British Citizenship and Passport for a Child Born to Settled Parents

Last updated: 19 June 2024

You may be able to apply for a British passport for your child if you have settled status (ILR). The exact eligibility requirements and application process will depend on various factors, such as whether your child was born in the UK and you had ILR when they the child was born.

If a child is born in the UK to a parent who already hold ILR / settled status, they will automatically become a British citizen and can apply for a UK passport. On the other hand, if a child is born outside of the UK to parents with UK-settled status, it may be possible to register them for British citizenship first. The following explains the rules for gaining British citizenship for a child born to settled parents in more detail. You can also discuss your case with one of our immigration lawyers by calling us at 020 3744 2797.

Child born in the UK to parents with settled status

If your child was born in the UK after you were granted settled status (ILR), they can apply for a child British passport as long as they are under 16 or an adult British passport if they are over 16. In this scenario, there is no need to apply for British citizenship for your child before applying for a passport, as they are automatically a British citizen. However, please ensure that at least one parent must have held one of the following immigration statuses when the child was born:

• Indefinite leave to remain (ILR)
• Right of abode
• Permanent residence status, if you were born on or before 30 June 2021, or
• Settled status under the EU Settlement Scheme

To apply for a first British passport for your child if they are automatically a British citizen, you will need to provide:

• New passport photos of your child
• Your child’s full birth (or adoption) certificate containing your details
• Evidence that your child has British nationality. You can prove this by providing evidence that you held settled status at the time of your child’s birth, such as an ILR sticker in your passport, a letter from the Home Office, a vignette sticker, or a biometric residence permit, and
• Any valid passports from a different country belonging to the child

If your child was born in the UK before you were granted settled status or ILR, you may need to register them for British citizenship first. This is because if you did not hold the UK settled status when your child was born in the UK, they will not automatically have become a British citizen; you have to apply for it. Once they have been formally granted British citizenship, you can then apply for a child passport on their behalf.

Child born outside of the UK to non-British parents with settled status

You may be able to register your child for British citizenship if they were born outside the UK and you have settled status (not British citizenship) as a non-British parent.

If your child is currently in the UK and they hold a valid visa, they may be eligible for British citizenship if:

• One parent is a British citizen or has applied to become one through the process of registration or naturalisation
• Your child’s other parent (if they are involved in the child’s life) is a British citizen or settled in the UK (i.e.ILR)
• Your child has been resident in the UK for the last 2 years (or less if the child is under 3 years)
• Your child is settled in the UK
• Both parents give their consent to registration (unless good reasons are provided), and
• There are no reasons to refuse citizenship on character grounds.

Remember, however, if one parent held British citizenship when the child was born outside the UK, the rules allow British citizenship to be automatically passed down to that child by one generation. In this case, there is no need to apply for British citizenship for your child.

If your child was born outside the UK and is still living outside the UK, unless one parent holds British citizenship, they may not be eligible for British citizenship. In this case, it may be possible to apply for Indefinite Leave to Enter (ILE) for your child, allowing them to come to the UK to join you. To qualify, at least one parent must be settled and present in the UK.

To discuss your case and to understand whether your child is eligible for British citizenship or a British passport, please speak to one of our friendly and understanding immigration lawyers by calling us at 020 3744 2797 or by filling in the enquiry form. They will be pleased to advise you based on your circumstances and those of your child.