Child Born in UK to Non-British Parents

Section A: Status of a Child Born in UK to Non-British Parents

A child born in the UK to non-British parents does not automatically become a British citizen. Automatic citizenship only applies where at least one parent is a British citizen or holds settled status, such as Indefinite Leave to Remain (ILR), Indefinite Leave to Enter (ILE) or settled status under the EU Settlement Scheme. If neither parent has this status at the time of the child’s birth, the child may still be eligible to register as a British citizen later, depending on factors such as long-term residence, statelessness or a change in the parents’ immigration status.

Birth in the UK also does not, on its own, give the child any right to stay in the UK or any immigration status.

In most cases, the child will need a visa in line with the family’s circumstances and, later, a separate application if they are to become British. Parents who assume that a UK birth certificate is enough to prove British citizenship or a right to live in the UK permanently can face serious problems when the child later applies for a passport or needs to prove their status.

1. Citizenship Status of the Child

A child born in the UK is automatically a British citizen at birth only if at least one parent is a British citizen or holds a form of settled status, such as indefinite leave to remain, indefinite leave to enter or settled status under the EU Settlement Scheme.

If neither parent has British citizenship or settled status, the child is not automatically eligible for British citizenship. However, the child may still have pathways to register as a British citizen later, such as:

a. 10-Year Residency Rule: A child who has lived in the UK continuously from birth until the age of 10, without significant absences (usually not exceeding 90 days per year), can apply to register as a British citizen. This route is often relevant where parents have spent many years on temporary visas or have had periods without status, but the child’s life has been firmly based in the UK.

b. Change in Parents’ Status: If the parents later acquire British citizenship or settled status, the child may become eligible for registration as a British citizen. In many cases, this is an entitlement route rather than a purely discretionary application, provided the criteria are met and the child is still under 18 at the date of application.

c. Statelessness: If the child is not recognised as a citizen of any country, they may be eligible to apply for British citizenship under statelessness provisions. These cases are evidentially demanding and usually require careful analysis of the nationality laws of the parents’ countries, as well as practical evidence that the child has not been treated as a national of any state.

The key question is whether either parent was British or settled at the time of birth and, if not, whether the family intends to stay in the UK for long enough to use routes such as the 10-year rule or registration once a parent becomes settled or British.

Parents should keep detailed records of the child’s residence, school history and travel, as this evidence is often vital when preparing a future registration application. Where the family has moved address frequently or had periods outside the UK, a clear paper trail can make the difference between a straightforward grant and extensive Home Office scrutiny.

2. Immigration Status of the Child

A child born in the UK does not automatically inherit their parents’ visa status. Instead, their immigration status needs to be clarified based on the parents’ circumstances. If the parents are on temporary visas (for example work, student or visitor visas), they will typically need to include the child in their immigration applications or make a separate application for the child to ensure they have the permission to remain in the UK legally and avoids any suggestion that the child has been living here without leave.

For example, where both parents hold Skilled Worker visas, the child will usually need a Skilled Worker dependant visa if the family intends to stay in the UK. If the parents later switch to ILR, the child’s status should be updated at the same time, where possible.

A UK-born baby is not considered an overstayer if no application is made immediately, but they also do not have leave, and this lack of formal status can create problems with NHS charging, travel and evidence of lawful residence for future applications.

Where the parents have no current leave and are overstayers, the child will usually have no leave either, unless a separate application has been made under routes, such as private life or as a dependant of a parent granted leave on that basis.

Parents should notify the Home Office of the child’s birth where required and check whether they need to apply for the child’s visa or include them in a family application. Leaving the child without leave can create problems later, including difficulties proving continuous lawful residence, barriers to future applications and questions around access to services.

3. Long-Term Considerations for Parents

Parents who plan to remain in the UK long term should explore pathways to acquire settled status or British citizenship themselves, as this can directly impact their child’s eligibility for British citizenship and the routes available. Securing ILR or British citizenship for at least one parent can open up entitlement routes for the child which are more straightforward than relying on discretionary provisions alone.

Keeping the family’s immigration status consistent and up to date is crucial. Failure to do so may lead to complications for the child’s future residency and citizenship rights, such as difficulties satisfying continuous residence requirements, problems proving good character where there have been periods of unlawful stay, or challenges when making later applications for further leave, ILR or citizenship as an adult. Early planning around both the parents’ and the child’s status helps reduce these risks and gives the family a clearer path to long-term security in the UK.

