Where a child is born in the UK to at least one British or settled parent, the child is automatically British. This applies for children born on or after 1 July 2006. ‘Settled’ means that the parent is in the UK legally and has no time restriction on their stay in the UK. For this to apply, the parent has to be settled at the time of the birth.
Before 1 July 2006, a child was automatically British if they were born to a British or settled mother. However, citizenship could only be passed down from a British or settled father if the child’s parents were married at the time of birth or married later.
However, thanks to a change in the law which came into force on 6 April 2015, a child born before 1 July 2006 to a British or settled father who was not married to the mother can apply to register as British by entitlement. There is no fee for this.
Children cannot apply to ‘naturalise’ , but instead must apply to register as British citizens. Adults can sometimes register too. There are two types of registration: entitlement and discretionary. All registrations are subject to a ‘good character’ assessment. The fee to apply for a child’s registration is £936, and there is no fee waiver or fee exemption for children in the care of a local authority.
To register by entitlement, the child must meet one of the following requirements:
- a child born in the UK whose parent or parents become British or settled (must be applied for before the child turns 18)
- a child born in the UK who has lived in the UK continuously until the age of ten (can be applied for after the child turns 18, but the fee is higher)
CCLC may be able to represent children with applications to register as British by entitlement for free, through our Children’s Pro Bono Legal Service.
Other children can apply to register at discretion. The Home Office technically has a broad discretion to register any child as British. When considering whether or not to grant a discretionary application, the Home Office should consider each application on an individual basis. The Home Office has published criteria explaining what is taken into account when deciding whether or not to grant citizenship at discretion, which includes:
- the child’s future intentions
- the citizenship and immigration status of the child’s parents
- the length of the child’s residence in the UK
- whether or not the child is settled
- the child’s character (e.g. criminal convictions)
- parental consent
- what is in the child’s best interests
Applications at discretion, and in particular the ‘good character’ requirement, can be very complex: legal advice should be sought before making an application.
If a child is adopted by a British citizen who is in the UK, the child will automatically become British from the date of the adoption. No citizenship application is necessary and the child can simply apply for a British passport if they wish.
If a child is adopted in another country then that country’s own adoption laws will apply. The adoption will not necessarily be recognised in other countries, including the UK. If the adoption is not recognised in the UK then the child will not automatically become British. For more information, see the government’s information pages on child adoption.
There is a misconception amongst some professionals working with children and young people that British citizenship is just about getting a passport and wanting to travel. This is a serious misunderstanding. There are many reasons why it is very likely to be in the best interests of a child living here to obtain British citizenship if possible:
- unlike other forms of status, citizenship is permanent and secure and can only be taken away in extreme circumstances
- citizenship may be important for the child’s sense of their own identity, particularly where they identify strongly as British
- citizenship brings many opportunities for children and young people that may include travel, higher education and accessing home fees, career paths such as joining the police, the civil service or the armed forces
- citizenship brings with it the right to vote, and the protection of British embassies while abroad
