A child born to a European national who has lived or is living in the UK may have an entitlement to register as a British citizen or may even be automatically British from birth.
Any child born in the UK after 1 January 1983 will usually be a British citizen if at the time of their birth one of their parents is a British citizen or “settled” in the UK. For non-European nationals, “settled” usually means you have been granted Indefinite Leave to Remain (“ILR”).
The situation for European nationals is more complicated. Whether a European national parent is considered “settled” depends on a number of factors including the child’s date of birth, the parent’s nationality and the parent’s status in the UK at the time of the birth.
For the child to have been born a British citizen, the following criteria apply:
Child Born Between 1 January 1983 And 1 October 2000
The European national parent must have been living in the UK and exercising Treaty Rights at the time of the child’s birth.
Child Born Between 2 October 2000 And 29 April 2006
The European national parent must have applied for and been granted ILR before the child’s birth.
Child Born From 30 April 2006
The European national parent must have been residing in the UK and exercising Treaty Rights for a five-year continuous period before the child’s birth.
If it can be established that the European national parent was “settled” at the time of the child’s birth, the child will automatically be British and entitled to a British passport. As part of the application for a British passport, the evidence must be provided to demonstrate the parent’s status in the UK at the time of the child’s birth.
Children who are not automatically British at birth, including those born outside the UK but residing in the UK, may be entitled to make an application for registration as a British citizen (please refer to our previous blog https://www.gherson.com/blog/your-child-eligible-become-british-citizen detailing eligibility for registration as a British citizen).
Gherson has over 30 years of experience in assisting with UK immigration and nationality matters. Should you have any questions about the status of children born in the UK, who are living in the UK or any other British nationality query, please do not hesitate to contact us.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.