Section B: Rights of Children Born in the UK

Children born in the UK to non-British, non-settled parents do not have the same rights as British children in every respect, particularly around immigration status, healthcare and access to public funds. Some rights, such as access to emergency NHS treatment and state education, apply regardless of nationality or immigration position. Others depend directly on whether the child has leave to remain, is covered by the Immigration Health Surcharge or falls within specific exemptions.

Parents therefore need to separate out what their child is entitled to automatically from those areas where immigration status and evidence will be examined closely. The main issues arise around non-urgent NHS treatment, future benefit eligibility, housing and the ability to travel and re-enter the UK lawfully.

1. Access to Services

A child born in the UK to parents who do not have British citizenship or settled or pre-settled status is not automatically entitled to free NHS healthcare for all treatment. Emergency treatment and certain limited services are provided regardless of immigration status, and children are entitled to free state education, but non-emergency NHS care can be chargeable where the child does not have leave or is not covered by an exemption.

Non-emergency NHS care for a UK-born child becomes chargeable once the baby is discharged from maternity services unless the child has valid immigration permission or is covered by an exemption under the NHS Charging Regulations. Some NHS Trusts apply short-term local concessions for newborns, but these are not guaranteed nationwide. Parents should regularise the child’s status promptly to avoid hospital charges and future immigration issues.

Children, however, are always entitled to free state education and emergency NHS treatment, regardless of immigration status. The main risk lies in non-urgent hospital treatment, which can generate substantial debts if the child is chargeable and which can also affect future immigration applications where unpaid NHS debt exceeds prescribed thresholds.

NHS guidance draws an important distinction between emergency care, which is always provided, and non-urgent treatment, which can be chargeable for overseas visitors. Babies born in the UK may benefit from limited concessions for the first three months of life, particularly where a parent has leave to remain and has paid the Immigration Health Surcharge (IHS). After that period, if no valid UK immigration application has been made for the child and the IHS has not been paid (and no exemption applies), the child can be charged for non-emergency NHS care. Parents are strongly advised to take early steps to regularise the child’s status and to understand how NHS charging applies in their situation.

2. Travel Considerations

If the child is not a British citizen, they will usually need a passport or travel document from the country of nationality of one or both parents. Parents should check with their embassy or consulate for passport application requirements for their child, including any rules about registration, parental consent or attendance at the consulate in person.

Parents should also ensure the child has the appropriate visa or travel authorisation to re-enter the UK after international travel. A common problem arises where a child leaves the UK without a visa, perhaps relying on a foreign passport alone, and is then unable to return because they lack the correct UK entry clearance. Planning travel only after the child’s UK immigration position has been regularised helps avoid stressful and costly disruption.

Section C: How can a Child Born in the UK Acquire British Citizenship?

If the child is eligible for British citizenship, parents need to submit an application for registration to the Home Office using the appropriate form (such as Form MN1 or Form T). This process involves providing supporting evidence, such as proof of residency, parents’ citizenship or settled status and, where relevant, evidence of statelessness or private life in the UK.

The process of registering a child as a British citizen involves fees, which can be significant and are usually non-refundable once an application is accepted as valid. Parents should be aware of these costs and ensure they budget accordingly, particularly where more than one child will be applying or where additional costs such as document translation, travel for appointments and biometric enrolment are likely to arise.

Applications for children often involve detailed evidence about residence and family circumstances. Errors on dates, gaps in residence evidence, unclear explanations of travel or inconsistent information across linked family applications are common reasons for delay or refusal. Given the level of Home Office scrutiny and the financial risk if an application is refused, many families choose to take advice before submitting a registration application.

If a child is not automatically a British citizen, they may still become eligible to register as one through several legal routes. Registration is the main process for children, with some pathways giving a clear entitlement once the statutory criteria are met and others relying on Home Office discretion. Parents should identify the correct basis before applying, as the requirements and evidence differ significantly. Many of these routes are time-sensitive and only available while the child is under 18, so early planning is important.

Common situations include a child who has lived in the UK continuously from birth until age 10, a child whose parent becomes settled or British after their birth, a child who is genuinely stateless or a case where the Home Office is asked to exercise discretion because of the child’s strong connection to the UK. Each case requires detailed evidence to show the child’s residence, the parents’ immigration status and the circumstances that justify registration.

