British citizenship for child born in UK to non-British parents

Child Born in UK to Foreign Parents: Citizenship & Passport Guidance

A child born in the UK to non-British parents may not automatically qualify for  British Citizenship. British Citizenship at birth is only available to children with a parent who holds British Citizenship or settled status.

For a 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. You must have evidence to show that either one or both parents are ‘settled’ in the UK. Examples include proof that you passed the Life in the UK test, and ILR certificate or a Permanent Residence Card. You will be able to register your child as a British citizen if you are granted settled status after their birth.

What are the requirements for British citizenship by birth for child born in uk to foreign parents?

The most common way to receive automatic British Citizenship is for one or more of the child’s parents to hold British Citizenship at the time of birth. Children with parents who hold British Citizenship will not need to register. They will be eligible for such things as a British passport at birth.

For non-British residents, holding ‘settled status’ at the time of your child’s birth will also entitle them to British Citizenship. Settled status includes Indefinite Leave to Remain and EEA Permanent Residence. This usually requires at least five years of continuous residence in the UK before you are eligible, so it may be something to consider before trying for a baby in the UK.

Can I Apply for a British Passport for My Child Born in the UK?

For a baby born in the UK to non-British parents who do not have settled status, there is an option to register them after their birth.

If one or more parents is granted settled status or British Citizenship after the birth, you will be able to register your child as a British citizen. This will mean that your child is no longer subject to UK Immigration Rules and their status in the country will be protected as a British citizen.

There is also a 10-year continuous residence route. A child born in the UK to non-British parents who remains in the UK for at least the first 10 years of their life is eligible to register as a British citizen. This also comes with the condition that the child must not spend longer than 90 days out of the country in each year they have lived in the UK.

This route naturally requires an extensive amount of documentation for each year of your child’s life to prove that they meet the continuous residence requirement. It is recommended that you seek expert advice when applying through this route.

Who is eligible to register as a British citizen if you are born in the uk are you a citizen?

If you were born in the UK, your eligibility to register as a British citizen depends on several different circumstances including when you were born and the immigration status of your parents.

You could be eligible to register as a British citizen if you were born on or after 1st January 1983 and since your birth one of your parents has become a British citizen or obtained settled status, or if you lived in the UK until you were at least 10.

To be eligible your parents must have obtained one of the following immigration stratus’s after your birth:

• British Citizenship
• Indefinite leave to remain
• Settled status under the EU Settlement Scheme
• Indefinite leave to enter
• Permanent residence status

You also must be under the age of 18 to register.

You don’t need to register for citizenship if when you were born one or both of your parents were British citizens or had settled status, if this is the case you will automatically be a British citizen. You will also usually have automatic citizenship if you were born in the UK before 1st January 1983.

How to apply for citizenship if you were born in the UK

To register as a British citizen you can apply online by filling in the form available on the gov.uk website.

You will also need to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point. During your appointment you will have your biometric information taken, this is your fingerprints and photograph.

When submitting your application you will also need to submit your supporting documents that prove you are able to meet the citizenship registration requirements. You can submit your documents by either uploading copies of them using the Home Office’s online service of by having them scanned at your UKVCAS appointment.

You can also submit an application by post but the processing time will be significantly longer if you choose to apply this way.

You will usually receive a decision on your application within 6 months, although this time may be longer. If your application is successful you may need to attend a British citizenship ceremony if you are 18 years old or over. Once you have registered as a British citizen you can apply for your first UK passport.

Checking and Updating Your Child’s Settled Status

If your child lives in the UK under the EU Settlement Scheme (EUSS), it’s essential to ensure their immigration status is up to date. The EUSS offers two types of status: pre-settled and settled. 

Pre-settled status is a temporary permission granted to EU nationals who have not lived in the UK for five years after the Brexit transition period. It is usually valid for five years. Settled status is a permanent status, similar to Indefinite Leave to Remain, granted after five years of continuous residence in the UK.

If you had pre-settled status when your child was born in the UK, they will be eligible for pre-settled status. They can apply for settlement when one parent attains settled status or after five years of continuous residence in the UK, whichever is shorter. On the other hand, if your child was born while you had settled status, they will automatically be British citizens.

How to Verify EU Settled Status Online

You can check your child’s status online via the UK Government’s ‘View and Prove Your Immigration Status’ portal using their identity document, such as:

• Passport
• National identity card
• Expired or valid biometric residence card

This portal lets you see whether your child has pre-settled or settled status and when it expires. If your child’s status doesn’t appear in the system or the link doesn’t work, double-check that you are using the same identity document used in the original application. You can also contact the EU Settlement Resolution Centre for help.

Converting Pre-settled to Settled Status

Your child’s pre-settled status will be automatically extended by 5 years just before it is due to expire, and you’ll receive a notification when this happens. You must continue to meet the requirement for this automatic extension to occur, including not being outside the UK for more than 6 months in a 12-month period.

If your child qualifies for a settled status, the Home Office may automatically convert their extended pre-settled status to a settled one. If your child’s status cannot be converted automatically, the Home Office will email you the steps to convert their status. 

How to Check Your Child’s Immigration or Nationality Status

A child is not automatically a British citizen just because they were born in the UK.

To determine your child’s immigration status, you need to consider your immigration status at the time of the child’s birth. If you or the child’s other parent had British citizenship or Indefinite Leave to Remain (ILR), your child is automatically British. You can apply directly for a UK passport for the child.

