© 2021 Sterling Immigration Ltd. All Rights Reserved. As of 13 January 2010, the child must be under the age of 18, and, The child’s parent has the weak form of nationality (‘by descent’) but their grandparent has the strong form of nationality (‘otherwise than by descent’), and. If you were born outside the UK on or after 13 January 2010, and at the time of your birth your mother or father was a member of the armed forces serving outside the UK, you may apply for British citizenship. British Nationality II & 12 GEO.6. British citizenship by birth. Cg. If you or your parents were born in the UK, you might automatically be a British citizen. Birthright Citizenship Based on Status of Parent (s) and/or Length of Residency: British overseas territories citizenship, or in some instances British citizenship, granted to children born in Anguilla if, at the time of birth, either parent is a British overseas territories … Consequently, children can receive British citizenship by birth only based on specific circumstances. A child born in the UK is not automatically granted citizenship. The most common types of British citizenship application are those made by children. Part I U.K. British Citizenship Acquisition after commencement U.K. 1 Acquisition by birth or adoption. Expertise in this complex area of law is essential for a successful British Citizenship application. If you or your parents were born in the UK, you might automatically be a British citizen. You may also be entitled to be registered as a British citizen if you have previously renounced British citizenship, you are of full capacity, and your renunciation of British citizenship was necessary to enable you to acquire or retain some other citizenship or nationality. United Kingdom - Passport & Nationality - British Citizenship by Birth (EEA National Parent) Passport by Birth after 01.01.1983 but before 02.10.2000 in the United Kingdom (including Northern Ireland) to an EU National parent who was ordinarily resident in the UK at the time of your birth, entitles the candidate to British nationality. the adoption is authorised by order of a court in the United Kingdom on or after 1 January 1983 or, on or after 21 May 2002, by an order of a court in a qualifying territory: and, the adopter or, in the case of a joint adoption, one of the adopters is a British citizen on the date of the adoption order, it is a Convention adoption under the 1993 Hague Convention on Intercountry Adoptions; and, the adoption is effected on or after 1 June 2003; and, the adopter or, in the case of a joint adoption, one of the adopters is a British citizen on the date of the Convention adoption; and. In fact, many of the categories of registration are time limited: the entitlement to apply ends on the child’s 18th birthday. An “illegitimate” child of an unmarried British father would not acquire British citizenship unless the child could do so via the mother. They were born in the UK on or after 1 January 1983, and, They were not automatically a British citizen by birth, and, They are aged over 10 at the date of the application, and, They have lived in the United Kingdom for the first 10 years of their life; and. Don’t include personal or financial information like your National Insurance number or credit card details. Your precise circumstances are different to those of every other person and vary according to your date or birth, whether you are claiming British citizenship through your maternal or paternal line and the basis upon which your parents acquired their British citizenship. Born in the UK between 1 January 1983 and 1 July 2006 Anyone born in the UK during this period of time will be a British citizen if the child’s mother was a British citizen or present and settled in the UK. Not every child born in the UK is a British citizen. British citizenship may be proved by: 1. a British passport; or 2. if born in 1983 or later, a Certificate of Entitlement to Right of Abode stamped in a foreign passport; or 3. if born in 1983 or later, a British consular birth certificate; or 4. a nationality status letter issued by the Home Office. It often depends on the date of your birth and the status of your parents at the time of your birth. The British Citizenship by Birth eligibility of an applicant will depend on factors such as date of birth, parent’s nationality, country of birth and character requirements. However, from 1 July 2006, new legislation was made which allows a child to claim citizenship through their father, regardless of the parents’ marital status at the time of birth. A person born in the United Kingdom or a qualifying territory shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces. This means that he or she will, in turn, be able to transmit this status to future generations born either abroad or in the UK. One particularly relevant factor for children is whether their future can clearly be seen to lie in the UK. British nationality law is incredibly complex. Under British law, not all children born in the UK are automatically recognised as British citizens.. A child will automatically qualify as a British citizen where they were born in the UK on or after 1 January 1983 and at the time of their birth one of their parents was a British citizen or ‘settled’ in the UK. By birth in the UK on or after 1 January 1983 and at the time of your birth either your mother or your father was a British citizen or permanent resident in the UK. Birth in the UK does not always automatically result in British citizenship. PART II.-cont. This type of application is particularly common for adults who would have been born British had nationality law at the time of their birth not been discriminatory. The rules around automatic acquisition of British citizenship by birth depends on when the person in question was born, and the immigration status of that person’s parent/s. Under UK nationality rules, British citizens are classed as either having British citizenship by descent’ or ‘British citizenship otherwise than by descent’. Act, 1948. The most common route to British citizenship is through living legally in the UK for a certain period of time. Settled immigration status effectively means that the parent has indefinite leave to remain, right of abode, or permanent residence under EU law. A British citizen “otherwise than by descent” can have a child outside the UK and the child will be born British “by descent”. To have been born before 1 January 1983 and immediately before that date to have been a Citizen of the UK and Colonies with a right of abode in the United Kingdom. U.K. (1) A person born in the United Kingdom after commencement [F1, or in a qualifying territory on or after the appointed day,] shall be a British citizen if at the time of the birth his father or mother is— (a) a British citizen; or (b) settled in the United Kingdom [F2 or that territory]. Some adults can apply for British citizenship as well, however. A change in British nationality law means that thousands of South Africans, who were previously prevented from claiming British citizenship, are now able to. Hi all, I am a UK resident since November 2002, my son was born in the Uk in August 2007, my question is - is he entitled to British Citizenship? British citizenship by birth may appear to be a straightforward matter of a child born in the UK who automatically becomes a British national, however it is in fact much more complex than this and depends on both parent’s status and place of birth. British citizenship by naturalisation. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. If your children are already British, you are not required to make an application for Naturalisation or Registration under … British citizenship by naturalisation. the adopter or, in the case of a joint adoption, both adopters are habitually resident in the United Kingdom on the date of the Convention adoption. We also use cookies set by other sites to help us deliver content from their services. The change in the law affects all South Africans who have a mother who is British by descent. You can change your cookie settings at any time. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. Ordinarily, after six years of lawful residence in the UK, a foreign national will be eligible for British citizenship, provided they can … This means that it is possible for a child born in the UK to acquire British citizenship despite neither parent being British nor having settled status. • child’s full birth certificate showing birth in the UK, parents details and registration in the 12 month period following birth • evidence of parent’s British citizenship since the applicant’s birth, such as: o a British passport o a naturalisation certificate o a registration certificate If you were born in the UK before 1 July 2006, your parents were not married at the time of your birth and you would have become a British citizen in certain specific circumstances had your parents been married at the time of your birth, then an application for British Citizenship may be made. British nationality is also automatically acquired by persons adopted by a British national in a UK court. Before July 2006, claims to citizenship through British fathers were only possible where the parents were married at the time of the applicant’s birth. A passport is our key to out of the country and travels the world. The easiest route to British citizenship by birth is for those who were born before 1983. Those born after 1983 are not automatically granted British citizenship by birth if you are born in the UK. This old-fashioned and discriminatory approach finally came to a partial end as of 1 July 2006, though only for children born after that date. If you wish to learn more about your options to secure British Citizenship for your children or yourself, you can get in touch with Sterling Immigration’s team of expert UK immigration lawyers. Registration of citizens of countries mentioned in s. r (3) or of Eire and wives of citizens of the United Kingdom and Colonies. It will take only 2 minutes to fill in. The effect of this is that someone's date of birth can affect their claim to British citizenship, particularly where their parents were unmarried at the time of the child's birth. (a) a British citizen; or. The child’s parent has a residential link with the UK, in that they have lived here for a three-year period some time prior to the birth of the child and did not leave the UK for more than 270 days within that period. the last foregoing paragraph, the birth is registered at a United Kingdom consulate within one year of its occurrence, or, with the permission of the Secretary ); Absences from the UK during the five year period ending on the date of the application should not exceed 450 days; Born Before January 1 st 1983. Not every child born in the UK will automatically be able to claim British citizenship by birth. British citizenship by birth. You automatically become a British citizen by birth if you were born in the UK after 1 January 1983, providing that at least one of your parents was a national, person with settled status or member of the UK armed forces at the time of your birth. To naturalise as a British citizen, you must have lived in the UK … With British citizenship by descent, however, you can not normal… In addition, any child born in the UK on or after 13 January 2010 whose parent becomes a member of the armed forces will be entitled to apply for British citizenship while still a minor. Check if you’re a British citizen based on whether you were: If you’re not automatically a British citizen, you may still be able to apply to become a British citizen. 56. Citizens otherwise than by descent can normally pass on British citizenshipthrough one generation to children born abroad, although the child will be unable to transmit their citizenship to subsequent generations overseas. Birth after 02.10.2000, EU parent must be "settled" or become "settled" after the birth. British citizenship by birth cannot always be acquired through one of the parents’ status. This can be attained through birth, registration, naturalisation or adoption. Our UK immigration lawyers specialize in helping US & Canadian citizens apply for British Citizenship. For a British Citizen, you can go to 174 countries and territories without getting a visa.With Brexit, the UK withdrawing from the European Union, there will be changes in the passport, there’s no more “European Union” mark (started March 30, 2019) and it’s back to dark blue (October 2019). Our highly qualified legal team understand the value of British citizenship and are passionate about helping clients to secure it at the earliest opportunity with minimal expense. A child does not automatically become a British citizen when born in the UK if at least one of its parents aren’t British citizens. This application can be made at any time before the child turns 22 (! We use some essential cookies to make this website work. EU National must have been ordinarily resident and from "old" EU countries. Furthermore, UK immigration law no longer recognises every child born in the UK as a British national. If a child is born in the UK, to one/both British … 5. a Certificate of Registration issued by the Home Office (only if an application for British citizenship was required). Whether you are looking to apply for registration by entitlement or discretion, our immigration lawyers can guide you through the complexities of British nationality law. Whether or not you have an automatic right to British citizenship depends on you and your parents’ circumstances. Additionally, British nationality law and its strict definitions have evolved and varied over time. British Citizenship by Birth (1981-1-1c) EEA National Parent: Applicant born in UK (including Northern Ireland) after 01.01.1983 and before 02.10.2000 to an EU National. A child born in the UK who is stateless at birth and has always remained stateless is entitled to register as a British citizen after five years of residence (Schedule 2, paragraph 3.1 of the BNA). This means that it is possible for a child born in the UK to acquire British citizenship despite neither parent being British nor having settled status. Children born outside the country from UK nationals can acquire British citizenship.! Date of your parents were born before 1983 other sites to help us GOV.UK... The law affects all South Africans who have a mother who is born 1983. Parents at the time of his birth we hadn ’ t worry we ’! Rebuild their lives in the UK does not always be acquired through of! 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