1. Automatic Acquisition of Citizenship at Birth

A child born in the UK automatically becomes a British citizen only where at least one parent holds a qualifying status at the time of birth. In these cases the child is British from birth and the family does not need to apply for registration. A passport application will still be required, but the child’s British citizenship itself is not in dispute.

The qualifying statuses include the following:

• A British citizen: If either parent is already a British citizen at the time of birth, the child automatically acquires British citizenship.
• A parent who is “settled” in the UK: A parent holding indefinite leave to remain, indefinite leave to enter or settled status under the EU Settlement Scheme is regarded as settled. Where a parent meets this definition at the time of the child’s birth, the child is automatically British.

No registration application is required in these circumstances. Parents should keep evidence of their own status at the time of birth, such as ILR approval letters, EU Settlement Scheme confirmations or naturalisation certificates, as these documents are often requested during the child’s first passport application. Any uncertainty about the parent’s status at the time of birth should be clarified before applying for a British passport, as errors can cause avoidable delay and queries from HM Passport Office.

2. Entitlement to Register as a British Citizen

Where a child does not qualify automatically at birth, they may still have a statutory entitlement to register as British. Two routes commonly apply for children born in the UK to foreign parents: the 10-year residence route and the route based on a parent becoming settled or British after the child’s birth.

Under the 10-year residence route, a child can register as British if they were born in the UK on or after 1 January 1983, neither parent was British or settled at birth and the child has lived in the UK continuously for the first 10 years of life. The child must be at least 10 and the absences from the UK should not exceed 90 days in any of those years, unless there are strong reasons explaining the higher absences. Parents should maintain clear evidence of residence, school history and travel, as this information forms the basis of the application.

Alternatively, section 1(3) of the British Nationality Act 1981 allows a child to register as British when a parent becomes settled or British after the child’s birth. This is an entitlement provided that the child is still under 18 at the date of application and, if aged 10 or above, meets the good character requirement. This route is often more straightforward than discretionary applications because the law provides a direct pathway once the parent’s status has changed. Families considering this option should plan the timing of the child’s application to ensure it is submitted before the child turns 18.

Both the 10-year and section 1(3) routes require detailed documentation, including evidence of the parent’s changed status, the child’s residence and identification documentation. Any gaps or inconsistencies in the evidence can delay the application or undermine the claim of continuous residence.

3. Discretionary Registration Under Section 3(1)

Where a child cannot rely on an entitlement route, the Home Secretary has the power to register a child as British at their discretion under section 3(1). This option is based on broader factors such as the child’s strong connection to the UK, their future intentions, family circumstances and the best interests of the child. Discretionary cases vary widely and need to be supported by thorough evidence to demonstrate why registration is appropriate.

The requirements include the child being under 18 at the date of application and meeting the good character requirement if aged 10 or above. Applications usually need to show that the child has built a significant life in the UK, often through long-term residence, education, family stability and integration within the community. Where parents have limited or irregular immigration status, careful explanation and evidence are important to address any Home Office concerns.

4. Applying to register as a British citizen if the child is stateless

A child born in the UK who is not recognised as a national by any country may qualify to register as British under the statelessness provisions in Schedule 2 to the British Nationality Act 1981. An application must show that the child is and always has been stateless, that they were born in the UK, and that they have lived in the UK or a British Overseas Territory for at least five years with absences not exceeding 450 days in total across that period.

Statelessness applications require detailed evidence showing that the child is not considered a national by any country under the operation of its laws. This often involves obtaining confirmation from the relevant foreign authorities and explaining why the child has not been, and cannot be, registered as a national of those countries. These applications are scrutinised closely, so documentary preparation is critical.

5. Eligibility as ‘stateless’ under Schedule 2, Paragraph 3

To register a stateless child as British under Schedule 2, the following conditions apply:

• The child was born in the UK on or after 1 January 1983;
• The child is and has always been stateless;
• The child is under 22 on the date of application;
• The child has lived in the UK or a British Overseas Territory for the five years immediately before the application;
• The child has been absent for no more than 450 days during that period.

If the child has spent more time in the UK than in any British Overseas Territory during the relevant five-year period, they can be registered as a British citizen. Where the balance of residence favours the overseas territories, registration may instead be as a British Overseas Territories citizen. These cases require careful assessment of residence history and clear evidence to demonstrate the statutory requirements.

