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It’s surprising to many that simply being born on British soil doesn’t automatically grant a child UK citizenship. This often leaves foreign parents wondering about their child’s nationality and what to do to secure a British passport. If you’re one of them, you’ve come to the right place.
This article discusses how parents can obtain UK citizenship by birth for their children, including information on eligibility criteria and navigating the application process.
The Eligibility Criteria for UK Citizenship by Birth
The rules surrounding UK birth right citizenship have evolved, and whether or not your child can claim citizenship by birth will depend on their circumstances.
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into effect on January 1, 1983. Before 1983, any child born in the UK automatically acquired British citizenship at birth, regardless of their parents’ nationalities, unless their father:
- Was a diplomat representing a non-UK country.
- Was considered “an enemy alien in occupation,” and the child was born in the Channel Islands during World War II.
However, after the British Nationality Act became effective, the rules changed. Under the new guidelines, children born on or after January 1, 1983, and only when one of their parents was a British citizen or settled in the UK can automatically be citizens.
In cases where a child has automatic nationality status, they don’t have to apply for citizenship. Instead, they only need to obtain a UK passport or request a letter from the Home Office confirming their citizenship.
On the other hand, children born in the UK when their foreign parents were not settled persons on or after January 1, 1983, are eligible for citizenship if either:
- They are under 18, and one of their parents has since become a British citizen or gained permanent residency in the UK.
- They lived continuously in the UK until they were ten years old. In each of the first ten years of their lives, they must have spent no more than 90 days outside the UK.
Children under this category must submit an official citizenship application by birth.
Additionally, all applicants for British citizenship must be under 18 when the Home Office receives their application. If an applicant turns 18 during the application process, they must attend a citizenship ceremony.
Individuals over 18 who meet the other requirements for citizenship by birth must apply for British citizenship as adults, either by registration if they have an entitlement or by naturalisation.
Furthermore, all applicants for citizenship must meet the good character requirement, except if they are below ten years old. They must also provide two referees. At least one referee must have dealt with the child in a professional capacity, such as a teacher, doctor, or social worker.
If a child cannot provide a professional referee and can demonstrate that they have tried to, the application may be considered with two referees who meet the standard adult referee criteria.
Documents Needed for UK Citizenship by Birth Application
If a child’s circumstances don’t automatically grant them citizenship, they must provide the following documents when submitting an official application or registration for citizenship by birth:
- Evidence of identity with documents such as a passport, valid travel document, birth certificate showing the parents’ names, driving licence, or a bank or credit card statement issued in the last six months.
- Parents’ marriage or civil partnership certificate.
- Parent’s biometric residence permit (BRP) card or any other proof that you hold indefinite leave to remain (ILR) or other forms of settled status.
- Proof of the parent’s previous immigration status and right to remain in the UK, including any visa you held before.
- Proof of the child’s lawful residence in the UK during the qualifying period.
- Details of any time they spent outside the UK during the qualifying period.
- Two signed references
The Process for Applying for UK Citizenship for Children Born in the UK
Your child can submit an application for citizenship on the Home Office website.
They must create an account and fill out the online application form. The next steps involve uploading their supporting documents and completing the declaration section. Before submitting the application, they must pay the citizenship application fee of £1,214, except they are eligible for a fee waiver.
Afterwards, your child must make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (fingerprints and photograph).
Children under five do not need to provide fingerprints, while children under 16 must be accompanied by a parent or legal guardian.
After submitting the biometrics, the Home Office will provide a decision on the application within six months.
The Citizenship Ceremony
If your child’s application is successful, and they turn 18 during the application process, they must attend a citizenship ceremony within 90 days. They must pay £130 for their citizenship ceremony.
During the ceremony, they will take an Oath of Allegiance to the Monarch and affirm their loyalty to the UK. Additionally, they will be given a certificate of registration as a British citizen.
Your Child’s British Passport
Once your child has their citizenship certificate, they can apply for a British passport.
If your child is under 16, you must apply for the passport on their behalf. You’ll need to pay £57.50 to apply online or £69 if you apply with a paper form from the Post Office. Child passports are usually valid for five years.
However, if your child is 16 (or will be in 3 weeks) or above, they should apply for an adult passport. It will cost £88.50 for an online application and £100 to apply via a paper form. An adult passport will be valid for ten years.
Conclusion
The path to securing UK citizenship can be complex. But as a foreign parent dreaming of a British life for your child, it’s essential to understand how the process works. If you need help during this process, consider discussing your situation with a UK immigration lawyer.
Disclosure: This is a collaborative post