If your child was born before you got settled status or ILR, they will not be British citizens. You must make an immigration application, such as a dependent or EU settlement Scheme application for them, within the first three months of their birth. 

Afterwards, you can monitor their eVisa or online immigration status on the ‘View and Prove Your Immigration Status’ portal.  

How a Child Born in the UK Can Later Become a British Citizen

If your child was not a citizen when they were born in the UK, you can register them for UK citizenship if either:

• They are under 18 and you have become a British citizen, or gotten ILR since they were born, or
• Your child has lived in the UK until they were 10 or older

If at the time your child was born in the UK, they were stateless or not a citizen of any country, they will be eligible to apply for British citizenship after 5 continuous years of residence in the UK.

To apply for British citizenship for your child, you should complete Form MN1 and provide the following documents:

• Child’s full UK birth certificate
• Parents’ immigration or naturalization documents
• Evidence of the child’s statelessness, if relevant

If your child is over 18, they must pay a citizenship fee of £1,446. Children below 18 will pay £1,214 , but if they turn 18 during the application process, they must pay an additional £130 for the citizenship ceremony. The processing time for citizenship applications is 6 months, although it can be longer.

Once the application is approved, your child will be issued a certificate of registration, after which you can apply for their British passport.

Indefinite Leave to Remain (ILR) for a Child Born in the UK

A child born in the UK to parents who neither had ILR nor British citizenship may be eligible to apply for indefinite leave to remain, either:

• If they have lived in the UK for 7 continuous years since birth based on their private life,
• If they are dependent on a parent’s current visa route that leads to settlement.

When applying for ILR for a child, you will typically need the following documents:

• Passport(s) or travel documents
• Child’s UK birth certificate
• Parents’ immigration documents 
• Proof of residence in the UK with school records, NHS letters, tenancy agreements, or council tax bills. 

To apply for ILR for your child, you must complete Set (F) Form and pay the application fee of £3,029 . The child must attend a UK Visa and Citizenship Application Services (UKVCAS) appointment to provide their biometric information unless they are under 5. The biometric submission cost £19.20. 

You will get a decision on your child’s application within 6 months. If your child is granted ILR, they can apply for British citizenship after 12 months.

British Passport for Child Born in UK to Indian Parents

When applying for a British passport for a child born in the UK to Indian parents, you must provide clear proof of British citizenship. This depends on how the child obtained their status.

For children with automatic British citizenship, the following documents must be provided:

• UK birth certificate (showing parents’ names)
• Proof of at least one parent’s ILR or British citizenship at the time of birth, such as a Home Office letter or a naturalisation certificate
• Parent’s passport 

Children registered as British citizens should submit the following documents:

• Certificate of registration 
• UK birth certificate
• Parents’ proof of ILR or British citizenship at the time of registration
• Proof of residence in the UK

Applying for a British Passport for a Child Born in the UK to EU Parents

The documents required to apply for a British passport for a child born in the UK to EU parents are the same as those for other British passport applications, with documents such as a birth certificate and proof of parents’ immigration status. You can apply for a British passport for your child online or by post. 

Apply for a Child’s British Passport Online

To apply online, visit the UK government’s passport application portal, create an account, fill in the child’s details, and upload digital copies of all required documents. You must pay the application fee of £61.50 with a credit or debit card.

Once you’ve paid and submitted the application, you will need a third party to confirm your child’s identity. The individual will receive an email from HM Passport Office with instructions on completing an online confirmation.

Apply for a Child’s British Passport By Post

If you choose to apply by post, you can do so by either obtaining a paper form from:

• A Post Office that offers a Passport Check and Send service
• The Passport Adviceline who can post the form to you.

Complete sections 1, 2, 3, 4, 5, and 9 of the form. If your child is 12 or older, they must sign Section 6. A third party, known as a ‘countersignatory’, must complete section 10 and certify your child’s photograph.

To send in your application, you can either:

• Take your form and documents to the Post Office if using the Passport Check and Send service, or
• Send your form and documents using the pre-printed envelope that comes with the form to the Passport Adviceline

Applications for a child’s British passport by post cost £74.

Processing Timeline for British Passport Applications

The processing time for British passport applications is within 3 weeks. However, you can apply to get your passport processed quicker if you have an urgent need, such as if you intend to travel with your child.

The fast-track option for child passport applications usually takes 1 week to process, and it costs an additional £145 (£158 for a 54-page frequent traveller passport).

British child passports are valid for 5 years.

How can IAS help with British citizenship for a child born in UK?

UK immigration laws surrounding British nationality and citizenship are complex and can be difficult to understand. Luckily, our immigration lawyers are experts in UK immigration law and can support you with any issue you may be facing.

If your child was born in the UK, but you are unsure whether they are eligible for British citizenship, our immigration lawyers can help you to figure it out.

Our expert lawyers will assess your family’s case and advise you on the best route for registering your child as a British citizen. We offer application services in which one of our expert lawyers will manage your child’s application and submit it for you, ensuring everything is completed to a professional standard. We can also liaise with the Home Office on your behalf throughout the application process.

To discuss your case with an expert lawyer, call 0333 363 8577 or make an enquiry online. We have offices in London, Manchester, and Birmingham, as well as in many other locations throughout the UK.