Is Your Youngster Eligible for British Citizenship?

By Isabella Reynard – Immigration Barrister

08 Feb 2025

In This Article

1. British Citizenship for UK-Born Kids: Eligibility and Registration Routes
2. Registration as a British Citizen Possibility 1
3. Registration as a British Citizen Possibility 2
4. Registration as a British Citizen Possibility 3
5. Defining ‘Settled’ Standing within the UK
6. What if Your Youngster Does Not Meet the Registration Necessities?
7. Registering a Youngster as a British Citizen
8. Contact Our Immigration Barristers
9. Often Requested Questions
10. Glossary

1. British Citizenship for UK-Born Kids: Eligibility and Registration Routes

We continuously obtain enquiries asking, ‘My baby was born within the UK, can they turn out to be a British citizen?’ On this article we’ll discover whether or not a toddler born within the UK is eligible as a British citizen and the routes accessible to register a toddler as a British citizen.

If a toddler was born within the UK and on the time of their start, if both of their dad and mom have been British residents themselves or settled within the UK, the kid is routinely born a British citizen. Which means that an utility could be made for a British passport for the kid.

If a toddler was born within the UK however on the time neither of their dad and mom was a British citizen or settled, then the kid was not routinely born a British citizen. It could be doable to register a toddler for British citizenship relying on their circumstances.

There are a selection of provisions within the British Nationality Act 1981 below which a toddler has the entitlement to register as a British citizen. Which means that if the kid meets the related standards and is of excellent character, if relevant, they’re entitled to be registered. These routes have been set out beneath.

Please word that in case your baby was born outdoors the UK, totally different authorized provisions apply.

2. Registration as a British Citizen Possibility 1 

Kids are entitled to registration under part 1(3) of the British Nationality Act 1981 if:

• they have been born within the UK;
• they weren’t British residents at start as a result of on the time neither father or mother was a British citizen or settled;
• whereas they’re minors both of the dad and mom has since turn out to be a British citizen or settled within the UK;
• they’re below the age of 18 on the date the appliance is acquired;
• they’re of excellent character if over the age of 10.

3. Registration as a British Citizen Possibility 2 

Kids are entitled to registration below part 1(3A) of the British Nationality Act 1981 if: 

• they have been born within the UK on or after 13 January 2010;
•  they weren’t a British citizen at start, as on the time neither father or mother was: 
  • a British citizen or settled within the UK 
  • serving within the UK armed forces;
• whereas they’re below the age of 18 both father or mother turns into a member of the UK armed forces;
• they’re below the age of 18 on the date of utility; 
• they’re of excellent character if over the age of 10.

4. Registration as a British Citizen Possibility 3 

Kids and adults are entitled to registration below part 1(4) of the British Nationality Act 1981 if:

• they have been born within the UK;
• they weren’t a British citizen at start as on the time of start neither father or mother was a British citizen or settled within the UK;
• they’re aged 10 years or over on the date of the appliance;
• they’ve lived within the UK for the primary 10 years of their life;
• they haven’t been outdoors of the UK for greater than 90 days in every of the primary 10 years of their life;
• the Secretary of State is glad they’re of excellent character.

5. Defining ‘Settled’ Standing within the UK

A person might be thought of settled within the UK in the event that they meet the standards: 

• they don’t seem to be topic below the immigration legal guidelines to any restriction on the interval for which they could stay; 
• they’re ordinarily resident within the UK.

The steerage clarifies that:

Except there may be clear proof on the contrary, an individual residing right here free from immigration restrictions could also be assumed to be ordinarily resident in the UK. This consists of holders of certificates of entitlement or patriality exhibiting they’ve the suitable of abode in the UK.

6. What if Your Youngster Does Not Meet the Registration Necessities?

The House Secretary has the ability to train discretion to register folks as British residents below part 3(1) of the British Nationality Act 1981. Discretion could also be exercised if:

• the applicant is below 18 on the date of the appliance;
• if aged 10 years or over on the date of utility the applicant is of excellent character;
• they assume match to register them.

Our earlier article Understanding Discretionary Youngster British Citizenship Functions additional explores discretionary purposes. You might want to converse to our barristers for skilled authorized recommendation in case your baby doesn’t match inside the necessities set out above below part 1(3), part 1(3A) or part (1(4) of the British Nationality Act 1981. We will present recommendation as as to whether they are able to get hold of British citizenship by discretion.

7. Registering a Youngster as a British Citizen

An utility to register a toddler as a British citizen could be made on-line and biometrics must be enrolled.

Registration purposes presently price £1,214.  Kids who attain the age of 18 by the point their utility is set might be invited to attend a citizenship ceremony. Functions take as much as 6 months to be decided.  

Following registration, the kid might want to make a first British passport utility to His Majesty’s Passport Workplace. 

For skilled recommendation and help with an utility to register a toddler as a British citizen, contact our Immigration and Nationality Barristers on 0203 617 9173 or full our enquiry type beneath.