Child Born in UK to Non-British Parents: Legal Guide

A child born in the UK to non-British parents does not automatically attain British Citizenship.

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 (ILR), indefinite leave to enter (ILE) 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 is generally entitled to access healthcare through the National Health Service (NHS). This is particularly applicable if the parents have paid the Immigration Health Surcharge as part of their visa conditions. Regardless of their immigration status, children in the UK are entitled to attend school and receive free education up to the age of 18.

 

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 attain 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.

 

British citizenship automatically attained at brith

 

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.

 

Registering your child as British

 

A child can register to become a British Citizen if they were born in the UK on or after 1 January 1943 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. 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 provision for registration of a child

 

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
• they (the Home Office) think 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 Section 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. The point was considered by the High Court in the case of The Queen on the application of MK and The Secretary for the Home Department on 28 February 2017, EWHC 1365 (Admin) (“MK case”).

In MK, the Indian parents of an applicant born in the UK were in the UK as overstayers, challenged the Home Office’s decision to refuse the registration of their child as a British citizen. The child in question had lived in the UK for more than 5 years but had never travelled to India.

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 issue before the court was whether the applicant was ‘stateless’ – this required consideration of whether he was an Indian citizen. Indian law requires a child born outside of the UK after 3 December 2004 to be registered, if one parent is Indian and the child has not travelled to India.

The question is not answered by the possibility that the law of a country allows it, but the process for which the individual must go through to acquire it.

The Home Secretary requires an individual to establish their claim – the fact that nationality has far reaching benefits or consequences – to a relatively high standard, but not one which becomes impossible for the individual to fulfil.

In the MK, the Home Secretary required ‘confirmation from the Indian authorities….. that C’s birth has not been registered in accordance with Indian law and that she is not a national of India’.

The court considered whether an affidavit from the parent was enough or a letter from a consulate and concluded in the absence of any criteria it possibly was. It was then left for the Home Office assuming the application was granted, to check whether this had been obtained by fraud at any time.

The case means it may be possible to register as a British if an individual was born in the UK, is under the age of 22 and is stateless.

To register a child as a British citizen if they are stateless, the following must apply:

 

• The child was born on or after 1 January 1983; and
• the child was born in the UK; and
• the child is stateless and has always been stateless; and
• the child is under the age of 22 on the date of the application; and
• the child has lived in the UK for 5 years before making the application; and
• the child has not been absent from the UK for more than 450 days.

 

You will need to complete Form S3 for UK-born stateless person or apply online.

 

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.