If you’re a foreign national living in the UK and decide to have children while there, you may be wondering whether they will automatically acquire UK citizenship by birth.

The short answer is no. The UK government no longer recognises every child born in the UK as a British national, and it depends wholly on the parents’ immigration status. However, depending on your circumstances, you may be able to register your children as British citizens.

UK Birthright Citizenship

Only children of UK nationals and those with settled status are classed as British citizens by birth. Children of non-British nationals without settled status are not currently recognised as British citizens by the UK government, and parents need to apply to register them.

The rules are different for children of UK nationals who are born abroad. The 1981 British Nationality Act states that a person born outside the UK can be classed as a British citizen if either one of their parents was a UK national at the time of birth.

If both parents were born in the UK, the child automatically gets UK birthright citizenship regardless of where they are born. However, if both parents are British nationals but were born outside of the UK, the child must apply to be registered. Adopted children of British-born parents must also apply to be registered as British citizens.

How to Claim UK Citizenship by Birth

Only those over 18 are able to naturalise themselves as British citizens, and therefore, parents must apply to register their children on their behalf. Only children over the age of 13 qualify to naturalise (gain settled status) so long as they have lived in the UK for at least two years before their application to register is submitted. If you’re a non-British national, you can register your children as British citizens as soon as you acquire Indefinite Leave to Remain (settled status).

Most people living in the UK can register their children online via the Gov.UK website. However, if you live in the Channel Islands, on the Isle of Man, or in British Overseas Territory, you must apply by post using an alternative application form.

UK Citizenship Application Process for Children of Foreign Parents

To register your child as a British citizen, you must meet certain requirements in order for your application to be successful. Requirements can vary depending on individual circumstances; however there are general rules that all applicants must follow:

Good Character

All applicants over the age of ten years must prove that they are of ‘good character’. This means that the child follows and abides by UK law and respects the rights and freedoms of all UK citizens. All information given as evidence of good character is fact checked by the UK authorities and those found to be providing fraudulent information or found to be withholding relevant information face serious consequences. Offenders face deprivation (removal of citizenship) and could be prosecuted by law.

Criminality

As part of the application process, you must declare all criminal convictions given to the child, both in the UK and overseas.

This includes the following:

• Prison time
• Non-custodial sentences (such as suspended sentences)
• Out-of-court disposal convictions (such as fines, cautions, warnings, reprimands, community sentences, civil orders, civil penalties, civil judgements, hospital orders, and restriction orders)
• Fiscal fines
• Fixed penalty notices (such as traffic offences)
• Driving offences

It is worth noting that all criminal offences are cross-checked by the UK’s Home Office and those who fail to declare any criminal convictions risk prosecution under section 46 of the British Nationality Act 1981. If your child is awaiting trial or sentencing it is advised not to submit a citizenship application until the outcome is known.

You must also declare any event in which the child has been recorded by the police for reasons connected to sexual offences or if they are subject to any order.

For example, you must declare:

• Notification orders
• Sexual offences prevention orders
• Foreign travel order
• Risk of sexual harm order or the equivalent

You must declare whether or not the child has ever been involved with any sort of terrorist acts or crimes in the course of armed conflict. This includes war crimes, crimes against humanity and genocide. For full definitions of such crimes, you should refer to the International Criminal Court Act 2001

Financial Soundness

The Home Office may approach HM Revenues and Customs (HMRC) for details of the child’s tax and national insurance records. Therefore, you must ensure these are in order before you submit your application.

You must also declare if the child has ever been or is currently classed as bankrupt. Any undischarged bankruptcy is likely to lead to an unsuccessful application and therefore you should wait until it has been discharged before applying.

Referees

When applying for UK citizenship by birth, you need 2 referees to endorse your application. One of the referees must be classed as a ‘professional person’. This means somebody who has a professional career such as a civil servant or a member of a professional body. The other needs to be a British passport holder over the ages of 25. Both referees must have known you personally for at least 3 years and must not be:

• Related to you or the other referee
• A solicitor or agent representing your application
• Employed by the Home Office

The Home Office may complete background checks on the nominated referees and any false information given would be punishable under the British Nationality Act 1981.

Once you are sure you meet all requirements and have gathered all relevant documents to support your application, you can submit it online. You should receive a decision and statement letter within 6 months of your application.

Benefits of UK Citizenship for Children born to Foreign Nationals

There are some benefits to registering your child for UK citizenship by birth. For example, you will be able to apply for a British passport and they will be able to access certain government facilities such as the National Health Service.

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