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.

Parents must consider the child’s immigration position carefully. A child born in the UK is not automatically granted the same visa or permission to stay as their parents. The child will need a valid passport and visa for international travel and re-entry. And without a valid UK immigration application and payment of the Immigration Health Surcharge (IHS), the child may be charged for non-emergency NHS care after three months. Parents are encouraged to seek advice and take early steps to protect their child’s legal rights and entitlements.

In this guide, we explain the current rules governing immigration status and nationality of children born in the UK, and consider the possible routes for a child to become a British citizen if born in the UK to foreign parents.

 

Immigration status of child born in the UK to foreign national parents

 

When a foreign national gives birth in the UK, the child’s nationality, immigration status and access to certain rights and services depend largely on the immigration status of the parents and the legal framework governing British citizenship. Parents who are concerned about securing British citizenship for their child or clarifying their legal position should consider the following:

 

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.

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.

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.

 

Immigration Status of the Child

 

A child born in the UK does not automatically inherit their parents’ visa status. Instead, their immigration status must be clarified based on the parents’ circumstances. If the parents are on temporary visas (e.g., work, student, or visitor visas), they will typically need to include the child in their immigration applications. This ensures the child has permission to remain in the UK legally.

Parents should notify the Home Office of the child’s birth and check whether they need to apply for the child’s visa or include them in a family application.

 

Access to Services

 

A child born in the UK to parents who do not have British citizenship or settled/pre-settled status is not automatically entitled to free NHS healthcare. NHS guidance states they may be charged for non-emergency healthcare after the age of 3 months unless a visa application is submitted and the Immigration Health Surcharge is paid (or the child is exempt). Children, however, are always entitled to free state education and emergency NHS treatment, regardless of immigration status.

 

Travel Considerations

 

If the child is not a British citizen, they will 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.

Parents should also ensure the child has the appropriate visa or travel authorisation to re-enter the UK after international travel.

 

Securing British Citizenship for the Child

 

If the child is eligible for British citizenship, parents must submit an application for registration to the Home Office using the appropriate form (such as Form MN1 for children). This process involves providing supporting evidence, such as proof of residency or parents’ citizenship/settled status.

The process of registering a child as a British citizen involves fees, which can be significant. Parents should be aware of these costs and ensure they budget accordingly.

 

Applying for British citizenship can be complex, particularly when relying on discretionary provisions or when the child’s circumstances are unclear. Parents are strongly advised to seek professional legal advice to ensure the application is successful.

 

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.

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.

 

How can a child born in the UK acquire British Citizenship?

 

If a child is not automatically a British citizen, they may become eligible to register as one under certain conditions. This is a discretionary process that involves an application to the Home Office. Common scenarios include the following, though this is not an exhaustive list, and the routes will depend on the specific circumstances of the child. For example, a child may qualify if they have lived in the UK continuously from birth until the age of 10, or if at least one parent holds settled status or indefinite leave to remain, or if the Secretary of State (Home Office) exercises discretion in their favour, or if the child is stateless.

 

Automatic Acquisition of Citizenship at Birth

 

A child born in the UK can automatically become a British citizen at birth if at least one of their parents holds a specific qualifying status. This means the child does not need to apply for citizenship or meet additional criteria—they are recognised as a British citizen from the moment they are born.

The qualifying statuses for the parents include the following:

 

• A British Citizen: If at least one parent is already a British citizen at the time of the child’s birth, the child automatically acquires British citizenship. It does not matter whether the other parent holds a different nationality or immigration status.
• Settled in the UK: If one parent is considered “settled” in the UK, the child automatically gains British citizenship. Being “settled” means the parent holds indefinite leave to remain (ILR), indefinite leave to enter (ILE), or has been granted settled status under the EU Settlement Scheme. These statuses indicate the parent has the right to live in the UK permanently without immigration restrictions.

 

In both scenarios, no further application or registration process is required for the child to be recognised as a British citizen. They are entitled to all the rights and benefits of British citizenship, including access to education, healthcare, and the ability to hold a British passport. Parents should ensure they retain documentation proving their status at the time of the child’s birth, as this will be needed to confirm the child’s citizenship when applying for a passport or other official identification.

 

Entitlement to Register as a British Citizen

 

A child can register to become a British Citizen if they were born in the UK on or after 1 January 1983 and neither parent was a British citizen or settled at that time and the child has lived in the UK until they were 10. The child must be 10 or older; and have lived in the UK until they were 10 or older; and 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 registration process uses Form T and costs £1,630.

 

Alternatively, a child may be registered as a British Citizen when a parent becomes settled or a British Citizen after their birth, which is an entitlement under section 1(3) of the British Nationality Act 1981, and not a discretionary route. Specifically, 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.

 

This is applied for using form MN1.

 

Discretionary Registration Under Section 3(1)

 

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.

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
• the Secretary of State thinks fit to register them as a British citizen

 

You will need to complete Application form MN1 or apply online.

 

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

 

A stateless person is defined as “a person who is not considered as a national by any State under the operation of its law”

A person born in the UK may have the right to register as a British citizen under paragraph 3 (1), Schedule 2 of the British Nationality Act 1981, even though his or her parents do not have lawful permission to be in the UK.

