The IAS Visa Wizard is the easy way to find the correct visa for you
If you and your partner are both living in the UK when your child is born, this does not automatically qualify them for British Citizenship by birth. From 1983, the government no longer recognises every child born in the UK as British citizens at the time of their birth.
Your child will receive British Citizenship by descent if they are born in the UK and at least one of the parents holds British Citizenship rather than being recognised as having British citizenship by birth. For British citizens who have their children overseas, they will need to be registered as a British citizen. This will ensure your child has access to their full rights and entitlements to such things as a British passport, as is the usual case for a child born in the UK.
For the child of non-British parents to receive British Citizenship by birth, at least one parent must have ‘settled status’ in the UK. This can be either Indefinite Leave to Remain or EEA Permanent Residence. If you are not yet eligible to apply for settled status you will be able to register your child as a British citizen once it has been granted.
The registration for British citizenship by birth can be a complex process, and seeking legal advice is highly advised.
Our lawyers have a wealth of experience in British Citizenship cases. Your personal lawyer will work with you and your family to find the best route towards citizenship and manage your application. For more information or to discuss your circumstances, contact us online today or call 0333 363 8577 now for a free consultation regarding your British citizenship by birth queries.
Please see our FAQs below for more information or, for more detailed information, read our full guide on the British citizenship requirements.
A child born in the UK does not automatically receive British citizenship by birth. For a child to be registered as a British citizen at birth, one or more parent will need to hold British Citizenship or ‘settled status’.
You can most often apply for settled status after five years of continuous residence. If you have not lived in the UK for five years or more before your child is born, you may still be able to apply after five years. Once you have received either Indefinite Leave to Remain or EEA PR, your child can be registered as a British citizen.
The application to register as a British citizen is separate to settled status. Your child will not automatically receive British Citizenship by birth once you have settled status.
More information on how to apply for UK settlement
There are two ways to apply for British Citizenship: Registration or Naturalisation. For children under 18, registration will be the necessary route.
Each type of application has many variations depending on an applicant’s personal situation. The level of evidence required for an application for British Citizenship by birth is very high and requires a lot of detail.
For the best chance of success, seeking the advice of an experienced immigration lawyer is advised.
More information about British Citizenship for children born abroad
If you and your partner are both subject to the Immigration Rules, your child will be recognised as your dependent at birth. This means the child has no automatic right to remain in the UK and is subject to the same visa rules as you.
To ensure your child is able to stay in the UK and grow up, you will need to first receive settled status or British Citizenship. Because your child does not have the right of British Citizenship by birth, they will need to be registered once they become eligible.
If your child is eligible for British Citizenship by descent – e.g. at least one parent is British, then they will be able to apply for a passport straight away.
For a child born in the UK to non-British parents with settled status, you will first have to register them as a British citizen. Once this application is successful, you can apply for a British passport for your child.
Any children born in the UK to non-British parents who are in the country on any other visa will have no right to apply for a British passport.
More information on applying for a British passport
We know that applications to a register as a British citizen are very serious. We understand the importance of securing the status of your family. With our services, you can be sure that your application will be completed thoroughly and to a professional standard.
Your lawyer will:
Contact us on 0333 363 8577 today or make an enquiry online to start your child’s application for British citizenship by birth or for more information from one of our expert immigration lawyers.
Comprehensive immigration advice tailored to your circumstances and goals
Designed to make your visa application as successful, smooth and stress-free as possible
Premium application service that ensures your visa application is submitted to meet your deadline
Ensure you have the greatest chance of a successful appeal. We will represent you in any hearings/tribunals
Guy was an international student about to finish his university course and had his sights set on starting a company in the UK. His spare time was very limited and… Read More
Mariam had escaped her home country following political unrest. When she got to the UK, she was faced with the very difficult asylum process. She was recommended to IAS and… Read More
Amanita was visiting her nephew in the UK following the loss of his mother. IAS was able to help her gain access to the child and stay in the UK… Read More
John (a UK national) met Vitchita (a Thai national) online and stayed in contact with her for many months.
After they met in person, they decided that there was something special… Read More
Krishan is a Pakistani National who has recently been taking care of his parents who were unwell. He decided to visit his cousins in the UK by making a Read More
Asis, a Spanish national, was offered employment in the UK but was unsure whether or not he would be able to bring his wife and children with him when he… Read More
IAS evaluated my situation properly and successfully tailored my application to secure a happy result
Scheme for agricultural workers opens Read More
High Court suspends immigration deportations after legal challenge Read More
Tier 1 Update Read More
All information on this page has been reviewed by an OISC accredited immigration adviser and was
Last Updated on