British Citizenship for Child Born Abroad

Usually, automatic citizenship is passed down by one generation to children born outside the UK. Generally, children who are born outside the UK will acquire British citizenship by descent if they have at least one parent who has British citizen other than by descent.

However, this is not always the case and if your child was born outside of the UK, they may not automatically have received British Citizenship.

Children born abroad could be automatic citizens depending on their parents status and when they were born. Children born:

• On or after 30 April 2006 will be British citizens if at least one parent was a British citizen at the time of their birth and could pass their citizenship onto the child.
• From 1 January 1983 to 30th June 2006 will be British citizens if their mother or father was a British citizen when they were born, however, the parents must have been married if the father had British citizenship but the mother did not.
• Before 1st January 1983 will automatically be a British citizen if their father was a citizen of the United Kingdom of colonies at the time of their birth, was married to their mother and was eligible to pass citizenship on.

If a child born overseas does not qualify for automatic citizenship but they do have a British parent then they may still be eligible to become a British national by registering for citizenship.

While different to Naturalisation, the application to register your child as a British citizen is still long and complex.

Your child will not need to fulfil most of the requirements of British Citizenship through naturalisation. They will not need to provide proof of English Language ability or pass a Life in the UK test.

You will, however, still need to provide:

• an extensive immigration history;
• reasons for wanting to apply;
• original documents, such as birth certificates and current passports; and
• biometric information (fingerprints and a photograph), this costs less than £20.

To ensure that your application is completed smoothly and within a reasonable timeframe, get in touch with the expert lawyers at IAS.

If your child is an automatic British citizen or if you have successfully registered them as a British citizen then they will be eligible for a British passport.

Someone who has parental responsibility must make a passport application on behalf of the child. Their are two ways to apply for a child’s passport, you can either apply by post or you can apply online.

As of February 2023, it costs £53.50 to apply for a child’s passport online and £64 to apply by post. The type of documents that you will need to provide vary depending on the method you choose to apply.

It generally takes around 5 weeks for a child’s first passport application to be processed.

Do children need to meet the good character requirement?

If your child is over 10 then they are required by the Home Office to meet the good character requirement. This means they must not have any severe criminal convictions committed in the UK or overseas. All children aged under 10 are exempt from the good character requirement.

In order to register your child for British citizenship by descent when they are born abroad you will need to complete the application form MN1. The form is relatively straightforward but you are advised to seek legal advice if you are unclear otherwise you could face lengthy and costly delays.

When submitting the MN1 form you will need to ensure you have the following to hand:

• Personal information- you must detail both yours and your child’s personal details
• Residence- you must provide information pertaining to your child’s UK residence history
• Parent’s residence- you must provide information pertaining to your own residence history
• Good character- this is relevant to children aged 10 and over, and relates to personal history
• Reference- you must include two references. Both must know the child. One must be a professional
• Biometric information- the child’s fingerprints and digital photographs must be submitted
• Consent- both of the child’s parents must sign their consent in this section
• Declaration- you must declare that all the information given is honest and correct

British Citizenship and Parental Orders

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.

In order to acquire citizenship for a child that was born abroad, there are a number of eligibility requirements that must first be satisfied.

They must:

• Have been born outside the UK
• Have had at least one British parent at the time of birth
• If aged over 10, the child must be of good character
• The child’s mother and father must have lived in the UK for the three years that precede the application being submitted

However, the process is not automatic, and registration needs to be completed in order for the young person to be able to apply for a British passport.

Parents are able to register the child for citizenship using application form MN1. Registering will enable them to enter the country and registering for citizenship for a child British by descent must be done before they turn 18.

British Citizenship by descent

British citizenship by descent is when a person born abroad is able to acquire citizenship through the immigration status of one or both parents.

For your child to be considered a British citizen by descent, they will need to have been born outside of the UK. In addition to this, at least one of their parents must have been a British national at the time of their birth.

Children whose circumstances this applies to do not automatically become British citizens. However, if your son/daughter was born abroad to a British citizen, it is possible to register them for nationality – and British citizenship by descent.

Immigration law means that many people are able to automatically acquire British citizenship. British citizenship by automatic acquisition means you have the right to live in the UK without any restrictions.

In order to qualify you must meet the following:

• Been born in the UK on or after 1 January 1983 and at the time of your birth either your mother or your father was a British citizen or settled in the UK
• To have been born outside the UK on or after 1 January 1983 and at the time of your birth either your mother or your father was a British citizen otherwise than by descent; or
• To have been born before 1 January 1983 and immediately before that date to have been a Citizen of the UK and Colonies with a right to live in the UK.

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.

However, adopted children overseas and gaining British citizenship can be a very complicated matter and you are advised to seek legal advice if you are unclear. In some cases, adopted children are British citizens following the date of their adoption, but this does depend on the situation of their adoptee parents.

On a case-by-case basis, there is some leeway for the Home Office to register them as British citizens but equally adopted children who are not British automatically may have to apply for leave to enter and remain in the UK.

Section 3(2) of the British Nationality Act, a child, under the age of 18 on the date of application, can apply to register as a British citizen, providing that the following requirements are met:

• they were born outside of the UK
• the mother or father of the parent in question (ie the child’s grandparent) became or but for their death would have become, a British citizen otherwise than by descent either on 1 January 1983 or at the time of the parent’s birth;
• the parent who is British by descent must have lived in the UK for a continuous period of three years at any time prior to the child’s birth – this does not need to be the three years directly proceeding the application.
• during this three-year period, the parent must not have been away from the UK for more than 270 days
• if aged ten years or older, the child is of good character

A child may have an entitlement to register as a British citizenship under section 3(5) of the British Nationality Act 1981.

It is possible for a child under the age of 18 to register as a British citizen on the basis of section 3(5) of the Act is the following requirements are met:

• They were born outside of the UK
• At the time of their birth they had a parent who was a British citizen by descent
• The child’s mother and father must have both lived in the UK for at least a three-year period ending on the date that the application is received by the Home Office
• The child must also have lived in the UK for the same three-year period
• The child and their parents must not have been absent from the UK for more than 270 days during the three-year residence period
• The consent of both parents is given to the application
• If aged ten years or older, the child is of good character