UK Citizenship by Birth (Birthright Citizenship)

Unlike the United States, the UK does not grant unrestricted birthright citizenship to every child born in its territory. For people born in the UK on or after 1 January 1983, a child’s British citizenship status at birth depends on the citizenship or immigration status of at least one parent

A child born in the UK is automatically a British citizen if, on the date of birth, at least one parent was a British citizen or was settled in the UK. A settled parent may hold indefinite leave to remain, indefinite leave to enter or settled status under the EU Settlement Scheme

The rules differ for people born in the UK before 1 January 1983. Subject to limited exceptions, they became British citizens automatically at birth

A child born outside the UK to a British citizen may also acquire British citizenship automatically. The outcome can depend on the British parents’ citizenship status, the child’s date and place of birth, and the law in force at that time.

Some people who are not British automatically may be eligible to register as British citizens

British citizenship gives a person the right to apply for a British passport, live in the UK without immigration permission, and vote in UK elections when they meet the relevant electoral-registration requirements

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 distinguishes between British citizenship otherwise than by descent and British citizenship by descent. The distinction can affect whether a British citizen can pass their citizenship automatically to a child born outside the UK

A person is a British citizen otherwise than by descent when they obtained citizenship in their own right. This category can include a person who was born in the UK, became a British citizen through naturalisation or registered under a route that grants citizenship otherwise than by descent

A person born in the UK before 1 January 1983 became a British citizen otherwise than by descent in most cases. A person born in the UK on or after 1 January 1983 is a British citizen otherwise than by descent if, at the time of their birth, at least one parent was a British citizen or settled in the UK

British citizens otherwise than by descent can normally pass British citizenship automatically to children born outside the UK. Those children will often become British citizens by descent

British citizenship by descent can apply to a person born outside the UK to a British citizen parent. Whether citizenship is acquired automatically depends on the parent’s nationality status, the child’s date and place of birth, and the nationality law in force at that time

A British citizen by descent cannot normally pass British citizenship automatically to a child born outside the UK. In some cases, the child may be eligible to register as a British citizen under a route in the British Nationality Act 1981

A child adopted by a British citizen may acquire British citizenship automatically or may be eligible to apply for registration as a British citizen.

The outcome depends on where and when the adoption was completed, whether it is recognised in UK law and the adoptive parent’s citizenship status

Adoption Ordered by a UK Court

A child under 18 who is adopted by an order of a UK court on or after 1 January 1983 becomes a British citizen on the date of the adoption order if at least one adopter is a British citizen at that time

A child who acquired British citizenship through a qualifying UK adoption may apply for a British passport as evidence of their citizenship status

Adoption Completed Outside the UK

A child adopted outside the UK may acquire British citizenship automatically if the adoption meets the requirements for a Hague Convention adoption

The child may become a British citizen automatically if:

• The adoption was completed under the 1993 Hague Convention on Intercountry Adoption
• The adoption was effected on or after 1 June 2003
• At least one adopter was a British citizen when the adoption was effected
• The British adopter was habitually resident in the UK, or both adopters were habitually resident in the UK in a joint adoption

An overseas adoption that does not meet these conditions will not automatically confer British citizenship on the child. The child may be eligible to apply for registration as a British citizen under section 3(1) of the British Nationality Act 1981

British Citizenship Through a Parental Order

A child may become a British citizen through a qualifying parental order made by a UK court on or after 6 April 2010

At least one person in whose favour the parental order is made must be a British citizen on the date of the order. The child becomes a British citizen from that date

British citizenship acquired through a qualifying adoption or parental order is not lost only because the adoption or parental order later ceases to have effect.

Registration for an Adopted Child

Where an adopted child did not acquire British citizenship automatically, an application for registration as a British citizen may be possible.

The Home Office will consider the child’s best interests, whether the adoption is recognised in UK law, the adoptive parent’s British citizenship, the child’s immigration status and the child’s connection to the UK

Registration under this route is discretionary. It is not guaranteed merely because an adoptive parent is habitually resident in the UK

The good-character requirement applies to most applications to register as a British citizen and to applications for naturalisation. It applies to applicants who are aged 10 or over on the date of application

The requirement does not apply where a child acquired British citizenship automatically at birth. A child who is already British may instead need to apply for a British passport or obtain other evidence of their citizenship status

When assessing a child’s application, the Home Office considers whether the child is of good character on the balance of probabilities.

