Indefinite leave to remain

Children born in the UK: are they British?

National law firm Solicitors representing clients across the UK

On this page
  1. Settled at the time of birth
  2. Fathers and parents
  3. If the child is not British at birth
  4. Passports and proof
  5. What we do
  6. Ask a question

Being born in the UK does not by itself make a child British. Since 1 January 1983 a child born here is a British citizen at birth only if, on the day of birth, at least one parent was a British citizen or settled in the UK.

Settled at the time of birth

"Settled" means indefinite leave to remain, settled status under the EU Settlement Scheme, or, for EU citizens before 2021, permanent residence. A parent with limited leave, pre-settled status or no status does not pass on citizenship at birth. If a parent becomes settled or British later, the child can register.

Fathers and parents

For children born on or after 1 July 2006, an unmarried father counts as a parent if he is named on the birth certificate or paternity is proved. For earlier births the rules were different and registration routes exist to correct the result.

If the child is not British at birth

  • A parent later becomes settled or British: the child is entitled to register under section 1(3) while under 18.
  • The child lives in the UK for the first ten years of life: entitled to register under section 1(4), at any age, with no more than 90 days' absence in each year (small excesses can be overlooked).
  • Neither applies yet: the child may be registered at the Home Secretary's discretion under section 3(1), or may qualify for leave on the seven-year child route first.

See registering a child as a British citizen for the process and the £1,000 fee with fee waiver.

Passports and proof

A child who is British at birth does not need to register; apply for a passport with the birth certificate and evidence of the parent's status on the day of birth. Where that evidence is hard to find, we obtain it from Home Office records.

What we do

We confirm whether the child is already British, and if not which registration route applies and when, so that the family does not pay for an application that is not yet needed or miss one that is.

Ask a question

Not sure whether you qualify yet? Ask a solicitor and we will reply by phone or email.

Accreditations

Verified by the SRA. Click the badge to check our regulatory record with the Solicitors Regulation Authority.

CallWhatsApp us

Contact us now

Tell us how to reach you and we will call you back. Or ring 0161 222 5860.

Please do not include sensitive personal details here. Sending this does not make you a client of the firm. See our privacy policy.

Enquiry from: