Do I Have a Visa or Residence Permit If I Was Born UK
If you were born in the UK, whether you need a visa/residence permit to remain in the country or whether you are eligible to register as a British citizen, depends on several conditions including when you were born and your parents’ immigration circumstances.
If you or your child were born in the UK and wish to know whether you need to apply for a visa/residence permit or can register as a British citizen by birth, or seeking bespoke advice depending on your situation, call us today on 0204 502 8582 or message us online to speak with one of our expert UK citizenship and immigration lawyers.
Do I Have a Visa or Residence Permit If I Was Born in the UK?
No. If you were born to foreign national parents in the UK, you will not automatically inherit your parents’ visa/residence permit status in the country.
Your parents will either need to apply for an appropriate visa or residence permit for you, or, in certain circumstances, be able to register you as a British citizen.
Strictly speaking, a child born in the UK to foreign parents does not need leave to remain in the UK.
However, it is always advisable to apply for a visa/residence permit for primarily the two following reasons:
- If they are travelling abroad, they will need immigration permission to re-enter the UK, and it is way easier (and faster) to apply for a suitable visa for them in the UK as soon as they are born, than applying for an entry permission from outside the UK
- In addition, children born in the UK are entitled to NHS care for the first three months after birth provided they have not been out of the country. However, to protect their entitlement to NHS facilities after that period, you must pay the required immigration health surcharge (IHS) which can only be paid as part of a visa application
Page Contents
- Do I Have a Visa or Residence Permit If I Was Born in the UK?
- British Citizenship by Birth
- Visa or Residence Permit for Child Born in the UK to Non-British Parents
- What If My Parents Never Registered Me for a Visa or Residence Permit When I Was Born?
- How can London Immigration Lawyers Help?
- Frequently Asked Questions
British Citizenship by Birth
Overview
If you were born in the UK, you may automatically be a British citizen, or may be eligible to apply for citizenship in the UK provided you meet certain additional criteria. These criteria vary depending on your date of birth and your parents’ circumstances when you were born.
Children born in the UK with at least one British parent (or if at least one of the parents is an Irish citizen living in the UK), will automatically get UK citizenship regardless of when they were born. If you were adopted by a British citizen in a UK court, you will also be a British citizen.
You Were Born Before 1983
If you were born in the UK to foreign parents before 1 January 1983, you would be a British citizen automatically unless your father was a diplomat working for a foreign country at the time of your birth or was in the Channel Islands during World War II when you were born.
If you were born in a British colony before 1 January 1983, you would be a British citizen if you were a Citizen of the UK and Colonies (CUKC) on 31 December 1982 and had right of abode in the UK. However, you might not be a British citizen if you had a certificate to confirm that you were registered as a CUKC under the ‘British Nationality (No 2) Act 1964.
You Were Born on or After 1 January 1983
If you were born in the UK on or after 1 January 1983 to foreign parents who are neither British, Irish or EEA nationals, you may still become a British citizen if at least one of your parents was living in the UK when you were born and had indefinite leave to remain (ILR), or right of abode, or right of re-admission.
If at least one of your parents was an EEA national living in the UK when you were born, whether you get British citizenship automatically will vary as follows:
- For children born during between 1 January 1983 and 1 October 2000, their EEA national parent must have had free movement rights in the UK
- For children born between 2 October 2000 and 29 April 2006, their EEA national parent must have had ILR/right of abode/right of re-admission
- For children born between 30 April 2006 and 30 June 2021, their EEA national parent must have had ILR/right of abode/right of re-admission/settled status/permanent residence status
- For children born from 1 July 2021 onwards, their EEA national parent must have had ILR/settled status/right of abode/right of re-admission
In all the above scenarios, if the parent that meets the conditions is your father, he must have been married to your mother when you were born.
You Were Born on or After 1 January 1983
You may also apply to ‘register’ as a British citizen if you were born in the UK on or after 1 January 1983, if:
- You are under 18
- At least one of your parents became a British citizen or settled in the UK permanently (that is, they either got ILR in the UK, got ‘settled status’ which is also known as ‘indefinite leave to remain under the EU Settlement Scheme’, got indefinite leave to enter the UK, or got permanent residence status in the UK) since you were born
- You lived in the UK until you were 10 or older
Visa or Residence Permit for Child Born in the UK to Non-British Parents
Children born to non-British parents in the UK who do not meet any of the above conditions for either automatically getting British citizenship or registering for the same, the parents may apply for a child dependant visa for them, if at least one of the parent holds a UK visa that allows having their non-British dependent family members living with them in the UK (e.g. a Skilled Worker visa).
