Child born in the UK. Does he/she need a visa? Does he/she become a British Citizen?

Our most popular post ever! There are plenty of Rules governing children who are born in the UK, so we'll try to keep the answer simple.

A child born in the UK does NOT automatically become British (unlike in America). Instead, it depends on child's parents status.

1) If child's parent (one or both) is British then the child will be a British citizen.

 

2) If child's parent (one or both) is not British, but has permanent residency in the UK, ie holds an Indefinite Leave to Remain or Permanent Residency under European law, then the child will be British also (even if both parents aren't British). This rule also applies if one parent is a European EU/EEA citizen and had acquired a PR status automatically before the child was born but (the parent) applied for a formal PR document later.

 

3) If the child's parents are both not permanent residents and hold visas, such as Tier 1, Tier 2 etc, then the child will NOT be British, even though he/she was born in the UK. In such cases a child can be given a dependent visa on his/her parents. This can be done as a separate application, though it's not compulsory and can be done instead at the time of parents' next application, such as at the time of Tier 2 extension.

 

3.1) Once child's parent (one or both) gets ILR, ie becomes a permanent resident in the UK, then the child can be registered as British straight away, even before parent(s) qualify for Citizenship themselves.

 

For example, mother and father have a Tier 2 General and a dependent visas. They have a child who was just born in the UK. At the time of Tier 2 extension the child gets a dependent visa also while parents get a Tier 2 extension. Later parents apply for ILR. Once ILR has been granted to the parent(s) this child can be registered as British and then get a UK passport. Parents, however, will be waiting for another year to apply for British Citizenship.

 

3.2) Does the child have to be included in the ILR application? No, they don’t unless you choose so.

 

4) What is the difference between 'will be British' and 'can be registered as British'?

 

In points 1) and 2) the child 'will be British' from birth meaning parents can just apply for his/her UK passport, in the same way as British parents apply: sending documents to the Passport Office, paying a passport fee and getting a passport.

 

In point 3) the child will need to be registered as British first meaning submitting an application to the immigration authorities, similar to a visa application process, paying a fee, waiting for a decision. Once decision has been made - and decision is positive - then parents can apply for a UK passport for the child to the Passport Office, same process as above.

 

For individual advice or to make an application, book our advice session now, over email or at our office at Tower Hill in Central London, email info@1st4immigration.com or visit www.1st4immigration.com