202011.04

British Citizenship for Child born in UK

by Gulbenkian Andonian in British Citizenship, GA News Blog, Immigration

This article discusses how one can acquire British Citizenship for child born in UK. This particular immigration can be very confusing, and there are many factors that will need to be taken into account for it to be possible. Luckily, as far as UK immigration law firms go, Gulbenkian Andonian is one of the best, so we will be able to help you find an answer to if you can get British Citizenship for Child born in UK by hearing and assessing the specific details of your situation.

British nationality law is often a very complex area to determine. What we have endeavoured to do in this article, therefore, is to give you a brief summary of when a child may qualify to register as a British Citizen and when there may be no need for such application. However, for a more in-depth position of your case, we recommend you contact us directly and speak with one of our immigration lawyers London.

How can you apply to register your child as a British Citizen?

In order to gain British Citizenship for a child born in the UK, you must first make an application for your child. Today, a child born in the UK does not automatically become a British citizen. If a child was born in the UK on or after 1st January 1983, and lived here for at least ten years, no matter what the immigration status of their parents may be, (they may be here illegally for example), that child is entitled to apply to be registered as a British Citizen. Evidence of birth in the UK and living here for a continuous period of 10 years would be required.

Furthermore, if the child is under 18 years of age, and since their birth here on or after 1st January 1983, one (or both) of their parents have become a British citizen or have managed to obtain permanent residence in the UK, an application can be made to register the child as a British Citizen.

From 6th April 2015, a child born out of wedlock before 1st July 2006 to a British father can register as a British citizen by descent under the Immigration Act 2014. Such a child must also meet the good character requirements, and there will be a fee for the application and a citizenship ceremony.

What about children born outside the UK?

Children born outside of the UK can only be classed British Citizens by descent law under UK law if one or both parents have British Citizenship at the time of birth. This means that the child will be eligible to register as a British Citizen by way of an application, so will not automatically be recognised as a British Citizen.

When no application needs to be made as the child is automatically British

If the child was born in the UK and at the time of their birth one or both of their parents were a British citizen or settled here by having indefinite leave to remain here, (permanent residence), or were EEA citizens ( this does not apply on or after 1st January 2021 when the Brexit withdrawal agreement transitional provisions for EEA nationals comes to an end), their child would be automatically born a British citizen and can simply apply for a British passport. Furthermore, children born before 1st January 1983 in the UK are automatically British.

There will be other scenarios that can determine if a child is British or not and thus may require an appropriate application to the Home Office or if abroad through the British Embassy, for which please seek our advice.

Whether or not a claim to British Citizenship can be made, may also depend on the following circumstances:-birth in the UK between 1st January 1983 and 1st October 2000; between 2nd October 2000 -29th April 2006; birth in the UK on 30th April 2006 onwards, and persons who are truly stateless. It may also be possible to lay a claim to British nationality if someone is connected to the ‘ Windrush generation of migrants.