There are around 200,000 successful applications for British citizenship each year. British citizenship by birth is one common pathway to make sure your child can have a British passport based on where they were born. Due to the complexities of the British citizenship process, it is highly advisable to get help from an immigration lawyer or advisor to make sure your application is completed correctly.
What is Citizenship by Birth?
Put simply, citizenship by birth is the right to British citizenship if you were born in the UK. Your parents will usually have to be British citizens or have settled status at the time of your birth.
You don’t always need to apply for citizenship by birth, as, on some occasions, it will be automatic. This applies if you were born in the UK on or after 1 January 1983. You are also usually automatically a British citizen by birth if you were born before this unless your father was a non-UK diplomat in the country or an ‘enemy alien in occupation’ and you were born in the Channel Islands during World War 2. If you think you have automatic citizenship by birth, it is a good idea to apply for a UK passport or ask for a letter that confirms your citizenship. This is known as an ‘immigration status’ letter.
Registering Your Child Citizenship by Birth
Under 18s are not able to complete a UK citizenship by birth registration or apply for naturalisation. Instead, you will need to do it on behalf of your child. Children over 13 can qualify so long as they have been living in the UK for two years or more prior to the application.
Similarly, if your child was born in the UK but you weren’t a British national, they will be entitled for citizenship as soon as you have become a citizen or acquired Indefinite Leave to Remain.
However, in both of these cases, citizenship will not be given automatically. You will need to register your child with the Home Office. Having completed an online form, you can take your child to the nearest UK Visa and Citizenship Service (UKVCAS) service point. Here, an official will take your child’s biometric information, and you can hand over any supporting documentation.
Citizenship for Children of UK Nationals Born Abroad
Your child does not have to be born in the UK to apply for UK citizenship by birth due to the 1981 British Nationality Act. This applies so long as either you or their other parent was a UK national at the time of their birth.
If this applies, you will still need to register the child for British citizenship. For this to be possible, both parents need to have lived in the UK for at least three years when the application was submitted, and both parents will need to sign to show they consent to the application being submitted. Furthermore, if the child is older than ten, they must be deemed ‘of good character’.
However, citizenship is automatic if both parents were born in the UK. The registration process most commonly applies when both parents were born abroad but have become British nationals.
British Citizenship Through Adoption
This registration process will also need to be carried out for children born abroad and adopted by British parents. This has applied since the 2002 Adoption and Children Act amended the 1981 British Nationality Act.
An adopted child will be able to get citizenship so long as one or both of their adopted parents are British citizens. This also applies if a child is subject to a parental order made by a UK court on behalf of a UK national. Meanwhile, if the adoption or parental order ceases to exist and the adopted child gets UK citizenship, they will keep it.
Getting a Passport for Your Child After Citizenship by Birth
Having successfully registered your child or adopted child for citizenship, they will be able to get a passport. If your child is under 16, you must make an application for them, although children 12 or older will also need to sign the application. Both parents will also need to sign the application unless you can explain why this is not possible through a written statement.
Your completed application form must be accompanied by confirmation of your child’s identity. This confirmation can be made by any British citizen that you have known for two years or longer and is in employment. When verifying your application, the HM Passport Office will contact the referee to double check.
You will also need to provide any valid passport your child has for a non-UK country, evidence your child is a British citizen, and their adoption or birth certificate.
The average length of time for the passport application to be processed is three weeks. However, this time can be extended if the Civil Service is experiencing a backlog or there are issues with your application. For your application to be processed, you must also pay the application fee. For children, this is £57.50 online or £69 if you apply with a paper form at a Post Office.
Securing Your Child’s Future with Citizenship by Birth
Applying for UK citizenship by birth for your child is the best way to make sure they can live a full life in the UK. It will allow them to remain in the country without having to worry about visas and can access the myriad benefits of being a British citizen, such as the right to vote.
If you have any questions about citizenship by birth, it is a great idea to get in touch with an immigration advisor or lawyer. They can help you to understand if you or your child are eligible for British citizenship by birth, or if you are already automatically a British citizen.
