A child born outside the UK to British nationals may be eligible for British citizenship either automatically or through registration. This depends on several factors, such as how the parent became British, whether the parent and child lived in the UK before, and when the child was born. Parents who hold British citizenship generally fall into one of two categories: British citizens ‘by descent’ or British citizens ‘otherwise than by descent’. These categories determine whether a child born overseas acquires British citizenship at birth or must be registered.
‘British citizenship by descent’ means that a parent is British because they inherited citizenship from one of their own parents. This usually applies to people who were born outside the UK and had a British parent at the time of their birth. A child born abroad to a parent who is British by descent will not normally acquire citizenship automatically, but may be able to register as a British citizen under the British Nationality Act 1981.
‘British citizenship otherwise than by descent’ means that the parent became British in their own right and can pass down British citizenship to their children born outside the UK. This applies to people who were born in the UK to a British or settled parent, or who later became British through naturalisation or registration while living in the UK. A child born abroad to a parent who is British ‘otherwise than by descent’ normally becomes a British citizen automatically.
Table of contents
- Automatically eligible for British citizenship
- Register British citizenship for a child born outside the UK
- British citizenship registration under Section 3(5) : both child and the British parent has lived in UK for 3 years
- British citizenship registration under Section 3(2): the British parent has lived in the UK for 3 years before the child birth and one grandparent is a British citizen otherwise than by descent
- British citizenship registration under Section 4D: the British parent is a member of the UK armed forces and was serving outside the UK when the child was born
- British citizenship registration under Section 4F and Section 4G: the child born outside the UK to unmarried British fathers before 1 July 2006
Automatically eligible for British citizenship
A child born outside the UK will usually become a British citizen automatically if at least one parent is a British citizen ‘otherwise than by descent’. In these cases, the parent has acquired citizenship through birth in the UK, adoption in the UK, naturalisation or registration. If this applies, the child becomes a British citizen by descent at birth. Parents in this situation can apply directly for a British passport for the child. No registration process is required.
There is one main exception to the above rule: section 2 of the British Nationality Act 1981 allows a child born abroad to acquire British citizenship at birth if a British parent is serving overseas in specific roles. These include:
- Crown service under the UK government
- Other government service abroad that has been designated as qualifying under the Act
- Service under certain European Union institutions
The parent must have been recruited in the UK or in a qualifying territory. In these cases, it does not matter whether the parent is a British citizen by descent or otherwise than by descent.
In addition, there are specific rules for people born outside the UK before 2006, as follows:
- Children born outside the UK between 1st January 1983 and 30th June 2006: A child born outside the UK in this period may be a British citizen automatically if:
- One parent was a British citizen at the time of birth, and
- That parent could pass on citizenship because they were born, adopted, naturalised or registered in the UK, or were a British citizen serving overseas in qualifying Crown or government service.
- Children born outside the UK before 1st January 1983 :Your child may automatically get a British citizenship if they were born outside the UK and their father is British. According to the immigration rules, the father must have been all of the following when they were born: a citizen of the United Kingdom and Colonies, married to the child’s mother, and able to pass on his citizenship. This means the British parent was either born or adopted in the UK, given citizenship after applying for it in their own right, or worked as a Crown servant when the child was born.
Register British citizenship for a child born outside the UK
If a child is born outside the UK to a parent who is a British citizen by descent, they will not automatically acquire British citizenship. However, they may be able to register as a British citizen. The most common routes for a child born abroad include:
- Section 3(5) – where both the child and the British parent have lived in the UK for a qualifying period before the application
- Section 3(2) – for a British parent who has lived in the UK for a qualifying period, with the grandparent being a British citizen otherwise than by descent at the relevant time
- Section 4D – for a child born outside the UK to a parent serving in the armed forces, and
- Section 4F and 4G – for a child born outside the UK to unmarried British fathers before 1st July 2006.
British citizenship registration under Section 3(5)
If the child was born outside the UK but both the child and British parent have lived in the UK together for a 3-year qualifying period with absences less than 270 days, the child may be eligible to register for British citizenship under Section 3(5). Under this route, it allows the child to become a British citizen otherwise than by descent even though it is through registration, meaning they can pass their British citizenship to if their own child born abroad.
To register British citizenship under Section 3(5), the following requirements must usually be met:
- The child was born outside the UK
- The child must be under the age of 18 when the application is made
- The child and the British parent have lived together in the UK for at least 3 years immediately before the application
- During the 3-year period, the child and parent must not have been absent for more than 270 days
- The child must have been in the UK at the start of the 3-year period
- Both parents must consent to the application, unless an exception applies*
- Children aged 10 or over must be of ‘good character’.