6. Naturalisation

Where a child does not qualify for registration before turning 18, they may later be eligible to naturalise as a British citizen once they have held indefinite leave to remain and have met the residence requirements applicable to adults. Naturalisation involves additional requirements that do not apply to children, including the Life in the UK Test, English language evidence, stricter residence limits and the good character assessment.

Because registration routes are more flexible and better suited to a child’s circumstances, families usually prefer to secure a child’s citizenship before they reach adulthood. However, naturalisation remains a valid route where registration was missed or the relevant criteria were not met.

Section D: Children Born in the UK to Asylum-Seeking Parents

A child born in the UK to asylum-seeking parents does not acquire British citizenship automatically, and the fact that the family is in the asylum system does not change the rules under the British Nationality Act. The child’s nationality, status and future eligibility for British citizenship follow the same legal framework as any other child born in the UK to non-British, non-settled parents.

However, recent government commentary about asylum and birth in the UK has caused understandable uncertainty for families. But, current Home Office policy confirms that UK-born children of refused asylum seekers are treated as part of the family unit for removal, and birth in the UK does not create any independent protection from removal. Where a parent has an outstanding asylum claim, the baby is usually added as a dependant on that claim so the family can be considered together. The child does not receive a separate immigration status, nor do they gain protection rights independently of the parent, unless there are exceptional circumstances that justify an individual claim. The family remains within the asylum process until a final decision is made, including any appeal rights.

This does not affect the child’s future ability to register as British under the 10-year rule if they remain resident long enough.

1. Effect on the child’s immigration status

Being born in the UK does not give the child lawful immigration status outside the asylum system. The child is treated as part of the parent’s claim and housed, supported and processed within the same framework. If the parent’s claim is granted, the child will normally receive leave in line with the parent. If the claim is refused and appeal rights are exhausted, the same outcome will apply to the child unless separate grounds exist.

Birth in the UK also does not protect the family from removal once the asylum process has been concluded. The rules on removal and inadmissibility apply to the whole family unit unless a separate, child-specific protection basis is established.

2. Effect on future British citizenship eligibility

There are no special nationality provisions for UK-born children of asylum seekers. Citizenship routes remain the same: the 10-year residence route, registration where a parent later becomes settled or British, or discretionary or statelessness routes where applicable. The child’s time in the UK while the asylum claim is ongoing counts towards the 10-year residence requirement, provided they have lived continuously in the UK.

However, because the family may move frequently under Home Office accommodation arrangements or may have gaps in documentation, parents should keep consistent records of the child’s residence from birth. This is often crucial when later preparing citizenship applications.

3. Impact of recent government announcements

Recent political statements about tightening asylum laws do not change the rules on citizenship for UK-born children. Birth in the UK does not create an automatic right to remain, and it does not create any barrier to removal if the asylum claim is refused. Equally, government proposals do not limit or remove existing routes for children to register as British later based on residence or a parent becoming settled or British.

The asylum process and the nationality framework remain distinct. Although policy changes may affect support provision, accommodation or removal procedures, they do not alter the conditions for acquiring British citizenship under the British Nationality Act 1981.

Section E: Summary

A child born in the UK to non-British, non-settled parents is not automatically British and does not gain any right to stay in the UK just from being born here. Automatic citizenship only arises where at least one parent is British or settled at the time of birth. In all other cases, parents need to think separately about the child’s immigration status and any later application for citizenship.

The child will usually need their own visa if the family intends to remain in the UK, and without a valid application and Immigration Health Surcharge payment they can be charged for non-urgent NHS care after an initial period. UK birth also does not guarantee a British passport, so parents should secure a foreign passport where needed and the right UK entry clearance before travel.

Over the longer term, a UK-born child may be able to register as British through the 10-year residence route, because a parent later becomes settled or British, or on discretionary or statelessness grounds. Missing those opportunities may mean relying on naturalisation as an adult, with tougher requirements. Careful planning, strong evidence and timely applications are central to protecting the child’s position.

Section F: Need Assistance?

If you have a question about your child’s status in the UK, we can help. UK nationality rules are complex and given the effort required to make the application and the level of Home Office fees, it is important you proceed with the best route for your child. We can advise on the options available and can support you through the process.

For guidance with your child’s application, speak to us.

