UK Citizenship by Birth For Canadians
It is not an automatic right for a child born in the UK to be granted British citizenship. A Canadian citizen born with at least one British national or UK-settled parent may still be required to apply for British Citizenship by birth.
Get in touch with the experienced team Total Law on +1 844 290 6312 for advice on all immigration and British citizenship applications.
British Citizenship by Birth: Eligibility Criteria for Canadians
Generally, a person may automatically be granted British citizenship if they are born in the UK and have a parent with British citizenship. However, their eligibility depends on their parents’ exact situation and when they were born.
Canadian children, who were born in the UK on or after 1 January 1983, would automatically not be granted UK citizenship if neither of their parents had British settled status when they were born.
In some cases, it is possible for a British citizen to pass on British nationality to their child who was born outside of the UK. This is referred to as obtaining British citizenship by descent rather than by birth. A child born in Canada with at least one British parent may either automatically become a British citizen or be eligible to apply to register as a citizen in the UK via the citizenship by descent option.
Other circumstances, including adoption, could also allow an applicant to qualify for UK citizenship. You are recommended to reach out to an immigration expert for tailored advice specific to your situation.
Page Contents
- British Citizenship by Birth Eligibility Criteria
- Requirements of the British Citizenship by Birth Application
- Documents For British Citizenship By Birth Application
- Application Fees of UK Citizenship By Birth for Canadians
- British Citizenship By Birth Application Process Step By Step
- Application Processing Time of British Citizenship by Birth
- Obtaining The British Passport: The Process
- Total Law’s Team Can Help You Obtain British Citizenship
- FAQs
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How to Fulfil the Requirements of the UK Citizenship by Birth Application as a Canadian
The exact nature of whether a Canadian meets the UK citizenship requirements depends on where and when they were born, and their parents’ immigration situation at the time of their birth.
If You Were Born in the UK
A Canadian citizen born in the UK to non-British parents before 1 January 1983 would be a British citizen automatically unless their father:
- Was a diplomat working for a foreign country at the time of their birth, or
- Was ‘an enemy alien in occupation’ and the concerned child was born in the Channel Islands during World War II
A Canadian born in a British colony before 1 January 1983 would be a British citizen if they were a Citizen of the UK and Colonies (CUKC) on 31 December 1982 and had the ‘right of abode’ in the UK. However, they might not automatically be a British citizen if they had a certificate to confirm that they were registered as a (CUKC) under the ‘British Nationality (No 2) Act 1964.
If you were born in the UK on or after 1 January 1983 to Canadian parents, you may still become a British citizen if at least one of your parents was living in the UK when you were born and had Indefinite Leave to Remain (ILR), permission under the EU Settlement Scheme, right of abode, or right of re-admission.
It does not matter even if you were not automatically registered as a UK citizen at birth. You may be permitted to apply at a later date.
You may also apply to ‘register’ as a British citizen if you were born in the UK on or after 1 January 1983, if:
- You are under 18
- At least one of your parents became a British citizen, or got permission to stay in the UK permanently, since you were born
- You lived in the UK until you were 10 or older
If You Were Born Abroad Before 1983
If you were born outside the UK, including Canada, before 1 January 1983, you may be entitled to British citizenship if the following is true:
- You may automatically be a British citizen if your father was a British citizen at the time of your birth, was married to your mother and was able to pass on his citizenship to you
- You may be eligible to apply for citizenship in the UK provided you have a British father but your parents were not married at the time of your birth, you have a British mother but not a British father, or at least one of your parents was a citizen of the UK and Colonies when you were born and they were able to pass on their citizenship to you
If You Were Born Abroad Between 1983 and June 2006
You may automatically become a British citizen if either of your parents was a British national at the time of your birth, they were married when you were born (in case your father was a British citizen but your mother was not), and your British parent is eligible to pass on their citizenship to you.
You may be able to apply for UK citizenship if your British father was not married to your mother at the time of your birth, but he is eligible to pass on his citizenship to you.
If You Were Born Abroad on or After 1 July 2006
Canadians born outside the UK on or after 1 July 2006 may automatically become British citizens if either of their parents was a British citizen when they were born and was eligible to pass on their citizenship to their children.
Alternatively, you may be able to apply for British citizenship if you:
- Have lived with your parents in the UK (only in limited circumstances)
- Have a British parent who lived in the UK before you were born (additional conditions apply)
- Were adopted by a British citizen outside the UK
- Have a father who is a British citizen or someone with settled status in the UK, but your mother was married to someone else when you were born
Documents Canadians May Need for UK Citizenship by Birth Application
Submitting the correct supporting documentation is an important part of applying for British citizenship by birth. Failure to provide the requested paperwork could lead to your application being rejected.
