British Citizenship and Passport for a Child Born to Settled Parents

Last updated: 13 August 2024

You may be able to apply for a British passport for your child if you have settled status (i.e. 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. 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

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.

If your child is currently outside the UK, and they have one British parent, they may be able for British citizenship if:

• the British parent Naturalised as a British National before the birth of the child or
• the British parent is a British National, having been born in the UK or
• the British Parent is a British National, but not born in the UK, and has lived in the UK for over 3 years (with absences of less than 270 days) in one defined period before the birth of the child.

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 3 years with both parents residing in the UK for the same time period and one parent is a British citizen
• your child is settled 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.