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British Citizenship by Birth

lexenlaw.co.uk > British Citizenship by Birth

General rule before 1983

Anyone born in the UK before 1 January 1983 is automatically considered a British citizen. The parents’ nationality or immigration status is irrelevant, meaning even if the parents were not settled or British at the time, the child still gained citizenship. This historical rule created a clear and automatic pathway for anyone born on UK soil.

Key Points:

Born in the UK before 1 January 1983 → automatically British.

Parents’ immigration or citizenship status did not matter.

Citizenship was automatic and required no additional application.

Since 1 January 1983, the UK stopped granting automatic citizenship to all children born on its soil. This means two children born in the same hospital on the same day could have very different citizenship statuses, depending on their parents’ immigration status.

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    General rule from 1 January 1983 onwards

    For children born on or after 1 January 1983, the rules changed significantly. From this date, a child is only automatically a British citizen at birth if at least one parent was either a British citizen or had settled status (for example, Indefinite Leave to Remain, Permanent Residence, or Settled Status under the EU Settlement Scheme). If neither parent had this status, the child is not automatically British, even if born in the UK.

    Key Points:

    At least one parent must be British or settled at the time of birth.

    If both parents were temporary residents, the child is not automatically British.

    Children born in these cases may later apply for registration.

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    Children born in the UK to non-British parents

    Children born to non-British or non-settled parents are not automatically citizens. However, there are several routes by which they can become eligible to register as British citizens later. For example, if a child was born in the UK and lived in the UK continuously until age 10, they can apply to register regardless of their parents’ status. Similarly, if a parent later becomes British or gains settled status, the child can often be registered.

    Key Points:

    A child can apply for registration at age 10 if they were born in the UK.

    A child may also be registered once a parent becomes British or settled.

    Other discretionary options exist in exceptional cases (e.g. long residence, statelessness, or compassionate grounds).

    British citizenship by descent (children born outside the UK)

    British citizenship can also be passed to children born outside the UK, but the rules differ depending on how the parent acquired their own citizenship. If the parent is a British citizen “otherwise than by descent” (for example, by birth in the UK or naturalisation), then the child is usually automatically British at birth. If, however, the parent is British “by descent” (for example, born abroad to British parents), then the child will normally need to apply for registration.

    Key Points:

    If a parent is British “otherwise than by descent” → child born abroad is usually automatically British.

    If parent is British “by descent” → child usually needs to register.

    Good character requirement (for older children)

    Children under the age of 10 are not subject to the good character requirement when applying for registration. However, once a child turns 10, the Home Office requires them to meet the “good character” test. This includes looking at criminal records, immigration breaches, or any behaviour that suggests dishonesty or fraud.

    Key Points:

    Under 10 years old → no good character test.

    Age 10 or over → good character test applies.

    Criminal convictions, dishonesty, or immigration offences may affect the application.

    Application process step by step

    Children who are not automatically British must apply to be registered as citizens. Parents or guardians usually complete the application on behalf of the child. The process is mainly online, followed by submitting documents and providing biometrics.

    Key Points:

    Apply online via GOV.UK (Form MN1 for children).

    Pay the registration fee.

    Provide all supporting documents and attend biometric enrolment (fingerprints & photograph).

    Applications are usually processed within 6 months.

    If successful, the child receives a citizenship certificate confirming their status.

    Fees & processing time

    Applying for British citizenship by birth (via registration) can be expensive. The Home Office regularly updates fees, and parents should also budget for additional costs like translations or legal help. Processing times vary depending on the complexity of the case.

    Key Points:

    Registration fee (2025): £1,214 per child (subject to annual changes).

    Other costs: Life in the UK test not required for children, but biometrics and translations may add expenses.

    Processing time: can take up to 6 months.

    After approval certificate & passport

    Once a child is registered as a British citizen, they will receive a citizenship certificate. With this certificate, parents can apply for a British passport for the child. From this point forward, the child will enjoy the full rights of a British citizen.

    Key Points:

    Citizenship certificate issued after registration.

    Passport application can be made immediately.

    If your application is refused

    If the Home Office refuses the application, they will provide a written decision explaining why. Some refusals may be challenged, while others may require a re-application once the issues are resolved.

    Key Points:

    Refusal letter explains reasons.

    Legal advice is strongly recommended in complex refusal cases.

    Contact our team today to discuss your situation in confidence.

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