British citizenship for child born in UK to non-British parents

Page Content

• Can a child born in the UK get citizenship?
• Immigration rules for a child born in the UK
• Immigration status of child born in the UK to non-British parents
• Requirements for British citizenship for child born in UK to foreign parents
• What documentation is needed to prove British citizenship for a child born in the UK to non-British parents?
• How to apply for British citizenship for a child born in the UK
• Checking and updating child’s settled status
• Indefinite Leave to Remain (ILR) for a child born in the UK
• Eligibility criteria for ILR applications for children born in the UK
• Documentation required to support ILR applications
• British passport for a child born in the UK to non-British parents
• After how long does a child born in the UK get citizenship?
• Cost of registering as a British citizen
• Form MN1: What you need to know
• How we can help with British citizenship for child born in UK
• Frequently Asked Questions

If the child was born in the UK after January 1983 to either a British parent or a parent with permanent settlement status (indefinite leave to remain) at the time of their birth, they will not need to apply for British citizenship; they are automatically a British citizen.

If the individual was born in the UK before January 1893, they will also automatically have British citizenship, except in the following circumstances:

• Their father was a diplomat at the time of the birth and worked for a country other than the UK
• They were born in the Channel Islands during World War 2 to a father who was classified as ‘an enemy alien in occupation’

If the child was born in the UK to non-British parents, their entitlement to British citizenship will largely depend on when they were born.

If they were born in the UK to non-British parents before January 1983, it is likely that they are still automatically a British citizen, unless either of the following apply:

• Their father was a diplomat at the time of your birth and worked for a country other than the UK
• They were born in the Channel Islands during World War 2 to a father who was classified as ‘an enemy alien in occupation’

If they were born during or after January 1983, however, the rules become more complicated. In this case, they will need to satisfy one of the following criteria:

• They are under 18 years of age and at least one of their parents has either obtained British citizenship or indefinite leave to remain since they were born
• They lived in the UK for at least the first 10 years of their life

Note that, if the child was born after 31st December 1982 and before 1st July 2006 and their father was a British citizen (or had indefinite leave to remain) at the time of the birth but was not married to the child’s mother, they will not automatically be a British citizen. However, they will still be entitled to British citizenship, assuming they did not spend more than 90 days per year outside of the UK during at least the first 10 years of their life (unless there were special circumstances), and so can still register to become a British citizen.

The eligibility criteria for British citizenship largely depend on when the child was born. If they were born in the UK before 1983, it is likely that they are automatically a British citizen, regardless of the citizenship status of their parents. If they were born during or after 1983 to non-British parents, however, they will need to satisfy additional eligibility criteria in order to be eligible for British citizenship.

As noted above, the child will need to be either under 18 and have at least one parent who obtained either British citizenship (or indefinite leave to remain) after their birth or have lived in the UK for at least the first 10 years of their life.

If the 10-year residence route applies to the child, they cannot have spent more than 90 days per year outside of the UK since their birth. If they did spend more than 90 days outside of the UK for any of those 10 years, the extenuating reasons for this absence should be specified on the citizenship application form.

The exact documents which are required to prove British citizenship will depend on the route in question. If you are applying on behalf of your child, you will generally require a combination of the following evidence:

• Their birth certificate
• Their passport (or alternative ID document)
• Proof of their legal residence in the UK for at least 10 years (if applicable)
• Proof of their parent’s British citizenship status or indefinite leave to remain (if applicable)

There are a number of steps which you will need to complete when applying for British citizenship for your child. Firstly, you should make sure that they are not already automatically a British citizen. Next, you should make sure they are eligible for British citizenship and gather all of the necessary documents ready to submit as part of the application.

Next, you need to submit the application. You can do so either online, via the UK government website, or by post, in which case you will generally need to submit your application to the following address: Department 1, UK Visas and Immigration, The Capital Building, New Hall Place, Liverpool, L3 9PP.

The next step will be booking an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre, where your child will be asked to provide their fingerprints and photograph. You can also choose to have your required application documents scanned at this appointment, or alternatively you can upload copies as part of the online application.

Once you have submitted the application, you should generally receive a decision within 6 months. However, wait times can be longer if a high number of other applications are also being processed or if you are asked to provide further information. Note that, if the processing time for the application is set to take longer than 6 months, you will be notified of the delay before that initial 6 months has passed.

