Child born in the UK - British 🇬🇧 or not?

This is one of our most popular posts of all times: child born in the UK, does he get British Citizenship? This updated post was partly inspired by the Guardian article about 100,000 of undocumented children in London. If you are interested in that subject, of how a child’s status can be legalised, you can read on our blog here. 

In this message we are considering more common situations when a child is born in the UK to migrant parents. 

Child born in the UK:

A child born in the UK is not automatically British since the law was changed in 1983. Instead, their status is based on the parents' status:

- If a parent is British, then a child is British by birth. 

- If a parent has settled status, such as Indefinite Leave, then a child is British by birth. 

- European citizens gain settled status automatically, which may be earlier than the date of Settlement Scheme registration, in this case please contact us. 

If, however, a parent is not settled but settles later after the child’s birth, then a child can be registered as British. 

A child doesn’t even need Indefinite Leave, saving the family a hefty Government fee. 

Child born outside the UK: 

In this scenario, a child can only become British when he/she gains a settled status ion the UK and the parent(s) become settled with at least one parent becoming a British Citizen. For example, if a family are on Tier 2 and Tier 2 Dependant visas, they can all apply together for Citizenship one year after they all have secured Indefinite Leave.

For individual advice or to make an application please contact us. 

1st4Immigration is one of the most experienced and prominent UK immigration law companies, accredited by the OISC at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office address: Tower 42 (NatWest Tower), 25 Old Broad Street, City of London, London, EC2N 1HN.