When it comes to obtaining British citizenship for a child born in the UK to non-British parents, the process can be complex. Many parents assume that simply giving birth in the UK automatically grants their child British citizenship. However, the rules surrounding this process are much more nuanced. Understanding these rules can help parents navigate the legal steps required for their child to become a British citizen.
This article will break down the conditions under which a child born in the UK can obtain British citizenship, and explain the various options available for parents who do not meet automatic citizenship requirements.
Automatic British Citizenship for Children Born in the UK
For a child to automatically receive British citizenship at birth, two conditions must be met:
- The child must be born in the UK.
- The parents must have secured Indefinite Leave to Remain (ILR) or settled status in the UK at the time of the child’s birth.
Indefinite leave to remain (ILR) is a type of permanent residency that allows individuals to live and work in the UK without any time restrictions. Once parents have obtained ILR, any child born in the UK is automatically granted British citizenship.
This means that the child will not need to apply for citizenship but will immediately be recognized as a British citizen.
If the parents do not have ILR at the time of the child’s birth, the child will not automatically become a British citizen. However, there are alternative routes to citizenship that parents can pursue.
Applying for Citizenship by Registration
If a child born in the UK does not automatically qualify for British citizenship due to the parents not having ILR, parents can apply for the child to be registered as a British citizen. Registration is the process by which children born in the UK to non-British parents, or children born abroad to British citizens, can acquire British citizenship.
To apply for citizenship by registration, the parents must meet certain criteria. These include:
- The child must have been born in the UK.
- The parents must have obtained ILR or settled status after the child’s birth.
Once the parents have obtained ILR, they can apply to register their child as a British citizen. This process is not automatic and requires an application through the UK government’s official channels.
Costs and Fees Involved in the Application Process
The cost of applying for British citizenship for a child can be significant. As of the time of writing, the fee to apply for citizenship for each child under the age of 18 is £1,214. Additionally, if the child turns 18 during the application process, an extra fee of £130 is required for the child to attend a citizenship ceremony.
Families with multiple children will need to pay these fees for each individual child, which can add up quickly. However, there is a possibility of applying for a fee waiver if the parents are unable to afford the application costs. This fee waiver is subject to strict criteria and is not guaranteed for all applicants.
Requirements for a Successful Application
When applying for British citizenship for a child, parents need to ensure they meet all the necessary requirements to avoid delays or rejection. A key factor is demonstrating that the family has no plans to leave the UK after obtaining ILR. The government wants to ensure that those applying for British citizenship are committed to living and contributing to life in the UK.
The application must be submitted through a form available on the UK government’s official website. Immigration consultants can be incredibly useful during this process, helping to ensure that all paperwork is correctly completed and that the family meets all eligibility criteria.
Situations Where You Do Not Need to Apply for Citizenship
In some cases, parents may not need to apply for British citizenship for their child at all. If the child was born in the UK after the parents had already obtained ILR, the child automatically becomes a British citizen. In this situation, parents can directly apply for a British passport for their child without going through the citizenship application process.
If the child is under 16, parents can apply for a child passport. Once the child turns 16, they will need to apply for an adult passport. The automatic citizenship rule can be a relief for many parents, but it is essential to ensure that ILR was granted before the child’s birth for this to apply.
Citizenship for Children Born Outside of the UK
The process becomes slightly different for children born outside the UK to non-British parents. While automatic citizenship does not apply in this scenario, parents can still apply for their child’s citizenship through the registration process once they obtain ILR. The same fees and application processes apply in these cases, and immigration consultants can assist families in understanding the specific criteria required for children born abroad.
The Importance of Legal Guidance
Understanding the various pathways to British citizenship can be overwhelming, particularly for parents who may be unfamiliar with UK immigration laws. This is where immigration consultants play a crucial role. They can guide parents through the legal process, ensuring that all requirements are met and helping to avoid any potential issues with the application.
Consulting with professionals can make the difference between a smooth application process and facing delays or rejections. Parents should seek out immigration consultants who specialize in UK citizenship and immigration matters to ensure that they have the best chance of success.
Conclusion
While many assume that a child born in the UK automatically becomes a British citizen, the truth is more complex. For automatic citizenship, parents must have indefinite leave to remain at the time of the child’s birth. Otherwise, parents can apply for citizenship by registration, provided they meet specific requirements. The process can be costly and involves navigating legal criteria, but with the right support from immigration consultants, families can ensure they are on the right path to securing British citizenship for their child.
.