You may be asked to provide the following so the UK Home Office can assess your case:
- Completed application form
- Birth certificate
- Documents showing the immigration status of your parent(s) at the time of your birth
- Evidence you spent at least ten years in the UK (if applicable). For example, this could be doctor or school records
- Passport and any other travel documents
- 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 and a British passport holder 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 good character and understanding of life in the UK
Application Fees of UK Citizenship By Birth for Canadians
The application fee for UK citizenship by Birth for Canadians must be paid at the time of application and is £1,000 for child applicants under 18.
If the applicant is over 18, they must pay a £1,540 citizenship application fee (including the citizenship ceremony cost).
In some cases, if the applicant is under 18, it is possible to apply for a fee waiver. You should contact Total Law for more information on the circumstances in which the fee is removed.
UK Citizenship by Birth Application Process: Step-by-Step for Canadian Nationals
If you qualify to automatically become a British citizen, you will only have to apply for a British passport. However, if you are required to apply to become a British citizen instead, you will have to fill in your relevant online application form (depending on when you were born) on the Home Office website.
If you are applying as an under-18-year-old or on behalf of someone under 18, you must complete the MN1 British Citizenship form on the UK GOV website. For those who were born in the UK on or after 1 January 1983 and lived in the country until they were 10 years old, the T form must be completed and submitted instead.
It is possible to apply via post, but you should expect the process to take significantly longer than applying online.
You must submit supporting documents and pay the application fee as part of the application process. You may also need to book an appointment at a local UK Visa Application Centre to submit additional paperwork and biometric information. Sometimes, you may be invited to an interview to answer questions about your application.
Responding promptly to the Home Office’s requests for extra details is important to avoid lengthy delays or even refusal.
If your application is successful and you are over 18, you will need to attend a citizenship ceremony where you will receive official confirmation of your British citizenship.
Processing Time for British Citizenship by Birth Application
In most cases, the Home Office will process your application in around 6 months. However, this timeframe can vary significantly depending on your personal circumstances.
Unlike many UK visas, it is not possible to pay for priority or fast-track processing of a British citizenship application.
Obtaining the British Passport from Canada: The Process
Once you have been granted British citizenship, you can apply for a British passport that will enable you to travel as a British citizen.
To apply for British passport child under 16, an adult must apply for a British passport on their behalf. This can be done via the UK government website or by post (for an additional fee).
The costs for a British passport are as follows:
- Child passport – £66.50 online and £80 via post
- Adult passport – £102 online and £115.50 via post
You are required to provide various paperwork when making a British passport application, including:
- A passport-size photo
- Full birth or adoption certificate showing parents’ details
- The applicant’s Canadian passport (if applicable)
- Evidence of at least one parent’s British nationality (such as a UK birth or adoption or current passport)
- Proof of identity from a suitable referee.
How We Can Help Canadians Obtaining UK Citizenship
Obtaining UK citizenship allows holders to live, work and study in the UK without facing any immigration restrictions. It also offers entitlement to a British passport, which can make travelling to a number of countries easier and often reduces the need for certain visas.
However, applying for British citizenship can be challenging for Canadians, especially as the application process can be daunting, with a strong need to provide the correct evidence to support a citizenship claim.
If you are overwhelmed with making a British citizenship application, and require assistance to complete your application, the Total Law legal team is here to help.
Speak today to one of our experienced immigration lawyers at +1 844 290 6312 or use our online chat.
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Related pages for your continued reading.
FAQs
No, the UK does not grant unconditional birthright citizenship (as based on ‘jus soli’ or the right of soil) since 1 January 1983. Earlier, any child born on the UK soil automatically became a British national regardless of their parents’ nationality.
However, per the British Nationality Act 1981 (which came into effect from 1 January 1983 onwards), the UK stopped automatic birthright citizenship.
Yes. Since the UK and Canada both allow their citizens to have dual citizenship, you can retain your Canadian nationality after becoming a British citizen.
A child adopted in the UK by British citizen parents automatically becomes a British citizen if the adoption is recognised under UK law. The child’s citizenship status is granted from the date of the adoption order.
Yes, special provisions exist for children born to members of the British Armed Forces. If a child is born abroad to a parent who is a British citizen serving in the British Armed Forces, the child may be eligible to register as a British citizen, depending on specific circumstances and residency requirements.
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