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Not Automatic: UK Citizenship Rules for Children Born to Non-British Parents

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Many people believe that being born on British soil automatically grants British citizenship. However, for children born in the UK to parents who are not British citizens, the process can be more complex. This article clarifies the eligibility criteria, application process, and resources available for navigating this path to citizenship.

Not Automatic for Non-British Parents

A child born in the UK to non-British parents may not automatically qualify for British citizenship. Automatic citizenship at birth is only granted to children with at least one parent who holds British citizenship or “settled status” in the UK.

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Settled Status Explained

Settled status refers to having indefinite leave to remain (ILR) or permanent residence in the UK. This typically requires at least five years of continuous residence before eligibility. Parents with settled status at the time of the child’s birth can usually register their child as a British citizen.

Eligibility for Automatic Citizenship

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  • British Parent: The most common way for a child to receive automatic British citizenship is for one or both parents to be British citizens at the time of birth. These children won’t need to register and will be eligible for a British passport at birth.
  • Settled Status: Non-British parents with settled status (ILR or permanent residence) at the time of birth can also qualify their child for automatic citizenship.

Options for Non-Settled Parents

If neither parent has settled status when the child is born, there are still options:

  • Settled Status After Birth: If one or both parents are granted settled status or British citizenship after the child’s birth, the child can then be registered as a British citizen.
  • 10-Year Residence Route: A child born in the UK to non-British parents who remains in the UK for at least the first ten years of their life can register as a British citizen. This requires spending no more than 90 days outside the UK each year.

Eligibility for Registration

You may be eligible to register as a British citizen if:

  • You were born in the UK on or after January 1, 1983.
  • Since your birth, one of your parents became a British citizen or obtained settled status.
  • You lived in the UK until you were at least 10 years old.
  • (For those born before 1983) Your parents obtained settled status, British citizenship, indefinite leave to enter, or permanent residence status after your birth.
  • You are under 18 years old.

Applying for Citizenship

  • Apply online through the government website.
  • Schedule an appointment at a UKVCAS service point for biometric information (fingerprints and photograph).
  • Applications by post have a longer processing time.
  • Decisions typically take up to 6 months, potentially longer.
  • If successful, you may need to attend a British citizenship ceremony (age 18 or over).
  • Once registered, you can apply for a UK passport.

This article provides a general overview. It’s advisable to consult the UK government website for the latest information and specific requirements.

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