UK Citizenship by Birth (Birthright Citizenship)

Unlike in the US, children born in the UK do not automatically acquire British citizenship. Their citizenship status depends on their parents’ immigration status at the time of their birth.

A child born in the UK only automatically receives British nationality if at least one parent was a British citizen or had indefinite leave to remain in the UK on the day they were born.

Children born outside the UK to one or more British parents can claim British citizenship by birth/descent. However, they must register their citizenship status. Registering their citizenship status gives them access to their full rights as UK nationals, including the right to hold a British passport.

Page Contents

• What is Birthright Citizenship in the UK?
• Citizenship “Otherwise By Descent” Vs Citizenship by Descent
• Claiming British Citizenship If You Were Born in the UK
• British Citizenship for Children Born Outside the UK
• British Citizenship for Adopted Children of British Nationals
• Meeting the Good Character Requirement for UK Citizenship
• How to Apply for British Citizenship by Birth?
• Do I Need to Attend a British Citizenship Ceremony?
• Cost of Application to Register British Citizenship
• Applying for a First British Passport
• Documents Required For British Passport Application
• How Total Law Can Help
• Frequently Asked Questions

The British Nationality Act 1981 introduced 2 types of UK birthright citizenship: citizenship otherwise by descent and citizenship by descent

Citizenship otherwise by descent applies to those:

• Born in the UK before 1983
• Born in the UK to a British citizen or a settled person after 1983
• Who naturalized or registered as British citizens

Individuals with British citizenship otherwise by descent can pass down their British nationality to children born abroad.

Citizenship by descent applies to those born outside of the UK to British citizen parents who have been continuously resident abroad. Individuals who acquire British citizenship by descent can generally not automatically pass down their British nationality to their children born outside the UK. However, children born to “by descent’ parents may acquire British nationality in specific circumstances.

Children adopted on or after 1st January 1983 automatically receive British citizenship if at least one of their adopted parents is a British national. However, children adopted abroad before 2003 do not automatically qualify for a UK passport. You must first apply to register your adoptive child’s British citizenship.

The same rule applies to children who are subject to a parental order in a UK court. They are automatically granted British citizenship if the person making the order is a British citizen.

British citizenship obtained through adoption or a parental order is permanent and will not be lost even if the adoption or parental order later ceases to be effective.

Adopted children of non-British nationals resident in the UK can also qualify to register for British citizenship if at least one of their adoptive parents is habitually resident in the UK.

The British Nationality Act 1981 requires that all persons seeking to acquire British citizenship must be of good character. The rule applies even to children 10 years and over.

This means your child must observe UK laws and respect the rights and freedoms of its citizens. To meet the good character requirement, your child must:

• Not have been involved in or convicted of any crimes, including terrorism, war crimes, or any activities against the public good.
• Not have violated UK immigration laws, such as overstaying a visa.
• Not have practised deception in any dealings with the Home Office or other government office, such as submitting falsified or fraudulent documents.

The Home Office will consider your child’s age and the general circumstances when assessing their good character requirement.

Children born in the UK to British or settled parents do not have to apply for British citizenship as they are British citizens automatically.

A child born to foreign nationals in the UK can apply to register for British citizenship once at least one of their parents obtains British citizenship or indefinite leave to remain in the UK, or if they’ve lived in the UK for the first 10 years of their life.

Children born to UK nationals abroad automatically receive British citizenship by descent and do not have to apply to register for British citizenship. They can apply for a British passport directly.

Minors cannot submit citizenship applications on their own. Hence, you have to apply for your child’s British citizenship by registration on their behalf.

To register your child’s citizenship, you must complete a Form MN1 on the Home Office’s website.

You’ll be required to schedule an appointment with the UK Visa and Citizenship Application Service (UKVCAS) to submit your biometric data (photo and fingerprints).

You can upload your supporting documents with your online application or have them scanned during your UKVCAS appointment.

British citizenship registrations are usually processed within 6 months. The Home Office will contact you if they need additional evidence to evaluate your application. You may also be required to attend an interview.

You can apply for a UK passport once your citizenship application is successful.

Minor children in the UK who are not automatically British obtain British citizenship through registration (not naturalization) and are therefore not required to attend a citizenship ceremony. However, you’ll have to attend a citizenship ceremony and pay the £130 citizenship ceremony fee if you turn 18 during the application process.

British citizenship registration for minors under 18 years costs £1,000. However, if you turn 18 during the application process, you’ll pay an additional £130 for your citizenship ceremony.

If you’re over 18 years old, British citizenship registration costs £1,540

You can apply for your child’s first British passport immediately after successfully registering their British citizenship. You can either apply online or by post if you’re in the UK. If you’re in the US, you can still apply for your child’s UK passport online.

An online child’s passport application costs £61.50. You’ll need to complete the online application form, upload your child’s photograph and other supporting documents, and pay the application fee.

After submitting the application and paying the fee, you’ll need someone who can confirm your child’s identity. The person must be a British national who works in a recognized profession and has known you for at least 2 years. You should inform the person that the HM Passport Office will contact them to confirm your child’s identity. The confirmation will be done online.

If you’re applying by post, a British child’s passport costs £74. Your child must also sign the form if they’re 12 or older. You’ll also need someone (a British citizen) to complete section 10 of the form and certify your child’s identity.

You can apply for an adult passport instead if you’re 16 years old or will be turning 16 in 3 weeks. An adult British passport costs £94.50 and is usually valid for 10 years. If you do not want a UK passport, you can apply for a certificate of entitlement instead.

You must provide supporting documents to prove your child’s British nationality and eligibility for a British passport. You’d usually need to submit:

• The child’s full birth or adoption certificate. If the name on the birth certificate does not match the name on the passport application, you must also submit a letter from both parents confirming the name change and consenting to the passport application, a deed poll, and evidence of the name being used in an official record.
• Proof of your child’s British nationality. This could be a British registration certificate, a parent’s passport details, or a parent’s birth certificate.
• The child’s other passports, if they hold other nationalities.

You must submit original documents or official copies of certificates. The Passport Office does not accept photocopies, certified copies, or laminated documents. You must also provide certified translations of documents in languages other than English or Welsh.