British Citizenship by Birth

As an Australian, you may be entitled to British citizenship by birth, depending on your parents’ immigration history.

Contact Total Law to learn more about the criteria needed to secure British citizenship by birth at +44 (0)333 305 9375 or use our live chat online.

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    Overview of British Citizenship by Birth Requirements

    Whether you qualify for British citizenship by birth depends on several factors, including the immigration status of your parents, when you were born, where you were born and your location for the first decade of your life.

    It can be challenging to establish if you qualify to obtain British citizenship by birth, so you may wish to seek the advice of an immigration expert to ensure you are applying via the correct route.

    In some cases, Australians who do not qualify for British citizenship by birth may be eligible via other routes, such as descent.

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    British Citizenship By Birth Eligibility Criteria

    To assess whether you are entitled to British citizenship by birth, you need to identify the circumstances that match your situation and assess the criteria required:

    Born in the UK

    If you were born in the UK, you might be entitled to British citizenship, especially if you lived in the UK until you were at least ten years of age and your parents were British citizens or had settled status.

    Your parents had settled status if any of the following applied at the time of your birth:

    • Had Indefinite Leave to Remain (ILR) in the UK
    • Had settled status under the EU Settlement Scheme
    • Had permanent residence status in the UK
    • Had the right of abode in the UK

    Even if you were not automatically registered as a British citizen at birth but met the criteria, you can still apply for British citizenship on this basis.

    There is also some variation to the criteria depending on the exact year you were born due to changes in UK immigration laws.

    If you were born between 31st December 1982 and 1st July 2006, you will automatically be a British citizen by birth if:

    • Your mother had British citizenship or had settled in the UK
    • Your father was married to your mother and had British citizenship or had settled in the UK

    However, if this does not apply, you can still register for British citizenship if:

    • Your parents neither had British citizenship nor had settled in the UK, but you lived in the UK for the first ten years of your life and did not spend more than 90 days out of the UK in each of those individual ten years
    • Your father was not married to your mother but either had British citizenship or had settled in the UK, and you lived in the UK for the first ten years of your life and did not spend more than 90 days out of the UK in each of those individual ten years.

    If you were born on 1st July 2006 or later, you are automatically a British citizen by birth if either of your parents had British citizenship or had settled in the UK at the time of your birth.

    Born outside the UK

    If you were born outside the UK, for instance, in Australia, you may be able to gain British citizenship by descent if the following applies:

    • You were born on or after 30th April 2006 and had at least one British parent at the time of your birth
    • You were born between 1st January 1983 and 30th June 2006 and had at least one British parent at the time of your birth. However, if your father had British citizenship and your mother did not, your parents must have been married at the time of your birth for this rule to apply
    • You were born before 1st January 1983 to a father who was a citizen of the UK of colonies when you were born and who was married to your mother

    Requirements & Documents For British Citizenship By Birth Application

    You can make an application for British citizenship by applying online or via the post. You are required to make an appointment with a local Visa Centre, embassy or consulate in Australia to provide your biometric information.

    A key part of the application process is submitting the correct documents to provide evidence of your entitlement to British citizenship by birth.

    The required paperwork will vary depending on your individual circumstances, but you are likely to need to provide the following:

    • Completed application form
    • Birth certificate
    • Evidence of the immigration status of your parent(s) at the time of your birth
    • Proof you spent the first decade of your life in the UK (if required). This can be in the form of school or health records
    • Passport and any previous passports
    • Two referees – one should be from a professional person (e.g. civil servant, minister of religion, member of a professional body) of any nationality, and the other should be a British citizen with a British passport who is either a professional person or over 25 years of age. Both referees should have known you for at least three years,not be related to either you or the other referee, and not be either your legal representative or employed by the Home Office
    • Evidence of your good character

    If your application for British citizenship is approved and you are over 18, you must attend a citizenship ceremony within 90 days of receiving your citizenship decision.

    For expert assistance with obtaining your British citizenship by birth, reach out to our immigration lawyers today. Contact Us

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      British Citizenship by Birth Application Fees

      The cost of applying for British citizenship by birth is £1,431. In addition, you should factor in other fees, including document translation if required and the cost of attending the citizenship ceremony.

      It is possible to apply for a fee waiver if the applicant is under 18 at the time of application.

      Application Processing Time For British Citizenship By Birth

      It usually takes six months for a British citizenship application to be processed. It is important to ensure you submit a complete and accurate application; otherwise, it could lead to lengthy delays or even refusal if you fail to include essential documentation.

      British passport

      Obtaining The British Passport: The Process

      You can obtain a British passport once you have successfully applied for British citizenship.

      There are many benefits to having a British passport, including being able to travel without a visa to several countries and being able to travel in and out of the UK.

      It is possible to apply online or via the post for a British passport, and you can expect your application to be processed in around three weeks. However, this can increase in periods of high demand, especially in summer. There may also be further delays if you must attend an interview or provide additional information.

      An adult British passport is valid for ten years and costs £82.50 when applying online.

      How Can Total Law Help?

      With our expert knowledge of the UK immigration processes, we can help you apply for British citizenship by birth from Australia.

      In addition, as both the UK and Australia allow dual citizenship, you can begin your application without worrying about relinquishing your Australian nationality.

      We can also help you if you do not qualify for British citizenship by birth and provide alternative options to secure a British passport.

      To learn more about our services, contact Total Law today at +44 (0)333 305 9375 or use our live chat online.

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                Frequently Asked Questions

                The right to citizenship for your child depends on your immigration status at the time of the birth. You should reach out to an immigration expert for further advice.

                A child born in the UK to non-British parents may still qualify for British citizenship, but it depends on their immigration status and whether they are settled in the UK at the child’s birth.