British Citizenship Application for a Child

If your child has British citizenship, they will be able to remain in the UK indefinitely, apply for a UK passport, vote at the age of 18, claim benefits in the future, and access free healthcare through the NHS. A child may have automatic British citizenship or register to become a UK citizen depending on where they were born, the nationality of their parents, and whether their parents are settled in the UK. There are several ways for a child to become a British citizen, including:

• British Citizenship by birth
• British Citizenship by descent
• British Citizenship by double descent
• British Citizenship for a child born abroad
• British Citizenship for a child born to settled parents
• British Citizenship for a child born in the UK to non-British parents
• British Citizenship for a stateless child

British Citizenship by Birth

A child automatically becomes a British citizen if they are born in the UK on or after 1^st January 1983 and one parent was either a British citizen or ‘settled’ in the UK (ILR) at that time.

On the other hand, if the child was born in the UK, but their parent/s gained citizenship or ILR after they were born (but before the child reaches the age of 18), they can be registered as a British citizen.

It is also possible to register a child for British citizenship if they were born in the UK and lived here until they were at least 10 years old.

British Citizenship by descent

British citizenship by descent means that a parent can automatically pass down their British nationality one generation to their children born outside the UK. In other words, if you held British citizenship when you gave birth to your child outside the UK, you can pass down your UK citizenship to them, but they cannot pass it down to their children if they are also born outside the UK.

Whether your child has automatic British citizenship by descent or you need to register will depend on a range of factors, such as whether their mother or father lived in the UK before the birth and whether the child has lived with their parents in the UK.

British Citizenship by double descent

British citizenship by double descent means that a child born outside the UK may be eligible for British citizenship through a UK-born grandparent. To apply for British citizenship by double descent, the child must have:

• A grandfather who was born in the UK and who was in the Crown Service when their parents were born, or
• At least one parent who was born in a former British colony, or
• A mother born in the UK, but not a British father who was registered as a British citizen between 2nd February and 31st December 1982.

British Citizenship for Child Born to Settled Parents

A child who is born in the UK will automatically have British citizenship if they have a parent:

• Who is a British citizen
• Has settled status (e.g. ILR), or
• Is a member of the UK Armed Forces at the time of their birth.

This is referred to as ‘British citizenship otherwise than by descent’. In other words, the child qualifies for British citizenship on the basis of being born in the UK to settled parents, not through the citizenship of their parents.

Children who automatically acquire British citizenship do not need to be registered.

British Citizenship for Child Born Abroad

Children born on or after 1^st July 2006 outside of the UK are automatically considered British citizens if their mother or father was a British citizen when they were born, and their British parent could pass on their citizenship (i.e. through descent).

Children born outside the UK who are not automatically considered British citizens may be eligible to register for British citizenship if they:

• Have lived in the UK with their parents
• Have a British parent who lived in the UK before they were born
• Were adopted outside the UK, or
• Have a father who was a British citizen when they were born, and their mother was married to someone else at that time.

British Citizenship for Child Born in the UK to Non-British Parents

The right of British citizenship ‘otherwise than by descent’ means that a child born in the UK to non-British parents is automatically a British citizen if they have a parent who was settled (i.e. ILR) in the UK at the time of their birth.

A child born in the UK to non-British parents who, at the time of their birth, did not hold settled status or citizenship can be registered as a British citizen if one or both parents later gained settled status citizenship or joined the UK Armed Forces.

British Citizenship for a stateless child

If your child does not have a nationality or citizenship of any country, they are considered ‘stateless’. A stateless child may be eligible for British citizenship if they were born in the UK on or after 1^st January 1983 and:

• Were stateless when born and have remained so
• Have been in the UK or a British overseas territory on the date 5 years and not absent for more than 450 days in that period
• Under the age of 22 years old on the date of application
• Unable to acquire another nationality if aged 5-17

A child born outside the UK can also apply to register for citizenship here if they have spent 3 continuous years in the UK and have a parent who was a British citizen or subject at the time of their birth.

Do I need a British citizenship referee to register my child?

If you are applying to register your child for British Citizenship, your application must be endorsed by 2 referees who you have known for at least 3 years. The rules state that one referee can be of any nationality, but they must be a professional person. However, the other referee, must have a British citizen passport and be either a professional person or over the age of 25.

A professional person may include:

• a minister of religion
• civil servant
• a member of a professional body such as an accountant or a solicitor (but not an immigration solicitor handling your application)

Your referees must not be related to you or to the other referee or have been convicted of an imprisonable offence in the last 10 years.

If your child’s British citizenship application is refused

If your child’s British citizenship application is refused, you may be able to ask for the decision to be reconsidered. This is an option, for example, if you believe that the refusal was due to an incorrect application of the law, policy or procedure. Alternatively, if you made a mistake on your application, you can consider simply submitting a new application. The options available to you if your child’s citizenship application is refused will depend on the reason for the refusal.

It is important to speak to an immigration solicitor who can recommend the best approach to reverse the refusal of your child’s British citizenship registration application based on experience and past cases. Doing so will enable your child to remain permanently in the UK with you as a citizen of Great Britain.