A common assumption is that because someone’s parent is a British citizen, then they too will be automatically British. Sadly, British nationality law is not so straightforward.
Citizenship depends on a multitude of factors such as place of birth, nationality, and residency in respect of a child, their parents, and their grandparents. We detail below some of the most common ways in which a child may have, or be able to obtain, British citizenship.
When will a child born abroad be automatically British?
If a child is born outside of the United Kingdom, they will be a British citizen automatically if one of their parents is a British citizen otherwise than by descent. This means that the parent themselves was born in the UK prior to 1983 (or they were adopted by a citizen of the UK and colonies prior to 1983) or born/adopted to a British parent in the UK after 1983 or naturalised as a British citizen.
If this is the case, then that child will be automatically British and, on birth, can immediately apply for a British passport.
What happens if the child is born abroad to a British parent who was also born overseas?
If a child is born abroad to a British parent who was born abroad themselves (a British citizen by descent only), then they are not a British citizen automatically (in most circumstances). However, they may still be able to register as a British citizen.
Please note that, as stated above, if an individual naturalises as a British citizen, then they will be a citizen otherwise than by descent, meaning they can pass on their citizenship to a child born abroad, it does not matter that they were themselves born abroad prior to naturalising as a British citizen.
An application for registration as a British citizen can be made for a minor child if they are able to meet the requirements of one of the following (please note there are other provisions relating to British parents in Crown Service and deceased parents that we have not detailed below):
A) Parent’s residence in the UK
- The child’s parent is a British citizen by descent; and
- The grandparent of the child (i.e. the mother or father of the British parent) is/was a British citizen otherwise than by descent, or had become one by the time of the parent’s birth; and
- The child’s parent must have lived in the UK for at least three years before the child was born; and
- During this three-year period, must not have been absent from the UK for more than 270 days.
B) Child and parents’ residence in the UK
- The child’s parent is a British citizen by descent; and
- The child and both of his parents lived in the UK for three years immediately preceding the date of application; and
- During this three-year period, each person was not absent from the UK for more than 270 days; and
- Both parents’ consent to the registration application.
If a child was born abroad and neither of the requirements set out at (a) and (b) above can be met, then whilst a child is still a minor a discretionary application for registration as a British citizen can be made. The Secretary of State for the Home Department can choose to register a child as a British citizen if they make an application, provided that:
- The child is under the age of 18 at the date of application;
- Of good character (if aged 10 years or over); and
- The Secretary of State sees fit to register them.
These are the only statutory requirements for discretionary registration. However, even if these requirements are met the Secretary of State is less likely to register a minor child as a British citizen unless they fall broadly within one of the scenarios outlined by the Home Office in their guidance. These scenarios are detailed but, in summary, include (although are not limited to) the following:
- A child applying at the same time as their parents, or where their parent has already naturalised as a British and the child holds settlement in the UK and has been resident in the UK for at least the 2 years prior to the date of application.
- A child and their parent has spent 5 years in the UK with lawful residence and the child has held settlement in the UK for over 12 months. In this scenario the parents do not need to apply to naturalise at the same time.
- A child has lived in the UK for more than 10 years and the child is lawfully in the UK with parents who have regularised immigration status. The child themselves does not necessarily have to be in the UK lawfully, if the unlawfulness of their status was beyond their control (although this will make the application more discretionary).
There are further scenarios in which the Secretary of State may agree to register a minor child as a British citizen, especially in circumstances that may be particularly compelling or compassionate, or considered to be in a child’s best interests. As the application is ultimately at the discretion of the Secretary of State for the Home Department, it is often worth trying such an application, even if the scenarios in the caseworker guidance are not precisely met, especially if the child has strong ties to the UK.
Please note that British nationality law is exceptionally complex, and the above information should be taken as a summary only; it does not constitute legal advice. We recommend seeking comprehensive nationality law advice prior to making any application for British citizenship either for you or your child.
The Citizenship & Immigration Team at Payne Hicks Beach have extensive experience in all areas of nationality law, including complex and discretionary applications.
For further information, please get in touch with Kathryn Bradbury or Amelia Mercer.