If your child’s personal circumstances change whilst you are waiting for a decision on the application (if they move house or are arrested, for example) you should make sure to contact UK Visas and Immigration as soon as possible.

If the application is successful, the child will generally need to attend a citizenship ceremony. Once they have attended this ceremony, they will officially be granted British citizenship, and will now be able to apply for a UK passport. Alternatively, they can apply for a certificate of entitlement, although they will not be able to use this document alone to enter the UK.

Once your child has settled status in the UK, you can check their status via the UK government website. You will also be able to access a share code which will allow you to prove your child’s immigration status. To access this information, you will need the email address or phone number you used when first submitting their application.

There are also a number of occasions where you will need to update your child’s status, including the following:

• The identity document which you used to submit your child’s application (e.g. their passport) has been replaced or renewed
• The child has had a change of name or postal address
• You need to change the email address associated with the account
• You need to correct any errors
• You wish to replace the identity document which your child has on file

These updates can be made via your online UK Visas and Immigration (UKVI) account, on the UK government website.

Even if your child is not yet eligible for British citizenship, they may still be eligible for indefinite leave to remain. This brings a number of its own benefits (though fewer benefits than full British citizenship). The eligibility criteria which they will need to satisfy are given in the next section of this article.

Once your child has indefinite leave to remain, they have permanent settlement status in the UK. This means that they can live, work, and study in the UK indefinitely, without having to secure further visas. They can also access welfare benefits as appropriate and use the NHS without needing to pay the annual health surcharge.

They may also eventually choose to obtain British citizenship, in which case they can apply for a British passport; they can also participate in British elections once they reach 18 years of age.

Children who were born in the UK and have lived there continuously for at least 7 years are eligible to apply for indefinite leave to remain on the basis of their private life.

Alternatively, they can apply for indefinite leave to remain if all of the following conditions apply:

• They arrived in the UK when they were a child
• They have lived continuously in the UK for at least 5 years on a visa which provides a route to indefinite leave to remain
• Their most recent visa was granted on the basis of their private life, and this Private Life visa must have been granted either:
• • When they were a child
  • When they were 18-24, on the grounds that they had spent at least half of their life in the UK

There is a range of documentation which must be provided when applying for ILR for children born in the UK, including:

• Valid passport (or equivalent identity document)
• Biometric residence permit (if applicable)
• Proof of immigration status in the UK
• All passports from the entirety of the child’s time in the UK

If your child is no longer a minor, they will also need to provide evidence that they have passed the Life in the UK test.

If your child was born in the UK to non-British parents but has British citizenship themselves, they will still be able to apply for a British passport. This application must be submitted separately; a passport is not automatically granted upon obtaining citizenship.

Passport applications can be submitted either online or by post. The processing time is generally around 3 weeks, although this can be longer if a high number of other applications are also being processed or if further information is requested.

There is no single answer to how long it takes for a child born in the UK to get British citizenship; this depends on a range of factors, including their parents’ citizenship status and when they were born.

However, if your child spent at least the first 10 years of their life in the UK, it is likely that they are eligible to apply for British citizenship, regardless of either parents’ citizenship status. If either you or the child’s other parent had British citizenship or indefinite leave to remain at the time of the child’s birth, however, it is likely that they are automatically a British citizen, in which case they will not have to live in the UK for 10 years in order to become eligible for British citizenship. Alternatively, if your child is under 18 years of age and either parent has obtained British citizenship or indefinite leave to remain since the child’s birth, your child may already be entitled to British citizenship, even if they have not yet lived in the UK for 10 years.

When registering as a British citizen, you will need to pay a fee of £1,540 if you are an adult and £1,000 if you are a child. It is likely that you will also need to pay a citizenship ceremony fee, which generally costs £130.

If you choose to obtain a Certificate of Entitlement after gaining citizenship, this will cost you £589.

If you are submitting a postal citizenship application for a child under 18, you will need to fill in Form MN1. When filling in the form, you will need to provide your child’s personal details, including whether they already have indefinite leave to remain. You will also need to provide the details of both parents.

The form will also ask you to provide the details of two referees, one of whom should be someone with professional standing and the other a British citizen passport holder who is either of professional standing or over 25 years of age.

The form contains many sections and any errors can delay processing or result in an unsuccessful application. For assistance with filling out Form MN1, contact London Immigration Lawyers today on 0204 502 8582.