If you need guidance on your child’s status or the most secure route to British citizenship, we can help. These applications rely on clear evidence, careful timing and a full understanding of how the Home Office assesses each case. A fixed fee telephone consultation gives you clarity on your options, the strength of your position and the practical steps needed to protect your child’s future in the UK.

To discuss your circumstances and plan the correct approach, book a telephone consultation with our specialists.

Section G: Child Citizenship FAQs

What is the nationality of a child born in the UK to non-British parents?

A child born in the UK to non-British, non-settled parents does not automatically acquire British citizenship. Their nationality usually follows the nationality laws of one or both parents, meaning they are normally treated as a national of the parents’ country unless that country’s laws provide otherwise. British citizenship is only automatic where at least one parent was British or settled at the time of the child’s birth.

Do babies born in the UK automatically get citizenship?

Birth in the UK does not, by itself, make a child British. Automatic citizenship applies only when a parent is a British citizen or is settled in the UK at the time of birth. Many UK-born children of parents on temporary visas later register as British through routes based on residence, a parent becoming settled or British, or other legal provisions.

Does a UK-born child get the same visa as the parents?

A child does not inherit a parent’s visa automatically. If the family intends to remain in the UK, the child usually needs their own immigration permission, either as a dependant or under another suitable route. Leaving the child without leave can cause problems with NHS charging, travel and future immigration applications.

Does a UK-born child need a visa for the NHS?

A UK-born child may be charged for non-urgent NHS treatment if they do not have valid immigration status and are not covered by an exemption. Emergency treatment and state education are always provided. After an initial period, the child’s access to non-emergency NHS care generally depends on a valid visa and payment of the Immigration Health Surcharge where required.

Can a foreign national child born in the UK get a British passport?

No, not unless the child is already legally British. A UK birth certificate does not prove British citizenship. If the child is not British, parents need to apply for a passport from their own nationality’s authorities and ensure the child holds the correct UK immigration permission for travel and re-entry.

What happens if a foreign national gives birth in the UK?

The child’s nationality, immigration status and access to services depend on the parents’ status. If the parents hold visas, the child usually needs to be added to their immigration applications. The family must also consider NHS charging rules, passport options and future eligibility for British citizenship.

Can parents stay in the UK because their child was born here?

Having a UK-born child does not give parents an automatic right to stay in the UK. However, if the child becomes British, or if the child has lived in the UK for at least seven years, the family may be able to apply for leave to remain under the private life or family life routes. These applications require detailed evidence about the child’s best interests and the impact of removal.

Can a UK-born child become British after 10 years?

A child born in the UK can register as British once they reach age 10 if they have lived in the UK continuously for the first 10 years of their life. Absences must generally be limited, and parents need to provide clear evidence of residence and travel. This is a common route for children whose parents hold temporary visas.

Can a child become British if a parent gets ILR or citizenship?

A UK-born child may have an entitlement to register as British if a parent becomes settled or British after the child’s birth, provided the child is still under 18 at the time of the application. This route can offer a more straightforward pathway than discretionary applications.

What if the child is stateless?

A UK-born child who is not recognised as a national by any country may be eligible to register as British under statelessness provisions. These applications require detailed evidence showing that the child is genuinely stateless and that they meet the residence requirements. Statelessness cases are evidence-heavy and usually need specialist advice.

What happens if we leave the UK before applying for citizenship?

Leaving the UK does not prevent a future British citizenship application, but long absences can affect residence-based routes, such as the 10-year rule. If the child leaves the UK for long periods or relocates permanently, entitlement routes may no longer apply, and discretionary applications may be harder to justify.

What is the difference between registration and naturalisation?

Registration is the process used for children and some specific adult cases. Naturalisation is mainly for adults who already hold indefinite leave to remain and have met strict residence, language and Life in the UK requirements. Families usually seek registration for a child because the criteria are more suited to a child’s circumstances and do not involve language or knowledge tests.

Do registration fees get refunded if the application is refused?

Once a registration application is accepted as valid, the fee is not refunded if the Home Office later refuses the application. Parents should ensure the evidence is complete and accurate before applying.

Should we get legal advice before registering a child as British?

Registration requirements vary depending on the route, and errors over residence dates, parents’ status or nationality evidence are common reasons for refusal. Given the fee is at risk if the application is refused, many families take advice before submitting an application to ensure the correct route, evidence and timing.

Section H: Glossary

Section I: Additional Resources & Links