Paragraph 3 of Schedule 2 to the British Nationality Act 1981 states:

“3. (1) A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely
(a) that he is and always has been stateless; and
(b) that on the date of the application he was under the age of twenty-two; and
(c) that he was in the united Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450.
(2) A person entitled to registration under this paragraph –
(a) shall be registered under it as a British citizen if, in the period of five years mentioned in sub-paragraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the British Overseas Territories;
(b) in any other case, shall be registered under it as a British Overseas Territories citizen.”

 

The case of R (MK) v Secretary of State for the Home Department [2017] EWHC 1365 (Admin) examined how these provisions apply in practice. In that case, the applicant was a child born in the UK to Indian parents who were in the UK without valid immigration status (overstayers). The child had lived in the UK for more than five years and had never travelled to India. The Home Office had refused the application on the basis that the child could acquire Indian nationality, and was therefore not considered stateless.

However, the High Court clarified that the relevant question is not whether the child could acquire nationality in theory, but whether they are recognised as a national under the operation of the law in practice. This includes assessing whether the child has actually been registered as a national of another country and whether the legal process to acquire that nationality has been completed. The court held that evidence such as an affidavit from the parents or a letter from the consulate may be sufficient, unless shown to be fraudulent.

Following MK, the Home Office updated its guidance to reflect that robust evidence is required to establish statelessness, particularly where the country of a parent’s nationality allows for registration of the child but has not yet recognised them as a citizen. Applicants may be asked to provide confirmation from the relevant foreign authorities that the child has not been registered and is not regarded as a national. This can be a significant evidential hurdle.

Registration under this route is not automatic. Even if the child meets the statutory requirements, the Home Secretary retains discretion over whether to grant the application.

 

Eligibility as ‘stateless’ under Schedule 2, Paragraph 3

To register a stateless child as a British citizen under this provision, the following conditions must be met:

 

• The child was born in the UK on or after 1 January 1983;
• The child is and always has been stateless;
• The child is under the age of 22 on the date of the application;
• The child has lived in the UK for the five years immediately before the application;
• The child has not been absent from the UK for more than 450 days in that five-year period.

 

If these criteria are met, and the child has spent more time in the UK than in any British Overseas Territory during that period, they may be registered as a British citizen. Otherwise, they may be registered as a British Overseas Territories citizen.

Applications are made using Form S3, or can be submitted online via the UK government website.

 

Naturalisation

 

If the child does not qualify for registration, they may still be able to naturalise as a British citizen later in life if they meet the eligibility criteria, such as residency requirements.

Read more about naturalisation here.

 

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.

 

Child citizenship FAQs

 

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

Children do not automatically attain British citizenship if they are born in the UK. One of the child’s parents would need to be a British citizen or have UK settled status for a child to automatically attain British citizenship.

 

Do babies born in UK automatically get citizenship?

Babies are only automatically British if at least one of their parents is a British citizen or settled in the UK.

 

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

The child’s nationality and legal status depend on several factors, including the parents’ immigration status and the circumstances of the birth. For example, if the parents are in the UK on a visa (e.g., work, student, or visitor visa), the child does not inherit their visa status but will typically need to be included in the parent’s immigration applications if they intend to stay in the UK.

 

Can I stay in UK if my child born in UK?

Parents do not become eligible for British citizenship through a child. However, it may be possible to apply for UK leave to remain if their child is a British citizen or has lived in the UK for at least 7 years, under the private life provisions.

 

Glossary

 

Term	Definition
British Citizenship	Legal status held by individuals who are recognised as British under the British Nationality Act 1981, conferring rights such as the right of abode and eligibility for a British passport.
Settled Status	Immigration status granted to individuals with a permanent right to reside in the UK, including Indefinite Leave to Remain (ILR), Indefinite Leave to Enter (ILE), or EU Settlement Scheme settled status.
Indefinite Leave to Remain (ILR)	A form of settled status allowing an individual to live and work in the UK without time restrictions.
Indefinite Leave to Enter (ILE)	Similar to ILR, but granted to individuals applying for permanent residence from outside the UK.
Registration	The process by which certain individuals, including children born in the UK, may become British citizens through an application to the Home Office.
Automatic Acquisition	When a child becomes a British citizen at birth without needing to apply, typically due to the British citizenship or settled status of a parent.
Discretionary Registration	A process under section 3(1) of the British Nationality Act 1981 allowing the Home Secretary to grant British citizenship to children under 18, even if they do not meet other specific criteria.
Statelessness	The condition of not being recognised as a citizen or national by any country under its laws.
Immigration Health Surcharge (IHS)	A fee paid by migrants as part of certain visa applications to access the National Health Service (NHS) during their stay in the UK.
Home Office	The UK government department responsible for immigration, security, and law and order, including decisions on nationality and citizenship.
Form MN1	The Home Office application form used to register a child as a British citizen under several provisions, including where a parent becomes settled after the child’s birth.
Form T	The application form used to register a child who was born in the UK and has lived in the UK for the first 10 years of their life.
Form S3	The application form used to register a stateless child born in the UK under paragraph 3 of Schedule 2 to the British Nationality Act 1981.
Private Life Route	A route under UK immigration rules that may allow individuals (including parents) to apply for permission to remain in the UK based on long residence or connections, such as caring for a British or long-resident child.