A child born in the UK to non-British parents is not automatically a British citizen. Since the British Nationality Act 1981 took effect on 1 January 1983, birth in the UK gives citizenship at birth only if at least one parent was a British citizen or “settled” here at the moment the child was born. If that wasn’t the case for your family, your child can usually still become British — but through registration, not automatically, and the right route depends on what has changed since the birth.
When Your Child Is British Automatically
Under Section 1(1) and 1(2) of the British Nationality Act 1981, a child born in the UK is a British citizen from birth if, on the date of birth, at least one parent was:
- A British citizen, or
- Settled in the UK — meaning they held Indefinite Leave to Remain, the Right of Abode, or settled status under the EU Settlement Scheme, or
- A member of the armed forces serving at the time.
No application is needed. The child is British by operation of law, and the Home Office has no role in confirming it. You will only need to prove your own status later, when you apply for the child’s passport or other documents.
The timing is strict. The law looks at parental status on the exact date of birth. A parent who becomes settled the day after the birth does not trigger automatic citizenship, and the child would need to be registered through one of the routes below.
If your settled status came through the EU Settlement Scheme, it is digital rather than a physical card. You prove it by generating a share code through your UK Visas and Immigration account. The code is valid for 90 days. Check the details on your eVisa first and report any errors before sharing the code.
Registration If a Parent Later Becomes Settled or British
If neither parent was British or settled when the child was born, but one of you has since become a British citizen or obtained Indefinite Leave to Remain, your child has an entitlement to register as a British citizen while they are still under 18. This is Section 1(3) of the British Nationality Act 1981.
“Entitlement” is the important word. Unlike discretionary routes, Section 1(3) creates a legal right. Provided the parent’s status change is documented and the child meets the good character requirement where it applies, the Home Office cannot refuse.
Registration After Ten Years in the UK
There is a separate route that doesn’t depend on either parent’s immigration status. Under Section 1(4), a child born in the UK is entitled to register as British if they have lived in the UK for the first ten years of their life and have not been outside the UK for more than 90 days in any single one of those years.
Parents can be on temporary visas, or without lawful status entirely, and the child will still qualify if the residency test is met. The Home Office guidance also allows adults who lived in the UK from birth to age ten to use this route even if no application was made at the time.
Because so much rests on proving continuous presence, keep a clear paper trail from birth: school records, NHS records, and letters from teachers or doctors. Gaps invite questions.
Discretionary Registration for Families Who Don’t Fit
Some families do not match either entitlement route. A parent may still be on a temporary visa, the child may have spent time abroad, or the circumstances may be unusual. Section 3(1) of the British Nationality Act 1981 gives the Home Secretary discretion to register any minor as British if the Secretary of State “thinks fit.”
The Home Office weighs several factors together:
- The child’s connection to the UK, and the expectation that they are free of immigration restrictions.
- Where the child’s future realistically lies.
- Parental nationality and immigration status. The Home Office generally expects at least one parent to be a British citizen, or both parents to be settled.
- Length of UK residence, with at least two years expected, particularly for children over 13.
- Good character, for children aged 10 and over.
- Any other compelling circumstances.
There is no guarantee of approval. Meeting some criteria does not offset failing others. But this route fills a real gap for families outside the entitlement paths.
If Your Child Is Stateless
If your child was born in the UK and cannot acquire any other nationality — because neither parent can pass on citizenship of any country — Schedule 2 of the British Nationality Act 1981 provides a separate registration route.
- For applicants aged 5 to 17: born in the UK, unable to acquire another nationality, and meeting the residency criteria. If it would be reasonable for the child or someone acting on their behalf to take steps to acquire another nationality, this route is not available.
- For applicants aged 18 to 21: always stateless, present in the UK at the start of the five-year period ending on the application date, and absent from the UK for no more than 450 days across those five years.
The age limits are strict. If you think your child may be stateless, look at this route early — missing the window means losing the entitlement. Applications use Form S.
