more about your options to register your children for British nationality, get in touch with the IAS team of immigration lawyers for advice.

How can I Register my Children for British Citizenship by Birth?

Only applicants aged 18 or above can naturalise as British Citizenship. If your children are under the age of 18, you will need to apply for registration on their behalf.

Children who are over the age of 13 can qualify for naturalisation only if they have lived in the UK for at least two years prior to their application for registration.

Children who were born in the UK from non-British nationals will be entitled to register for citizenship as soon as their parents acquire Indefinite Leave to Remain or Settlement Status.  Children of non-British parents who are already settled in the UK will usually automatically obtain nationality at birth.

To register your children for British citizenship, you must complete the appropriate form via the Home Office. You will also be required to book an appointment at your nearest UKVCAS service point to provide biometric information and submit appropriate supporting paperwork.

Do Children of UK Nationals Born Abroad Obtain British Citizenship by Birth?

According to the 1981 British Nationality Act, an individual born outside the UK can be a British citizen if at the time of the birth either the father or the mother was a UK national.

Children under the age of 18 can acquire or register for British citizenship providing that:

• Both parents have lived in the UK for three years on the date that the application is submitted.
• Both parents sign and consent to the application.
• If the child is aged ten or older, he or she must be of good character.

If both parents were born in the UK, the child will automatically acquire citizenship status. If the parents are both British nationals but were born abroad, children will need to be registered for nationality. The same applies to children born abroad who were adopted by British parents.

Do children Born in the UK Automatically Acquire British Citizenship?

Your entitlement to apply for British citizenship if you were born in the UK depends on your circumstances.

Children born on or after 1^st January 1983

If you or your children were born in the UK on or after 1st January 1983, you could be eligible for British citizenship. To qualify, the applicant must either:

• Be under the age of 18.
• Have lived in the UK until they were 10 or older.

You will acquire your nationality status only when at least one of your parents becomes a British citizen, or at gains permission to stay in the UK permanently on ILR or EU Settlement Status.

Children born before 1983

You are automatically a British citizen if you were born in the UK before 1 January 1983, unless your father was a diplomat working for a non-UK country or if you were born in the Channel Islands during World War 2.

To ensure that you hold British nationality, you can ask for a letter of confirmation of your status from the Home Office.

How do you Acquire British Citizenship by Descent?

Through British citizenship by descent, individuals who were not born abroad can naturalise in the UK based on their parents or grandparents’ nationality status.

To qualify, the child’s parents need to be British nationals and to have lived in the UK for a continuous period of at last three years, with no more of 270 days of absence during that time.

In some instances, eligible children are not automatically citizens of the UK but need to register for their nationality status. The law is applied as follows:

• Children born on or after 1^st July 2006 are automatically British nationals providing that one of the parents was a British citizen at the time of the birth.
• Children born between 1983 and June 2006 could acquire UK citizenship if one of the parents was a British national at the time of the birth.
• Children born before 1983 are automatically UK citizens if the father is British or a citizen of the United Kingdom and Colonies, other than married to their mother.

You can register for citizenship by descent either online or submitting a paper application on Form MN1. The application can be made from both within the UK or abroad.

Can You Get British Citizenship Through Adoption?

According to the 1981 British Nationality Act, as amended by the 2002 Adoption and Children Act, children adopted on or after 1st January 1983 acquire British citizenship automatically if one of the adopters is a UK national.

A child who is not already a British citizen also acquires UK nationality, providing that at least one of the adopters is habitually resident in the country or one of the designated territories.

Children who are subject to a parental order made in a UK court can become British citizens if the person making the order is  UK national.

British citizenship acquired by adoption is not lost if the adoption or parental order ceases to have effect.

How Can My Children Get a British Passport?

You can apply for your children’s passport on their behalf if they are under the age of 16. On average, it takes up to three weeks to receive a child passport but this time can often increase depending on the time of year.

To apply for a passport for your children, you will need the details and the signatures of both parents or any person with parental responsibility. If you cannot provide this information, you must prepare a written statement to explain your circumstances. Children between the age of 12 to 15 are required to sign the application form themselves.

If your child has never had a British passport, you must apply for a first child passport. Once you have submitted your request, you will need someone of your choice to confirm your child’s identity. This person must be a British citizen, have known you for at least 2 years and work in a recognised profession. The HM Passport Office will get in touch with your referee as a part of your passport application process.

A British passport for a child costs £57.50 if you apply online, or £69 if you submit your paper form at a Post Office.

What Documents are Needed to Apply for a British Passport for my Child?

