British nationality law is complex, due mainly to the UK’s colonial legacy. There are even types of British citizenship that do not permit the holder to live permanently in the UK. So who does qualify for full British citizenship through birth or descent?
1. Introduction
British nationality by birth is one of the most direct pathways to acquiring British citizenship. Unlike nationality by descent, which depends on the status of one’s parents, nationality by birth primarily concerns the location of birth. The British Nationality Act 1981, which governs British citizenship, outlines the specific circumstances under which an individual born in the United Kingdom (or in certain British territories) is automatically considered a British citizen.
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2. Who Is Eligible for British Nationality by Birth?              Â
For those born in the United Kingdom, whether they are British citizens by birth will be determined by their date of birth, and the citizenship or immigration status their parents hold in the UK at the time of birth.Â
If you were born in the United Kingdom before 1 January 1983, you automatically became a British citizen by birth, regardless of your parents' nationality. This is due to the law at the time, which granted British citizenship to anyone born on British soil.
People born in the United Kingdom after 1983 however won’t necessarily acquire citizenship automatically. At the time of the birth, at least one parent must be either settled here (hold indefinite leave to remain or settled status under EU rules) or must themselves be a British national for their British-born child to be British.
A child born in the UK whose parents are not settled, but whose parents subsequently acquired permanent residence, will in most instances be entitled to register as British; a fee is payable.
A child whose parents are not settled at the time of the birth, and has lived in the UK continuously for the first 10 years of their life, will also be entitled to register as a British citizen, regardless of the status of their parents.
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3. What Documentation Do I Need to provide?
To establish British nationality by birth, you will be usually required to show your entitlement by providing a copy of your full birth certificate, and evidence if your parents’ immigration/citizenship status at the time of your birth. Sometimes, you will also need to show that your parents were married at the time of your birth, or other additional evidence. What is British citizenship by birth?
The first thing to note is that not everyone born in the UK since January 1983 will automatically acquire British citizenship. At the time of the birth, at least one parent must be either settled here (hold indefinite leave to remain or settled status under EU rules) or must themselves be a British national for their British-born child to be British.
A child born in the UK whose parents are not settled, but whose parents subsequently acquired permanent residence, will in most instances be entitled to register as British; a fee is payable.
A child whose parents are not settled at the time of the birth, and has lived in the UK continuously for the first 10 years of their life, will also be entitled to register as a British citizen, regardless of the status of their parents.
If you were not born in the UK but you were born to British parent or parents, you might be a British citizen automatically. This would be British citizenship by descent.
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1. Introduction
British nationality by descent is a form of British citizenship that is automatically passed down from one generation to the next, for people born outside the UK, but only under certain conditions. While it allows individuals to claim British citizenship, it also comes with specific restrictions and responsibilities.
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2. Who Is Eligible for British Nationality by Descent?
Eligibility for British nationality by descent largely depends, again, on the date of birth and the parent(s)' citizenship status at that time.
If you were born outside the UK on or after January 1, 1983, and at the time of your birth, one of your parents was a British citizen "otherwise than by descent" (this means that they were born in the UK, or became a British citizen through naturalization or registration), you are likely eligible for British nationality by descent. Broadly speaking, British citizenship is only passed on to one generation, meaning citizens by descent cannot pass on their British citizenship to their children who were born outside of the UK. If the child is a citizen of a Commonwealth country, they may be entitled to residence under UK ancestry rules, but only once they turn 17 years old.
If you were born outside the UK before January 1, 1983, you could be a British citizen by descent if your father was a British citizen at the time of your birth and was married to your mother. Note that this did not automatically apply to children of British mothers born before 1983, but changes to the law now allow these individuals to apply for registration as British citizens.
The situation can raise further complexities for adopted individuals and those born in British Overseas territories.
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3. What Documentation Do I Need to provide?
To evidence your British nationality by descent, you'll need to provide key documents including your birth certificate, evidence of your parent’s British citizenship (such as their birth or naturalization certificate), and possibly a marriage certificate if claiming through a father, particularly for births before 1983. Further documents would be required if any complexities arise on the matter.
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The professional immigration and citizenship lawyers at Latitude Law will be able to help you understand whether you are entitled to British citizenship by birth or descent. Navigating the complexities of showing your entitlement to British citizenship by birth or descent can be stressful, costly and difficult.
We expert legal advice on the matter, helping you understand whether you or your child are eligible based on factors like parents' citizenship or settled status at the time of birth. We can also assist in gathering essential documents, such as birth certificates and proof of parental status, ensuring everything is correctly submitted in an adequate manner and format. We also manage the entire application process and address any complications that arise. We reduce the stress and ensure legal compliance, increasing the chances of a successful outcome, and your peace of mind along the process.
"Gary McIndoe leads from the front and has unparalleled experience and knowledge. Gary provides no nonsense advice which cuts to the heart of the matter."
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We understand how challenging it can be to navigate the process of obtaining British citizenship by birth or descent. That is why our team of experienced solicitors, who have many years of experience in immigration law, will do everything they can to help your citizenship application be successful.
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See the Home Office guide for the latest costs
No - as a British citizen, you are not liable for the IHS.
British citizenship by double descent is when a person is eligible for British citizenship based on having a British grandparent. Eligibility for citizenship by double descent depends on several factors, including when you were born.
Those born after 1st January 1983 could be eligible for citizenship by double descent if either:
If you were born before 1st January 1983, you may be eligible to claim British citizenship under the following circumstances:
Our nationality solicitors specialise in citizenship tracing cases, and can review your family history in order to provide a report on your potential eligibility - either to automatic citizenship, or entitlement to register as a British citizen.
As the requirements for obtaining British citizenship by birth or descent are complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that your supporting documentation is compliant with the very latest immigration rules.
Get in touch with our legal team today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Face your future knowing you have the dedicated support of one of our expert lawyers.
If your partner is a British citizen and you see your future in the UK, you may be considering gaining British citizenship through marriage. This type of naturalisation application is dependent on satisfying a number of requirements, so it’s smart to seek legal help when you begin your application. Latitude Law has helped a wealth of people successfully gain citizenship through marriage, and will be happy to assist you through the process.
Settlement – also known as indefinite leave to remain – can only be applied for once a person qualifies, usually after a set period of residence in a visa category that leads to settlement. In most instances, settlement is obtained once a person has resided in the UK for five years. It remains valid unless you leave the UK for a continuous two-year period; even if you do so, it may still be possible to apply for a ‘returning resident’ visa.Â
The UK government believes that family should stay together wherever possible, which is why they offer visas for family members of British citizens or migrants who are settled in the UK. The immigration solicitors at Latitude Law can guide you through the application process and provide legal advice on complex matters, such as past refusals and appeals.