The Good Character Requirement
Every registration application involves a good character assessment for applicants aged 10 and over. Children under 10 are exempt. The Home Office weighs good character alongside the child’s best interests under Section 55 of the Borders, Citizenship and Immigration Act 2009, and gives more weight to documentary evidence from official or independent sources than to unsupported claims. A caution or conviction between ages 10 and 17 does not automatically disqualify a child, but it will be examined closely. For most children, this requirement is not an obstacle.
Forms, Documents, and Fees
The form depends on the route:
- Form MN1 — where a parent has become settled or a British citizen since the birth (Section 1(3)), and for discretionary registration (Section 3(1)).
- Form T — for the ten-year residence route (Section 1(4)).
- Form S — for statelessness (Schedule 2).
You will need the child’s full UK birth certificate showing both parents. If the application relies on a parent’s change of status, provide that parent’s Biometric Residence Permit or a digital share code proving Indefinite Leave to Remain or settled status under the EU Settlement Scheme. For the ten-year route, provide school attendance records, NHS medical records, and letters from teachers or doctors covering the full period. Two referees are also required. Check that names, dates, and spellings match exactly across every document; small inconsistencies are one of the most common causes of delay.
The registration fee for a child under 18 is £1,214. If the child turns 18 during processing, an additional £130 ceremony fee is charged at the point of decision.
A fee waiver is available for under-18s whose families cannot afford the cost. The Home Office applies an affordability test, looking at total household income and savings after accommodation and essential expenses. If paying would leave the family unable to meet essential living costs or a child’s basic needs, the waiver must be granted. Children in local authority care do not need a separate waiver; providing evidence of care status is enough. Fee waiver requests can be made online or by post using the Child Citizenship Fee Waiver Request Form on GOV.UK. If you apply online and succeed, the citizenship application itself must also be submitted online.
How to Apply and What Happens Next
Applications go through the Home Office online portal. After paying the fee or being granted a waiver, you book a biometrics appointment at a UK Visa and Citizenship Application Services centre. Children under five only need a digital photograph — fingerprints are not required at that age.
The Home Office aims to decide registration applications within six months. Some take longer, and the Home Office will contact you if that timeframe will be exceeded. They specifically ask applicants not to chase for updates within the first six months.
A successful application produces a Certificate of Registration. This is the definitive legal proof of your child’s British citizenship. Keep it safe: replacing a lost certificate is slower and more difficult than most people expect, and you will need it to apply for a passport.
If the Application Is Refused
There is no statutory right of appeal against a citizenship refusal, which surprises many families because appeals exist for most other immigration decisions. You have three options:
- Request a reconsideration using Form NR if you believe the Home Office made a mistake or overlooked evidence. A fee applies but is refunded if the reconsideration succeeds.
- Submit a fresh application, addressing the specific shortcomings the refusal letter identifies. The full fee is payable again.
- Bring judicial review proceedings if the decision was legally flawed. This is expensive and slow, and is generally worth pursuing only where the Home Office clearly misapplied the law.
The refusal letter itself is the key document. Its reasons will tell you which of these three routes actually fits.
Your Child’s Immigration Status Until They Are Registered
A child born in the UK to non-British, non-settled parents has no independent right to remain here. They are in the same position as their parents. If you hold a temporary visa, your child needs to be included as a dependant on future applications. If you are undocumented, so is your child.
Future registration is not a substitute for lawful status now. Time spent in the UK without leave to remain can complicate later applications and limit access to services. If you are unsure of your child’s position, getting advice early is far cheaper than fixing problems later.
Getting the First British Passport
A Certificate of Registration proves citizenship but is not a travel document. To get a British passport you apply separately through His Majesty’s Passport Office, submitting the original registration certificate and the child’s full birth certificate. A countersignatory who has known the signing parent for at least two years must confirm the child’s identity on the back of a photograph, meet the profession or standing criteria in the guidance, and be someone outside your family and household. Processing typically takes around three weeks, though first-time applications can take longer if additional checks are needed.