Caseworkers must take into account mitigation relevant to the child’s individual circumstances

The Home Office may consider whether the child has:

• Been convicted of an offence, received a caution or been involved in criminal conduct
• Been involved in terrorism, war crimes, crimes against humanity, genocide or conduct not conducive to the public good
• Deliberately provided false information or documents to the UK government
• Breached immigration laws, such as by overstaying or working in breach of immigration conditions
• Failed to meet financial obligations or engaged in other conduct relevant to their character

An immigration breach that was outside a child’s control should not normally count against them. For example, this may apply where a parent failed to renew the child’s immigration permission.

Whether you need to apply depends on whether you acquired British citizenship automatically at birth. If you are already a British citizen, you do not need to register as a British citizen before applying for a British passport

You Were Born in the UK to a British or Settled Parent

A child born in the UK to a British citizen or a parent settled in the UK is automatically a British citizen if that parent held the relevant status on the date of the child’s birth

In this situation, no citizenship application is required. You may be able to apply directly for a first British passport using evidence of the child’s birth and the parent’s British citizenship or settled status

You Were Born in the UK to Parents Who Were Not British or Settled

A child born in the UK who was not a British citizen at birth may be entitled to register as a British citizen if, while the child is under 18, either parent becomes a British citizen or is settled in the UK

A person born in the UK on or after 1 January 1983 may also be entitled to register after living in the UK for the first 10 years of their life.

They must be aged 10 or over, have spent no more than 90 days outside the UK in each of those years and meet the good-character requirement

You Were Born Outside the UK to a British Parent

A child born outside the UK to a British citizen may acquire British citizenship automatically. The result depends on the parent’s citizenship category, the child’s date and place of birth and the law in force at the time

If the child is already a British citizen, they can apply for a British passport without registering as a British citizen. If the child did not acquire citizenship automatically, they may be eligible to apply for registration under a relevant route in the British Nationality Act 1981

Applying to Register a Child

A parent, guardian or another person with parental responsibility can apply to register a child under 18 as a British citizen. The application route and form depend on the child’s circumstances and where they are applying from

For most relevant applications made in the UK, the applicant completes Form MN1 online. Supporting documents can be uploaded online or scanned at a UK Visa and Citizenship Application Services appointment

Children may need to provide biometric information. Children aged under 5 do not provide fingerprints. Applicants outside the UK follow the process set by the relevant British embassy, consulate or visa application centre

Decision and Passport Application

The Home Office aims to decide child registration applications within six months, although some take longer. It may ask for further evidence or invite an applicant to attend an interview before making a decision

Once a child has been registered as a British citizen, they can apply for a British passport.

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

A child can apply for a first British passport after being registered as a British citizen. A child who acquired British citizenship automatically at birth may apply for a passport without making a citizenship-registration application

For a standard 34-page child passport application made in the UK, the fee is:

A child under 16 needs a child passport. Applications can be made online or by paper form in the UK. Parents applying from outside the UK, including the US, must use the HM Passport Office overseas passport service. The fee, document submission method, and courier charges may differ from the UK process.

You must provide your child’s photograph, supporting documents and the relevant passport fee. The passport application will confirm whether an identity confirmer is required.

Where an identity confirmation is required, the person must meet HM Passport Office’s criteria and must have known the parent or guardian making the application for at least two years. They should follow the instructions provided through the application process.

For a paper passport application, a child aged 12 or over must sign the form. Follow the form instructions on who can act as a counter-signatory and how they must confirm the child’s identity

Applying for an Adult Passport

You can apply for an adult passport if you are aged 16 or over, or if you will turn 16 within three weeks. A standard adult passport is valid for 10 years

A certificate of entitlement is not an alternative document for every British citizen who does not want a passport.

It is evidence of a person’s right of abode in the UK and may be relevant where the person does not hold a qualifying British passport. The fee is £589.

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.