To apply for a British passport for your child, you must provide specific documentation. The UKVI will only accept original documents or official copies of certificates. Certified copies and photocopies are not accepted and will make the application invalid.

Along with the British passport application form, you must submit:

• Your child’s full birth or adoption certificate. If the name on your passport does not match the one written on the birth certificate, you must provide a signed letter from any person with parental responsibility confirming the name change and at least one proof of the new name being used in official records.
• Any previous valid passport from a different country belonging to your child.
• Evidence that your child is a British national.

If your documents are not in English or Welsh, you will need to provide certified translations.

What is the British Citizenship by Birth Application Form?

To register your child under the age of 18 for British citizenship by birth or adoption you can use the Form MN1.

This form can be filed by applicants living either in the UK or in the Channel Islands, Isle of Man or any other British Overseas Territory.

Section 5 of Form MN1 must be completed with the details of your referees. These persons need to confirm your child’s identity and be willing to confirm this to the Home Office.

Both parents are also required to provide their personal information and their consent.

If you are a single parent or you cannot produce details of your child’s biological parents, you must attach to your form a written statement to explain your situation.

Those who were born before 1983 and wish to apply for registration, need to use a different form – Form UKM instead.

British Citizenship by Birth Application Advice

At IAS, our lawyers can guide you and your family through each step of your British citizenship by birth application. By hiring our experts, you can entrust your case to one of our best IAA accredited professionals.

Call us on 0333 363 8577 or make an enquiry online to begin your British Citizenship by birth application.

British Citizenship by Birth Application Assistance

Since acquiring British citizenship by birth may be a complicated process, it is advisable to seek legal guidance. Our lawyers have already helped several families to settle in the UK, and are happy to review your case and discuss your options for registering your children as British nationals. Speak to our experts to learn how we can help you complete your citizenship by birth application.

Will my Child Born Through Surrogacy be British?

At the moment, UK Immigration and Nationality law on surrogacy is particularly complex, since each case is different and may require a different route to ensure that the child acquires British citizenship.

Children born through surrogacy need to be registered for UK nationality and, consequently, for a British passport.

If a parental order has been granted in the UK on or after 6^th April 2010, your child can acquire nationality through his or her parents’ name.

Where the parents are on the same sex, the parent whose details appear first on the parental order will be considered “mother or parent 1”. This information will not be printed on your child’s passport.

Does my Child Need to be of “Good Character”?

To be accepted as a British citizen, you must demonstrate your good character, meaning that you must have observed UK laws since the date you entered the country.

According to the UK Nationality Law, all applicants aged 10 or over must also meet the “good character” requirements. To qualify, your children must:

• Have always respected the law and not have been involved in or convicted of any crimes. This includes war crimes, terrorism, and actions considered not to be conducive to the public good.
• Not have breached immigration laws, such as overstaying any previous status or visa.

When assessing whether a child is of good character, the Home Office will take into account his or her age and potential particular circumstances.

Will my Child Need to Attend a Citizenship Ceremony?

Only applicants aged 18 or over are required to take an oath to receive their citizenship certificate. Nevertheless, children who wish to attend a citizenship ceremony will be asked to swear an Oath of Allegiance and pledge their loyalty to the UK. Following this ceremony, they will be presented with their certificate of Naturalisation and will be able to apply for a British passport.

If your child does not speak English or has special needs, you can request the service of a certified interpreter.

Can my Children Hold Multiple or Dual Citizenship in the UK?

Before registering your children for British nationality, you should check if this may result in the loss of their present citizenship. Since UK law recognises the right to hold dual or multiple nationalities, you may not have to renounce your status in the UK if you wish to naturalise in another country.

It must be noted that, if the country of which your children are currently citizens accept dual nationalities, they may continue to be subject to their duties of citizens (such as undergoing military service) of that country when they are not in the UK.

What is the British Citizenship by Birth Fee?

It costs £1,214 to register your children for British citizenship.

This does not include an additional charge to book your citizenship ceremony, that is mandatory only for applicants aged 18 or over. You may also be asked to pay £19.20 to have your fingerprints and photos taken.

What is a Status Letter?

A status letter should not be confused with a certificate of nationality. The status letter only confirms the UKVI’s assessment of a person’s nationality status and is not an official confirmation of citizenship. Only the courts can determine conclusively whether someone officially holds British citizenship.

Status letters can be used to obtain details of how you and your children can acquire British nationality depending on your circumstances. You can require this document by using the Form NS. If you wish to establish whether you are already recognised as a UK national, you should apply for a British passport or a certificate of entitlement to the right of abode