British Citizenship for Children of EU Nationals in the UK
Up-to-date guidance for EU families on children’s citizenship after Brexit
Children of EU, EEA or Swiss nationals may qualify for British citizenship automatically at birth or later through registration, depending on their parents’ immigration status, place of birth, and residence history.
At Immigration Solicitors UK, we advise EU families across the UK on how to confirm or register their child’s British citizenship correctly.
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Up-to-date guidance for EU families on children’s citizenship after Brexit
Children of EU, EEA or Swiss nationals may qualify for British citizenship automatically at birth or later through registration, depending on their parents’ immigration status, place of birth, and residence history.
At Immigration Solicitors UK, we advise EU families across the UK on how to confirm or register their child’s British citizenship correctly.
Key Legal Clarifications
Automatic Citizenship Post-Brexit
A child born in the UK on or after 1 July 2021 is automatically a British citizen if, at the time of birth, at least one parent held Settled Status (Indefinite Leave to Remain) under the EU Settlement Scheme.
If the parent only held Pre-Settled Status, the child is not automatically British and must usually be registered later.
Automatic Conversion to Settled Status (New for 2025)
Since January 2025, the Home Office has begun automatically converting many eligible Pre-Settled Status holders to Settled Status once they complete five years of residence.
If a parent’s status was upgraded after the child was born, the child was not British at birth but can normally register later under Section 1(3) once the parent becomes settled.
Late EUSS Applications
Where a parent obtained Settled Status through a late application accepted on “reasonable grounds,” the Home Office may treat the child as British from birth if the parent satisfied the conditions for Settled Status by 30 June 2021.
A child is automatically British at birth if they were born in the UK and at least one parent was:
- A British citizen, or
- Settled in the UK (for example, held Settled Status, Indefinite Leave to Remain, or permanent residence)
In these cases, parents can apply directly for a British passport with:
- The child’s full birth certificate
- Evidence of the parent’s settled or British status at the time of birth
When a Child Must Be Registered as British
If a child was not automatically British at birth, they may still become British through registration. The route depends on their circumstances under the British Nationality Act 1981.
Section 1(3) – Parent Later Becomes Settled or British
A child born in the UK can register if:
- A parent has since become settled or British
- The child is under 18 when applying
- The child is living in the UK
Section 1(4) – The 10-Year Residence Rule
A child born in the UK and resident for the first 10 years of their life can register regardless of their parents’ status.
Conditions:
- The child must not have been outside the UK for more than 90 days in any single year of those ten years.
- Applicants aged 10 or over must meet the Good Character requirement.
Section 3(1) – Discretionary Registration
If the child does not qualify under 1(3) or 1(4), the Home Office can register them at its discretion. It will consider:
- Length of residence and immigration history
- The child’s ties to the UK (schooling, community, family)
- The child’s best interests, as required by Section 55 of the Borders, Citizenship and Immigration Act 2009
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Our solicitors provide clear, step-by-step guidance on:
- Confirming automatic citizenship
- Preparing Form MN1 applications
- Checking eligibility under Sections 1(3), 1(4) and 3(1)
- Gathering compliant evidence
- Advising on passport applications after registration
We handle both straightforward and complex post-Brexit citizenship cases for EU families.
- Confirm eligibility – establish the correct route (1(3), 1(4) or 3(1)).
- Complete Form MN1 – the Home Office form for registering children under 18.
- Submit supporting evidence and biometric data (if required).
- Pay the fee – Home Office fee is £1,214.
- If the child turns 18 during the process, a £130 citizenship ceremony fee applies.
- Fee waivers may be available if the family cannot afford the fee.
- Await the decision – most applications take up to six months.
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Children born outside the UK to EU parents are not British automatically.
They may register if a parent later becomes settled or a British citizen, and the family maintains strong UK connections.
Required Documents
Applications must include evidence that meets Home Office standards:
- Child’s full birth certificate
- Passports or ID cards of both parents
- Proof of a parent’s Settled Status, ILR, or British citizenship
- Proof of the child’s UK residence (school, NHS, or council records)
- Evidence of continuous 10-year residence if applying under Section 1(4)
- Certified English translations where applicable
Incomplete or inconsistent documentation can lead to delay or refusal. We review every document carefully before submission.
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Submitting documents of support with the application is an integral part of the immigration process, and these documents must be accurate, complete, and demonstrate that the legal criteria are met. The most common mistakes are the submission of incorrect, incomplete, or non-compliant documents of support. These mistakes primarily consist of the use of outdated documents, the omission of necessary evidence, or the failure to provide certified translations when required.
Indispensable documents:
- The full birth certificate of a child
- Documents that prove that the parents have passports or IDs
- A document that shows that the parent has the status of a settled person, indefinite leave to remain (ILR), or British citizenship
- A document that proves the child’s residence in the UK (school letters, medical records, council tax bills)
- A document that proves continuous residence for 10-year rule applications
Mistakes made in the preparation of documents may result in the postponement or refusal of the application.
ISUK ensures that the documents comply with the Human Rights Office’s conditions and are thoroughly revised before being sent.
Once registration is complete, parents can apply for the child’s British passport with:
- The registration certificate
- The child’s birth certificate
- Proof of identity
Passport applications are separate from citizenship registration and should only be made after citizenship has been formally granted.
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Parent’s Status at Child’s Birth | Child Born in UK | Child Born Outside UK |
|---|---|---|
British Citizen | Automatically British | Automatically British (by descent) |
Settled Status / ILR | Automatically British | Not British – must register/apply |
Pre-Settled Status | Not British – may register later | Not British |
The Home Office is usually comfortable with six months to complete requests for registration of a child as a British citizen. Still, there can be holdups, especially when it comes to discretionary registration or the lack of some paperwork. At such times, new biometric data may be requested, and additional proof may be necessary. To avoid having to repeat the entire process multiple times, you must support your application fully and correctly from the outset. ISUK ensures that all elements are appropriately addressed, thereby facilitating a quick response.
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What We Offer
Our Services
we understand that immigrating to a new country is a significant
decision that comes with its own set of challenges.
Family Visas
Partner Visas
Settlement in the UK
Settlement of EEA Nationals
British Citizenship and The Right of Abode
Challenge a Refusal
Removals/Deportations
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Sponsor License for a UK Business
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Student Visas
Popular Work Visas
Other work visas and permits
Visas without a job offer
Work for an overseas employer
Temporary work visas
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Contact Immigration Solicitors UK
If your child was born in or outside the UK and you are an EU, EEA or Swiss national, contact Immigration Solicitors UK for expert advice on securing British citizenship for your child.
Children of EU nationals could register as British citizens if they have fulfilled all the relevant legal conditions. The significant factors that determine a child’s eligibility for British citizenship are their place of birth, the parents’ immigration status at that time, and the period of residence in the UK.
FAQ
Frequently Asked Questions
Is a child born in the UK automatically British?
Yes, if at least one parent was settled or British at the time of birth.
What if the parent only had Pre-Settled Status?
No. The child must be either a British citizen by birth or must have received a registration certificate before applying.
Can a late EUSS application affect citizenship?
Yes. If the parent later receives Settled Status and met the qualifying conditions by 30 June 2021, the Home Office may recognise the child as British from birth.
What is the fee for registration?
£1,214 as of 2025, plus £130 if a citizenship ceremony is required. Fee waivers are available in hardship cases.
What if the child turns 18 before applying?
Registration must be completed before 18; otherwise, the person must apply for naturalisation.
