British Citizenship for Child Born in the UK

Parents of a child born in the UK may be able to stay in the UK to care for them. An assessment of the circumstances will need to be made to see whether the parent would be able to meet the immigration rules or if it would be a breach of the family’s human rights if the parent was not able to stay. It is important to note that if you are eligible to apply as a partner, you must do this instead of applying as a parent.

If the child is considered a ‘qualifying child’ by the Home Office (which means the child is British or has 7 years of residence in the UK) then this strengthens a parent’s application and the Home Office ‘starting point’ is that it would not normally be reasonable to expect a qualifying child to leave the UK, and so it would also not normally be reasonable to expect their parents to leave the UK.
 
If you are not eligible to apply as a partner and are therefore considering applying as a parent, there are a few requirements that must be met which include:
 
– the child must either be under 18 years old on the date you apply OR have been under 18 when you were first granted leave.
– the child must live with you, unless they’re living away from home in full-time education, (for example, if they’re at university) and they must not be married or in a civil partnership.
– the child must be living in the UK, and they must either:
be a British citizen; hold settled status in the UK (for example, Indefinite Leave to Remain); be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status (they must also have started living in the UK before 1 January 2021); or have lived in the UK for 7 years continuously and it would not be reasonable for them to leave
you need to have sole or shared parental responsibility for your child.

Refused applications: 
Where an application has been considered by the Home Office and is refused, the fee will not be refunded. For a citizenship application which is refused, only the citizenship ceremony fees which will be refunded.
 
Revoked citizenship within the UK: 
Where citizenship has been granted and is subsequently revoked by the Home Office or renounced by the applicant, no refund will be issued.
 
Reconsiderations: 
Where an application for a certificate of registration or naturalisation has been refused and is subsequently overturned following a reconsideration, the fee paid for the reconsideration will be refunded.
 
General principle of refunds:
 – The Home Office will only refund an application fee if:
– There is no legal basis to keep the fee (e.g. if the application cannot be processed because it is void)
– There is a legal obligation to return the fee (e.g. if the application is fee exempt)
– The application is rejected as invalid (minus an administration charge)
– The applicant withdraws their application in line with the Withdrawals section of the Home Office policy
– An applicant submits a second application which has the effect of varying a previous application
– An incorrect fee has been charged and paid to the Home office
– A nationality application made overseas is not made to the correct authority

The duration for the whole application process which includes gathering any relevant documents, preparing the application form, submitting the application form, uploading any relevant documents to the Home Office and providing your biometric information depends on how quickly the applicant can gather the relevant documents and information required for the application process.
 
In terms of how long it takes to receive a decision, once the application has been submitted and the applicant attends their biometrics appointment, they will usually get a decision within 6 months, though some applications can take longer.
 
If the decision is likely to take longer than 6 months, the applicant will be made aware before 6 months have passed.
 
They will also be told if they need to provide more information to help with their application.

If a child was born in the UK on or after 1 January 1983 and one of their parents was a British citizen or held settled status in the UK at the time of their birth, they may automatically be a British citizen, in which case they can apply for a British passport, or ask for a letter confirming their citizenship (the process will be different if the child lives in the Channel Islands, the Isle of Man or a British overseas territory).

However, if the above does not apply, the child may be eligible to register or apply to become as a British citizen depending on when they were born and their parents’ circumstances:

If the child was born on or after 1 January 1983, they may be eligible to become a British citizen if they’re either under 18 years old and since their birth one of their parents became a British citizen or got permission to stay in the UK permanently OR if the child has lived in the UK until they were 10 years old or older.

If the child was born before 1 January 1983, they would automatically be a British citizen unless their father was a diplomat working for a non-UK country or their father was ‘an enemy alien in occupation’ and they were born in the Channel Islands during World War

Generally, poorly prepared applications may face higher chances of refusal and if it cannot be shown that the applicant meets the necessary requirements to become a British citizenship.
 
There is a good character requirement which applies to applicants aged 10 or over. The Home Office may exercise discretion where a child’s criminality would result in a lifetime refusal of any citizenship application.
 
At OTB Legal, we work on a 3-stage process to ensure that you submit a well-prepared application for British citizenship:
 
Initial consultation: A free 30-minute consultation with a legal advisor, during which they will gather relevant information to assess your circumstances. They will provide preliminary advice, explain the services we offer, and give you a fee quote based on the complexity and nature of your application.
Advice stage: The fee for this stage is £360 (including VAT), which includes a tailored letter of advice specific to your individual circumstances. This letter will ensure that you have all the information necessary to maximise the chances of a successful application and to choose the most advantageous application type for your situation. It also includes a list of the documents you would need to provide in support of your application.

Application stage: The fee for this stage ranges from £840 to £2,100 (including VAT) and covers all remaining work involved in preparing your application. This includes reviewing the documents you provide, completing the application form on your behalf, uploading the documents to the Home Office, and preparing a detailed cover letter in support of your application. The legal advisor will confirm the exact fee based on the complexity of your case.

Yes, a child born in the UK can apply for Indefinite Leave to Remain (ILR) if they have lived in the UK for 7 continuously years since their birth. This is an ILR application on the basis of their private life.
 
The child does not need to have had lawful residence during this 7 year period in order to be able to qualify for indefinite leave to remain.
 
The child’s continuous years in the UK can include time spent on a family or private life visa or any visa which leads to ILR. If you’re including time which was not spent on a family or private life visa, you must have had a private life visa for at least one year on the day you a apply.
 
If a child born in the UK is not eligible for ILR on the basis of their private life, they may still be able to get ILR as their parent’s dependant if the parent is applying or has applied for ILR on the basis of their private life and if either:
– The child’s other parent is currently applying for ILR in the UK;
– The child’s other parent already has ILR;
– The child’s other parent is a British citizen;
– You’re the child’s sole surviving parent;
– You have sole responsibility for your child; or
– There are serious or compelling reasons why your child should be allowed to stay. They’ll normally already have permission to be in the UK for the same reasons.
 
The child must also not be married, in a civil partnership, or living an independent life.

Yes, the child will get the same permission to stay as their parents if they were born in the UK. The child can either be added to their parents’ next application as a dependant or apply separately. For either of these two options, the child must live with their parent(s) in the UK, unless the child is living away from home in full-time education (e.g. if they are at university), and the child must also not be married or in a civil partnership.
 
If the child is under 18, the child will need to know what kind of permission to stay in the UK (also known as limited leave to remain) their parent has.
 
If the child is 18 or over, they can only apply as a dependent of their parents if they have permission to stay in the UK (also known as leave to enter or remain) which started before they turned 18 years old. They must also apply from inside the UK. However, a child who has lived in the UK for the first 10 years of their life would be able to apply for British citizenship which would often be a preferred option.
 
It is important to note that the UK-born child may not need a visa if they were born in the UK on or after 1 January 1983 and at least one of their parents held indefinite leave to remain or proof of permanent residence at the time of their birth. If this is the case, the child may ‘automatically’ be a British citizen and therefore can apply for a British passport.