Is a Child Born in the UK Automatically a British Citizen?

A child born in the UK to foreign parents does not automatically attain British Citizenship.

In this guide, we explain the ways a child can become a British citizen if born in the UK to foreign parents.

This can be achieved in one of the following ways, although this is not an exhaustive list:

• If the child has lived in the UK from birth until aged 10, or
• If at least one parent has settled status or indefinite leave to remain in the UK; or
• At the Secretary of State (Home Office) discretion; or
• If the child is stateless.

 

How can a child born in the UK apply for British Citizenship if the child has lived in the UK from birth until aged 10?

A child can register to become a British Citizen if they were born in the UK on or after 1 January 1943 and neither parent was a British citizen or settled at that time.

And

the child has lived in the UK until they were 10.

 

What are the requirements for a child to register in the UK if they have lived in the UK for the first 10 years?

The child must:

• be 10 or older; and
• and has lived in the UK until they were 10 or older; and
• the child must have spent no more than 90 days outside the UK in each of the first 10 years of their life.

If the child has spent more than the permitted time outside the UK but there were good reasons, the home office can exercise discretion.

 

Application process

You will need to complete Form T or apply online.

 

What are the Home Office Fees?

The fees are currently £1012.00.

 

A child can apply for British Citizenship if at least one parent has settled status or indefinite leave to remain.

If a child is born in the UK where at least one parent was settled at the time of the child’s birth, the child will be automatically be a British Citizen.

If a child is born in the UK where neither parent was settled at the time of the child’s birth, the child can register as a British Citizen while a minor if at least one parent becomes a British Citizen or settled in the UK.

 

What are the requirements for registering a child as a British Citizen whose parent becomes settled or a British Citizen after the birth of the child born in the UK?

A child is entitled to register as a British Citizen if:

The child was born in the UK; and

• the child was not a British citizen at birth because at the time neither parent was a British citizen or settled; and
• while the child was a minor either of the parents has since become a British citizen or settled in the UK; and
• the child is under the age of 18 on the date of the application; and
• the child is of good character if the child is over the age of 10.

 

Application process

You will need to compete form MN1 or apply online.

 

What are the Home Office Fees?

The Home Office fees are currently £1012.00.

 

Applying for British citizen – discretionary provision for registration of a child

If while a child is under 18 on the date of application for registration as a British citizen, the Secretary of State (Home Office) may register the child at their discretion.

 

What are the requirements for the discretionary grant of registering a child as a British citizen?

The Home Secretary may exercise their discretion to register people as British citizens under section 3(1) of the British Nationality Act 1981 if:

• the child is under 18 at the date of the application; and
• if aged 10 years or over on the date of application the child is of good character; and
• they (the Home Office) think fit to register them as a British citizen

 

Application process

You will need to complete Application form MN1 or apply online.

 

What are the Home Office Fees?

The Home Office fee is currently set at £1012.00

 

Applying to register as a British citizen if the child is stateless

A stateless person is defined as “a person who is not considered as a national by any State under the operation of its law”

A person born in the UK may have the right to register as a British citizen under Section 3 (1), Schedule 2 of the British Nationality Act 1981, even though his or her parents do not have lawful permission to be in the UK. The point was considered by the High Court in the case of The Queen on the application of MK and The Secretary for the Home Department on 28 February 2017, EWHC 1365 (Admin) (“MK case”).

In MK, the Indian parents of an applicant born in the UK were in the UK as overstayers, challenged the Home Office’s decision to refuse the registration of their child as a British citizen. The child in question had lived in the UK for more than 5 years but had never travelled to India.

Paragraph 3 of Schedule 2 to the British Nationality Act 1981 states:

“3. (1) A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely
(a) that he is and always has been stateless; and
(b) that on the date of the application he was under the age of twenty-two; and
(c) that he was in the united Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450.
(2) A person entitled to registration under this paragraph –
(a) shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the British Overseas Territories;
(b) in any other case, shall be registered under it as a British Overseas Territories citizen.”

The issue before the court was whether the applicant was ‘stateless’ – this required consideration of whether he was an Indian citizen. Indian law requires a child born outside of the UK after 3 December 2004 to be registered, if one parent is Indian and the child has not travelled to India.

The question is not answered by the possibility that the law of a country allows it, but the process for which the individual must go through to acquire it.

The Home Secretary requires an individual to establish their claim – the fact that nationality has far reaching benefits or consequences – to a relatively high standard, but not one which becomes impossible for the individual to fulfil.

In the MK, the Home Secretary required ‘confirmation from the Indian authorities….. that C’s birth has not been registered in accordance with Indian law and that she is not a national of India’.

The court considered whether an affidavit from the parent was enough or a letter from a consulate and concluded in the absence of any criteria it possibly was. It was then left for the Home Office assuming the application was granted, to check whether this had been obtained by fraud at any time.

The case means it may be possible to register as a British if an individual was born in the UK, is under the age of 22 and is stateless.

 

What are the requirements for a child to register as a British citizen if they are stateless?

The child was born on or after 1 January 1983; and

• the child was born in the UK; and
• the child is stateless and has always been stateless; and
• the child is under the age of 22 on the date of the application; and
• the child has lived in the UK for 5 years before making the application; and
• the child has not been absent from the UK for more than 450 days.

 

Application process

You will need to complete Form S3 for UK-born stateless person or apply online.

 

What are the Home Office Fees?

The fee is currently £1,012.00.

 

Need assistance?

If you have a question about your child’s status in the UK, we can help. UK nationality rules are complex and given the effort required to make the application and the level of Home Office fees, it is important you proceed with the best route for your child. We can advise on the options available and can support you through the process.

For guidance with your child’s application, speak to us.

 

Child citizenship FAQs

What is the nationality of a child born in the UK to non British parents?

Children do not automatically attain British citizenship if they are born in the UK. One of the child's parents would need to be a British citizenor have UK setteld status for a child to automatically attain British citizenship.

Do babies born in UK automatically get citizenship?

Babies are only automatically British if at least one of their parents is a British citizen or settled in the UK.

What happens if a foreigner gives birth in the UK?

If your baby isn't a British citizen, they can remain in the UK without making an immigration application.

Can I stay in UK if my child born in UK?

Parents do not become eligible for British citizenship through a child. However, it may be possible to apply for UK leave to remain if their child is a British citizen or has lived in the UK for at least 7 years.

Last updated: 3 September 2022