The children will get the same permission to stay as their parents, and can either be added to their main UK visa holder parent’s next visa renewal/extension application as their dependent family, or a separate application can be made by the parents on their behalf.
To be eligible, the child must be living with their main UK visa holder parent in the UK, unless they are living away from home for full-time education purposes, such as at a boarding school or university. Additionally, they must not be married or be in a civil partnership.
It is important to note in this regard that even if the parent forgets to apply (or choose not to apply for whatever reasons) for a dependent visa for their UK-born child, the child will not be in breach of the immigration rules, and will not be considered as an overstayer or illegal entrant in the country.
However, for foreign travel purposes as well as smooth access to the public health and care services, it is advisable to apply for a child dependent visa if your UK-born child does not qualify to register for British citizenship.
If you have applied for and obtained a dependant visa for your UK-born child, please always take note of the visa expiry dates. Usually, the child’s visa will have the same expiry date as yours. After seven years of continuous residence in the UK, a child may be granted ILR.
If you miss to extend the child’s visa or to apply for ILR for them (when eligible), your child will be considered an overstayer (even though they were born in the country) in breach of the UK immigration laws, and may face legal action or even deportation.
However, if your child is eligible to register as a British citizen, it is recommended to do so as soon as they meet the eligibility criteria, to avoid the hassles of visa/permit renewal. More so because British citizens are also entitled to a wider range of rights and benefits compared to ordinary visa/permit holders in the UK, including a UK passport.
What If My Parents Never Registered Me for a Visa or Residence Permit When I Was Born?
UK-born children, whose parents never applied for a suitable visa or permit for them, may still be eligible to become a citizen in the UK.
The pathway to British citizenship will vary depending on their parents’ permission status in the UK.
For example, they may get automatic British citizenship if one of their parents is either a British citizen or had ‘settled’ status in the UK at the time of their birth.
On the other hand, if neither of your parents were British citizens or settled in the UK when you were born, you can register to become a British citizen if (and when) you fulfill any of the below conditions:
- You have lived in the UK continuously from birth until the age of 10 (you must not be absent from the country for more than 90 days per year in those 10 years)
- At least one of your parents was granted settled status or British citizenship since you were born in the UK
- You are not recognised as a citizen of any country including your parents’ country(es) of origin (you will be able to apply for British citizenship under statelessness provisions in such a scenario)
How Can London Immigration Lawyers Help?
Applying for a dependent visa for your UK-born child can be a complex and fairly time-consuming process. Even if you meet the eligibility criteria, it is of utmost importance to fill up the relevant forms correctly and completely as well as submit all required documentation.
On the other hand, registering a UK-born child for British citizenship will involve determining if the child meets the complex eligibility conditions, and if yes, thoroughly following the registration process to ensure a positive decision.
Moreover, you do not have the right to appeal if your UK citizenship application is rejected. You may ask UK Visas and Immigration (UKVI) to reconsider its refusal decision or reapply after rectifying the reason for refusal as clarified in your decision letter, where possible. Otherwise, the only legal remedy available to you is a judicial review. So, it is crucial that you get the application process and documentation right at the first time.
London Immigration Lawyers can help. Our team of sympathetic immigration lawyers have the required expertise to assist you, regardless of your personal circumstances or the complexity of your case. Your immigration lawyer can also guide you if you need to seek a judicial review and provide legal assistance.
If you are seeking overall advice with your UK visa, residence permit or citizenship application or you would like an immigration expert to complete your application on your behalf, we are here for you. We also offer document and application checking services if you just need a final check to confirm that your documents and application adhere to Home Office guidelines.
To know more about the services we provide and how we can help you, please call us on 0204 502 8582 today, or make an enquiry online to speak to our team of legal advisers.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at London Immigration Lawyers before making any decisions based on the content provided.
Last modified on December 10th, 2025 at 3:48 pm
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Frequently Asked Questions
If you were born in the UK, your immigration status will depend on mainly two factors: your date of birth and your parents’ immigration circumstances. Go through this article for further details or call us on 0204 502 8582 today to discuss your situation.
Not necessarily. You will be considered ordinarily resident in the UK if you are normally residing in the country (apart from temporary or occasional absences), and you have adopted your residence in the UK voluntarily and for settled purposes (such as education, work or family purposes).
In other words, if you live in the UK year after year, you would be treated as ordinarily resident in the country. Therefore, whether you are ordinarily resident or not, will be decided based on all these aspects of your immigration circumstances (and not just on the fact that you were born in the UK).
No, you will not automatically get a ‘settled’ status in the UK just because you were born in the country. You will need to fulfil the relevant eligibility conditions to have settled status in the UK.