* If one parent has died, only the surviving parent’s consent is required. If the parents are divorced, their civil partnership has been dissolved, or they are legally separated, only the consent of the parent with responsibility is required. In limited cases, the Home Office may waive the consent requirements if it is considered in the child’s best interests.
To make a successful application for a child under this route, you will normally need to provide the following forms of evidence:
- The child’s full birth certificate showing both parents.
- Proof that the parent was a British citizen by descent when the child was born
- If the child was born before 1st July 2006 and the claim is through the father, the parents’ marriage certificate
- Passports or other documents showing the child and parent lived in the UK for the required 3-year period, with absences under 270 days
- A parent’s death certificate if one parent has died, and
- Divorce, dissolution or separation documents if the parents’ marriage or civil partnership has legally ended
British citizenship registration under Section 3(2)
British citizenship registration under Section 3(2) requires the British parent had lived in the UK for 3 years at some time before the child birth with absences less than 270 days each year. It also requires that one of the child’s grandparents was a British citizen otherwise than by descent.
Children registered under Section 3(2) become British citizens by descent. This means they cannot pass British citizenship to their own children born abroad unless they meet the relevant requirements in the future.
There are some important differences between Section 3(2) and Section 3(5) to be aware of:
- Section 3(5) requires residence in the UK by both the child and the British parent
- Section 3(2) requires the parent to have completed a residence period in the UK before the child’s birth
- Section 3(5) gives British citizenship otherwise than by descent
- Section 3(2) Requirements under gives British citizenship by descent.
To qualify under Section 3(2), the following requirements must be met:
- The child was born outside the UK
- Either parent is a British citizen by descent when the child was born
- The parent has lived in the UK for 3 years at any time before the child’s birth.
- The parent must not have been absent from the UK for more than 270 days during each of the 3 years.
- One grandparent must have been a British citizen otherwise than by descent.
- Both parents must consent to the application.
Note: for children born on or after 21st May 2002, the parent can meet the 3-year residence requirement either in the UK or in a qualifying British Overseas Territory.
To make a successful application for a child under this route, you will normally need to provide the following forms of evidence:
- The child’s full birth certificate
- Evidence that the parent was a British citizen by descent when the child was born
- Evidence that the relevant grandparent was a British citizen otherwise than by descent
- The parents’ marriage certificate, if applying through the father
- Passports or documents showing the parent lived in the UK or a qualifying territory for 3 years before the child’s birth, with absences under 270 days, and
- If the child was stateless, official letters confirming they did not acquire any citizenship at birth from either parent’s country.
British citizenship registration under Section 4D
If a child born outside the UK to a parent who is a member of the UK armed forces and was serving outside the UK at the time of the birth can register for British citizenship under Section 4D
To qualify under 4D, the following requirements must be met:
- The child was born outside the UK
- At the time of the child’s birth, a parent was a member of the UK armed forces
- The parent was serving outside the UK when the child was born, and
- Parental consent is required, unless an exception applies. If one parent has died, only the surviving parent’s consent is required. In rare cases, the Home Secretary may waive parental consent entirely if considered necessary.
To make a successful application for a child under this route, you will normally need to provide the following forms of evidence:
- The child’s full birth certificate.
- Evidence that the parent was serving in the UK armed forces overseas at the time of birth, such as a Ministry of Defence service letter.
- Parental consent, or if consent is missing, documents showing why, for example:
- parent’s death certificate
- divorce, nullity, dissolution or judicial separation documents
- other evidence explaining the lack of consent.
British citizenship registration under Section 4F and Section 4G
Section 4F and Section 4G of the British Nationality Act 1981 allow children born outside the UK to unmarried British fathers before 1st July 2006 to register for British citizenship. These were introduced to correct historical unfairness in the law that prevented children of unmarried fathers from automatically acquiring British citizenship.
These routes are available if:
- The child was born outside the UK before 1st July 2006
- The child’s father was a British citizen at the time of the child’s birth
- The father would have been considered the child’s parent if the parents had been married, and
- There is evidence of paternity (e.g. DNA evidence, court orders or birth certificates)
To make a successful application for a child under this route, you will normally need to provide the following forms of evidence:
- Child’s full birth certificate
- Proof of the father’s British citizenship
- Evidence linking the father and child
- Parental consent, where required