British Citizenship by Birth Solicitors

What Does British Citizenship by Birth Mean?

British citizenship by birth refers to the right to citizenship for individuals born in the UK under certain conditions. However, simply being born on British soil doesn't automatically guarantee citizenship. The rules are defined by UK immigration laws, and eligibility is largely tied to the legal status of a child’s parents.

Eligibility for British Citizenship by Birth

To determine eligibility, the following factors must be considered:

Parental Status at the Time of Birth:

A child born in the UK is automatically a British citizen if at least one parent is a British citizen or has 'settled status' at the time of the child’s birth.
'Settled status' means the parent has indefinite leave to remain (ILR), settled status under the EU Settlement Scheme, or permanent residency in the UK.

Births Before and After 1 January 1983:

Before 1 January 1983, all children born in the UK were automatically British citizens. This changed with the introduction of the British Nationality Act 1981. Post-1983, parental status became a key determining factor for citizenship.

Children Born to Parents Without Settled Status:

If neither parent has British citizenship or settled status at the time of birth, the child is not automatically a British citizen. However, the child could become eligible for registration as a British citizen later, often if the parents gain settled status or citizenship themselves.

Special Scenarios:

If a child is stateless (i.e., not recognized as a citizen of any country) and was born in the UK, they may have a pathway to British citizenship.
Children born to members of the UK armed forces in certain circumstances may also qualify for citizenship by birth.

Scenarios Requiring Additional Steps

Applicants must prove they are in a genuine and subsisting marriage, civil partnership, or long-term relationship with their UK-based sponsor.

If not already married, the couple should be planning to marry or enter a civil partnership within 6 months of the visa being granted (for Fiancé Visas transitioning to Spouse Visas).

Generally, evidence of living together in a relationship akin to marriage for at least 2 years prior to application can support the claim.

Acceptable evidence includes marriage certificates, shared financial responsibilities, communication records, or proof of cohabitation.

Our British Citizenship by Birth Solicitors are experienced in helping families navigate the complex laws surrounding citizenship by birth. They can advise you on your eligibility and assist with any necessary applications, ensuring the best possible outcome for you and your child.

The 7-Year Rule for Children Born in the UK

Under the UK's immigration laws, children who have lived in the UK for seven years may qualify for permission to remain on the basis that it would not be reasonable to expect them to leave the country. This is often referred to as a “private life” application made under Article 8 of the European Convention on Human Rights, which protects the individual's right to family and private life.

Key Conditions for the 7-Year Rule:

Continuous Residence: The child must have lived continuously in the UK for at least seven years. Breaks in residence may disqualify them from applying.

Best Interests of the Child: The decision to grant a child permission to stay must consider their welfare and well-being. Removing them from the UK after developing deep social, educational, and cultural ties may conflict with their best interests.

Reasonableness: The Home Office will assess whether it is reasonable to expect the child to leave the UK. Factors such as their language proficiency, schooling, friendships, and access to healthcare are considered.

Key Conditions for the 7-Year Rule:

The 7-year rule does not guarantee a grant of permission to remain, as each case is subject to scrutiny based on individual circumstances. Applications under this rule require strong evidence demonstrating the child's integration into life in the UK and why leaving would negatively impact them.

Parents or caregivers of the child may also apply alongside them, provided they can show their role in the child's care and integration into British life.

Applying for British Citizenship for a Child Born in the UK

If your child was born in the UK and is eligible for British citizenship, the process of applying is straightforward but requires careful attention to detail.

Complete the Application Form

To apply, you will need to fill out the relevant form, which is usually Form MN1 for children under 18. This form is used to register the child as a British citizen.

20+ Years of Combined Excellence

We have seen it all – from changes in immigration laws to evolving application processes. Your matter will be in the hands of experienced solicitors who have a deep understanding of UK immigration law and the expertise to guide you through every step.

Once the application is approved, the child will be invited to a citizenship ceremony (required for children aged 10 and over), where they will receive their certificate of British citizenship.

Expert Guidance from British Citizenship by Birth Solicitors –Contact Us Today!

Navigating the intricate rules of British citizenship can be a daunting process, especially when it comes to determining eligibility for British citizenship by birth. At Ali & Barrow Solicitors, our experienced team of British Citizenship by Birth Solicitors is here to provide expert legal assistance tailored to your unique needs.

Whether your case involves complex scenarios such as parental settled status, statelessness, or the requirements for registration, we have the knowledge and expertise to guide you every step of the way. Our solicitors specialize in ensuring that all documentation is accurately prepared and submitted to give you the best possible chance of success.

Don't leave such an important matter to chance. Contact us today to learn how we can help you and your family secure British citizenship by birth.