We’re here to help you in person, via the phone or online. This means that they can’t pass citizenship to their children. If the child had British citizenship at birth then a passport can be obtained to prove this You may also be asked to pay £19.20 to have your fingerprints and photos taken. Both parents are also required to provide their personal information and their consent. To ensure your child is able to stay in the UK and grow up, you will need to first receive settled status or British Citizenship. Contact us on 0333 363 8577 today or make an enquiry online to start your child’s application for British citizenship by birth or for more information from one of our expert immigration lawyers. Our Flagship London Immigration Lawyer office is open for business as usual. For a child to be registered as a British citizen at birth, one or more parents will need to hold British Citizenship or ‘settled status’. If someone is British by descent, they cannot pass British citizenship onto their children who are born outside the UK. The law is applied as follow: You can register for citizenship by descent either online or submitting a paper application on Form MN1. Designed to make your visa application as smooth and stress-free as possible. Section 5 of Form MN1 must be completed with the details of your referees. Only applicants aged 18 or above can naturalise as British Citizenship. In fact, this document merely records the UKVI’s assessment of a person’s nationality status. Your legal advisor will then complete and submit your forms to the Home Office on your behalf. For those of you that have a UK born grandparent(s), we have three solutions that could apply. The HM Passport Office will get in touch with your referee as a part of your passport application process. Speak to our experts to learn how we can help you complete your citizenship by birth application. Have lived in the UK until you were 10 or older. Read more about British Nationality by Birth. Only the courts can determine conclusively whether someone officially holds British citizenship. Morton Fraser LLP accepts no responsibility for the content of any third party website to which this webpage refers.  Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority. Children who were born in the UK from non-British nationals will be entitled to register for citizenship as soon as their parents acquire ILR or Settlement Status. Following this ceremony, they will be presented with their certificate of Naturalisation and will be able to apply for a British passport. This person must be a British citizen, have known you for at least 2 years and work in a recognised profession. The complexity in this area is best demonstrated by a case study (followed by a diagram below). To apply for a passport for your children, you will need the details and the signatures of both parents or any person with parental responsibility. In 2007 the couple had another daughter, Jill. If you have not lived in the UK for five years or more before your child is born, you may still be able to apply after five years. A status letter must not be confused with a certificate of nationality. We know that applications to a register as a British citizen are very serious. At IAS, our lawyers can guide you and your family through each step of your British citizenship by birth application. Only applicants aged 18 or over are required to take an Oath to receive their citizenship certificate. The application to register as a British citizen is separate from settled status. When I receive enquiries of this nature, my starting point is always to consider the British nationality of the parents. To qualify for British Passport you must first be a British Citizen. This process is a tad simpler in comparison to achieving citizenship via grandparent(s) ancestry. You will have been classified as British Otherwise than by Descent, can hold a British Passport, and can pass British Nationality to your children, irrespective of where these children are born. Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. Call our immigration experts or enquire online to start your child's application for British citizenship. A child passport is valid for 5 years. Children born on or after 30 April 2006 can obtain a British passport if they can provide evidence their parent has been resident in the UK exercising Treaty Rights (i.e. Our team are experts at cutting through the confusion and providing clear advice on whether someone is a British national or not. Certified copies and photocopies are not accepted and will make your application invalid. To ensure that you hold British nationality, you can ask for a letter of confirmation of your status. for the 2015 EMMA awards - both for Immigration Provider of the Year and also, an individual award for Stuart McWilliams, Global Mobility Rising Star of the Year. As Jane was born outside the UK she is British by descent, but is still automatically British.Â. Until one or both of the parents apply for citizenship, a child born outside the UK to non-British parents is not able to apply for citizenship. First child is 5 year old Born in India Currently on ILR Outside of India for more than 200 days over last 3 years ( as he was with him mom when the second one was born) Indian passport expiring end of FEB 2014 My queries 1.Which section of British nationality act can i apply for citizenship for him please. They married in 1980 and had a son, John in 1983 while they were living in Edinburgh. If one of the parents is British by naturalization or by being born in the UK, the child is "British by decent" and can immediately apply for a British passport. Our lawyers have already helped several families to settle in the UK, and are happy to review your case and discuss your options for registering your children as British nationals. We can help with passport applications for those who are automatically British, and we can assist with registering non-British children as British citizens.  For further information please contact Stuart McWilliams or Averil Trimble. Evidence that your child is a British national. To get your child an NZ passport, you need to register their citizenship. This is regardless of the child’s place of birth, or whether your parents were married at the time of the child’s birth. "My application was approved and a huge weight has been lifted from our shoulders this year ", "I'm very happy with the standard of training received on the OISC Level 1 course, i passed my exam. If you’re travelling to the EU, Switzerland, Norway, Iceland or Liechtenstein on or after 1 January 2021, you may need to … Generally, this would happen where the child is born in the UK to a mother or father, either of whom is either British or settled in the UK at the time of the child’s birth. You are not alone and we can definitely help. If you are a single parent or you cannot produce details of your child’s biological parents, you must attach to your form a written statement to explain your situation. Children born outside the UK, with British parents, are usually considered "British by descent". All children born after 1983 to a British-born mother would automatically acquire British citizenship from the day they are born. Ensure you have the greatest chance of a successful appeal. British Citizenship at birth is only available to children with a parent who holds British Citizenship or settled status. If a child’s father or mother was born in the UK and is a British Citizen then their children will be British regardless of where they are born. You may be eligible to apply for citizenship if you were born in the UK and are not a British citizen. For a child of non-British parents to receive British Citizenship by birth, at least one parent must have ‘settled status’ in the UK. Before registering your children for British citizenship by birth is only available to children outside! Often apply for a British citizen must hold Indefinite Leave to Remain or … it on. Had a British citizen if neither parent is a British passport for your child does not have the chance... Does not have been involved in or convicted of any crimes to your enquiry on 5 March 2015 use form. And interests you agree that you will need to apply for a father... 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