Certain classes of adults can apply to register as British citizens too. However, in this article, we will be talking about the registration of children as British citizens.

Who can apply to register as a British citizen?

Most children will be born as British citizens, and they would not need to apply for British citizenship. These include: children born in the UK, with at least one parent being a British citizen or having settled status; and children born outside of the UK with at least one parent being a British citizen. Those children are British citizens by birth, and they can apply for a British passport without having to apply for British citizenship first.

There are various categories of children who need to apply to be registered as British citizens. While it is not feasible to deal with all those categories in detail in a short article, we will attempt to cover the main categories, and outline some of the remaining categories, at least to give you information that they exist.

One of the main categories is children who were born in the UK to parents who have become settled or British citizens after the child’s birth. These are usually the children born in the UK to migrant parents, who had limited leave to remain at the time of the child’s birth. Such children would not be born as British citizens as none of their parents is settled in the UK or a British citizen. However, they would become eligible to apply for British citizenship as soon as at least one of their parents would acquire settlement, that is to say, be granted indefinite leave to remain, permanent residence or settled status.

Another common category is that of children born in the UK who have lived here for at least the first 10 years of their life. As you would have realised from the previous category we explained, “Jus soli” or as commonly referred to “birth-right citizenship” does not exist in the UK. In other words, a child does not automatically gain British citizenship by the simple fact of being born in the UK. In the previous category, the child also needed at least one of his or her parents to acquire settlement rights. In the present category, a child born in the UK would then have to live in the UK for at least the first 10 years of their life. An important feature to note regarding this category is that the child might have been born to parents who have lived in the UK unlawfully, without a visa. This would not be relevant to the child’s application. So long as the child was born in the UK and lived for at least the first 10 years of their life in the UK, they would be eligible to be registered as a British citizen. This reflects the legal principle that children cannot be blamed for the unlawful acts of their parents. Another reflection of this legal principle is the Immigration Rule allowing children who have spent at least 7 years in the UK while still a minor to apply for leave to remain provided that other conditions are met too. Please bear with us for another article on that subject.

Returning now to our third category: children born before 1 July 2006 who would have become British citizens automatically if their parents had been married. This is a category consisting of unfortunate children who have become victims of discriminatory citizenship laws, until they were finally repealed with effect from 1 July 2006. According to citizenship laws in force before 1 July 2006, children of unmarried couples were only able to acquire British citizenship from their mother. So, the law was changed to end this discriminatory practice. However, the children who were born before 1 July 2006 and affected by the repealed legislation are having to apply to register as British citizens. The exception to this is if the parents have married at any time after the birth of the child, in which case the child would become British automatically upon the marriage of their parents.

What are the common requirements of registering a child as a British citizen?

As can be seen, each category has different requirements. However, there are some common requirements. For example, the application to be registered as a British citizen must be made before the applicant child reaches the age of 18. So, the application needs to be made while the applicant is still a minor, a child. If the applicant child is aged 10 or above, they need to be of “good character”. Broadly speaking, this means that they should not have a criminal conviction.

Are there any other categories of children who can be registered as British citizens?

The list of categories we have explained is not exhaustive, and there are other categories of children who may be eligible to be registered as British citizens. we said earlier that we would outline some of the remaining categories, at least to inform you that they exist. These include: children born abroad to parents who are British by descent; children whose parents had renounced and subsequently resumed British citizenship; children who were born in the UK to parents who have joined the UK armed forces; children born outside the UK, whose parents are now applying for British citizenship; children adopted outside the UK by parents who are British citizens; children born on or after 4 February 1997 in Hong Kong; children whose best interests require the Home Office to register them as British citizens; and certain stateless children.

Awareness about the registration of children as British citizens

We hope that this article has given you an overview of the categories of children who can apply to be registered as British citizens. In practice, of course, in the vast majority of cases, it will be a parent who would make an application for their minor child. Unfortunately, many parents are unaware of their children’s eligibility for British citizenship. The aim of this article is to raise awareness and help the parents of qualifying children to take the necessary steps in the best interests of their children.

What is the cost of application?

At the time of publishing this article, the Home Office application fee for the registration of children as a British citizen is £1,012.

Contact us

If you would like to obtain further information or legal representation regarding your application for permission to stay under the Graduate Route, please contact us on 0203 940 5959 or at yd@redstonesolicitors.co.uk and we would be more than happy to help.