A child born in the UK to foreign parents is not automatically entitled to British Citizenship.
There are a number of ways a child can become a British Citizenship to foreign parents. This can be achieved in one of the following ways (note this is not an exhaustive list):
- If the child has lived in the UK from birth until aged 10, or
- If at least one parent has settled status or indefinite leave to remain in the UK; or
- At the Secretary of State (Home Office) discretion; or
- If the child is stateless.
How can a child born in the UK apply for British Citizenship if the child has lived in the UK from birth until aged 10?
The Law
A child can register to become a British Citizen if they were born in the UK on or after 1 January 1943 and neither parent was a British citizen or settled at that time.
And
the child has lived in the UK until they were 10.
What are the requirements for a child to register in the UK if they have lived in the UK for the first 10 years?
The child must:
- be 10 or older; and
- and has lived in the UK until they were 10 or older; and
the child must have spent no more than 90 days outside the UK in each of the first 10 years of their life.
If the child has spent more than the permitted time outside the UK but there were good reasons, the home office can exercise discretion.
The process
You will need to complete Form T or apply online.
What are the Home Office Fees?
The fees are currently £1012.00.
A child can apply for British Citizenship if at least one parent has settled status or indefinite leave to remain.
The Law
If a child is born in the UK where at least one parent was settled at the time of the child’s birth, the child will be automatically be a British Citizen.
If a child is born in the UK where neither parent was settled at the time of the child’s birth, the child can register as a British Citizen while a minor if at least one parent becomes a British Citizen or settled in the UK.
What are the requirements for registering a child as a British Citizen whose parent becomes settled or a British Citizen after the birth of the child born in the UK?
A child is entitled to register as a British Citizen if:
- The child was born in the UK; and
- the child was not a British citizen at birth because at the time neither parent was a British citizen or settled; and
- while the child was a minor either of the parents has since become a British citizen or settled in the UK; and
- the child is under the age of 18 on the date of the application; and
- the child is of good character if the child is over the age of 10.
The process
You will need to compete form MN1 or apply online.
What are the Home Office Fees?
The Home Office fees are currently £1012.00.
Applying for British citizen – discretionary provision for registration of a child
The Law
If while a child is under 18 on the date of application for registration as a British citizen, the Secretary of State (Home Office) may register the child at their discretion.
What are the requirements for the discretionary grant of registering a child as a British citizen?
The Home Secretary may exercise their discretion to register people as British citizens under section 3(1) of the British Nationality Act 1981 if:
- the child is under 18 at the date of the application; and
- if aged 10 years or over on the date of application the child is of good character; and
- they (the Home Office) think fit to register them as a British citizen
What are the Home Office Fees?
The Home Office fee is currently set at £1012.00
The process
You will need to complete Application form MN1 or apply online.
Applying to register as a British citizen if the child is stateless
The Law
A stateless person is defined as “a person who is not considered as a national by any State under the operation of its law”
What are the requirements for a child to register as a British citizen if they are stateless?
The child was born on or after 1 January 1983; and
- the child was born in the UK; and
- the child is stateless and has always been stateless; and
- the child is under the age of 22 on the date of the application; and
- the child has lived in the UK for 5 years before making the application; and
- the child has not been absent from the UK for more than 450 days.
What are the Home Office Fees?
The fee is currently £1,012.00.
What is the process?
You will need to complete Form S3 or apply online.