If you give birth to a child outside the UK, you don’t know if the child can automatically qualify for British citizenship. It will depend on the different circumstances. In this blog, we will find out if a child born abroad can register as a British citizen if their parents have indefinite leave to remain (ILR).
Requirements of British Citizenship for Child
If a child is born in the UK to a British parent, they can automatically acquire citizenship. When they were born abroad, you need to register your child as a British citizen. And there are some requirements you need to meet:
- The child was born outside the UK and the child’s mother or father is a British citizen.
- The child must be born abroad and have at least one parent who was a British citizen when the child was born.
- If the applicant is over the age of 10, he or she must be of good character.
- If the child has been granted British citizenship by descent, they must maintain the best interests of the child.
- The child and parents must have settled in the UK for three years before they apply for UK citizenship.
How to apply for British citizenship for children born abroad
If a child was born abroad to a British parent, they may automatically become British citizens or they may need to apply for British citizenship on their own.
Automatically eligible for British citizenship
Under immigration rules, it will depend on when the child is born if they want to automatically become British citizens as a child born abroad.
Born on or after July 1, 2006
A child can automatically acquire British citizenship if one of their parents was a British citizen at the time of their birth. Their British parents can pass on their citizenship to the child, meaning their British parent was either born or adopted in the UK or worked as a Crown servant when the child was born.
Born between January 1, 1983 and June 30, 2006
A child can automatically acquire British citizenship if one of their parents was a British citizen at the time of their birth. In addition, their British parents can pass on their citizenship, meaning that the British parent was either born or adopted in the UK, or worked as a Crown servant at the time the child was born.
Born before 1983
The child may automatically acquire British citizenship if the father is British and he/she must meet all of the following requirements:
- He is a citizen of the United Kingdom and Colonies.
- He is married to the child’s mother.
- He can pass on his citizenship, meaning that the British father was either born or adopted in the UK or worked as a Crown servant when the child was born.
Registering a child as a British citizen by descent
When a child born outside the UK cannot automatically obtain British citizenship, they can register as British citizens by descent. It will depend on when the child is born too.
Born on or after July 1, 2006
Your child born abroad may be eligible to register for British citizenship if they meet the requirements.
- The child must be under 18 years of age and have lived in the UK with their British parents for 3 years prior to the application date. During the 3-year period, the child and their parent/s must not have spent more than 270 days outside the UK.
- If the child’s parents lived in the UK before the child was born, the British parents must have been British citizens when the parents were born.
- Parents must not have spent more than 270 days outside the UK during the 3-year period.
- The British parent had a British mother or father who could pass on their citizenship to them, which means that the mother or father of the British parent was either born or adopted in the UK or worked as a Crown servant when the parent was born.
Born between 1983 and June 2006
A child born abroad can register for British citizenship if their British father is not married to their mother. Therefore, it is necessary to show that the child was British at the time of birth and the ability to pass on citizenship. For example, he was either born or adopted in the UK, or granted citizenship after applying for it in his own right, or worked as a Crown servant when he had a child.
Born before 1983
A child born abroad may be eligible for British citizenship if
- Their parents were not married when they were born.
- They have a British mother, but not a British father.
- Their parent must have been a citizen of the United Kingdom and Colonies when the child was born and they must pass on their citizenship.
Children born outside the UK to settled parents (ILR)
A child born outside of the UK to settled parents in the UK can apply for British citizenship after they have Indefinite Leave to Remain (ILR) for one year. And the child must live in the UK with both parents and both parents must be settled and residing in the UK. Of course, if only one parent is settled in the UK, the child can also apply for ILR, but they need to meet any of the following:
- The parent in the UK has primary legal responsibility for the child.
- The other parent passed away.
What documents are required if I register my child for British citizenship?
When registering a child for British citizenship, you must prepare the following documents:
- The MN1 application
- The child’s full immigration history
- Child’s photograph
- Original copies of passport or travel document
- Original copy of the birth certificate
- Parents’ marriage certificate
- British parent’s birth certificate or passport
- British Grandparent’s passport, registration or naturalization certificate.
- Bank or credit card statements issued in the last 6 months.
- Evidence that British parents lived in the UK for 3 years prior to the child’s birth.
What form do I need to complete to register my child born abroad?
If the child is eligible to apply for British citizenship by descent, they must complete Form MN1. It consists of several sections. You can check them below:
- Personal information: Basic information about the child and the child’s parents.
- Children’s residence: Information about the child’s residence history.
- Parents’ residence: Information about the parents’ residence history
- Good character: It is only required for children over 10, about personal history.
- Two references: Two supporting references who must be either a professional person or a UK passport holder.
- Biometric information: The child must provide fingerprints and photographs
- Consent: Both the child and the parent must give their consent for registration.
- Declare that all information is correct.
How long does it take to register a child as a British citizen?
Once you have submitted Form MN1 to register your child as a British citizen, it should take 2 to 4 months to receive your decision. Sometimes it can take up to six months to process your application. The timing of processing your application will depend on the complexity of your case, the sufficient evidence with the application, and how quickly you can provide additional information requested by the Embassy or Home Office.
How much is British citizenship for a child?
If you want to apply for British citizenship for your child, you must prepare the fee of £1,214 for the application. In addition, you need to pay £80 for your child’s citizenship ceremony when they apply for it at the age of 18. And if your child is less than 18 years old who cannot afford the application fee, they can apply for a fee waiver.
FAQ
- Can I obtain a UK birth certificate if my child was born abroad?
With the UK immigration rules, your child can’t get a regular British birth certificate when they were born abroad. Because they already have a birth certificate abroad. But it is possible for them to apply for a consular birth registration certificate. If your child was born on or after 1 January 1983, they can obtain a birth registration certificate.
- Can a child born in the UK get UK citizenship?
If your child was born in the UK, they can usually get the UK citizenship. However, it will depend on when you were born and what your parents’ nationality. You will automatically become a British citizen, if you:
Born in the UK and born on or after 1 January 1983.
One of your parents was a British citizen or “settled” in the UK.
- What happens if a UK citizen gives birth to another country?
If a UK citizen gives birth in another country, their child can obtain a second citizenship from other country before they turn 18 years years old. After the age of 18, they need to choose which citizenship they want. When UK citizens decide to give birth to another country, it is better for you to apply for the Giving Birth Abroad application form, which can cover maternity care and delivery.
Conclusion
It is allowed to have dual citizenship when a child was born out of the UK, and they can enjoy the benefits of both countries before deciding on their preferred citizenship at the age of 18. And if you don’t know how to apply for British citizenship for your child born abroad, please leave your comment below.
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Erin Lo