British Citizenship for Children of EU Nationals
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.
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.
About British Citizenship for Children of EU Nationals
In general, the procedure of obtaining British citizenship for children of EU nationals is mainly based on the parents’ immigration status and the situation at the time of the child’s birth, according to UK law. Various EU citizens followed free movement rules and settled in the UK before Brexit. However, after the UK left the EU, the legal basis and rules for registering children of EU nationals changed, necessitating a more in-depth analysis of individual cases.
A child born in the United Kingdom to EU nationals at the moment may be a British citizen by default, or they may be required to register, depending on the time of their birth and whether their parents had local settled, or permanent residency at that time. If the parents did not hold settled status or Indefinite Leave to Remain (ILR) at the time of the child’s birth, the child may not be a British citizen by birth but may be eligible for registration.
Children of EU nationals born outside the UK who later became British citizens can be given British citizenship, but it does not usually happen automatically. In such cases, the most common situation is the granting of registration pursuant to the provisions of the British Nationality Act 1981.
Key points to note:
- The child’s place and date of birth
- The parents’ immigration status at the time of birth
- Whether the child or the parents later acquired a settled status
It is crucial to identify these conditions if you want to find the right approach. ISUK can help you check if you are eligible and complete the entire registration process for you, from start to finish.
Depending on several factors, children of EU nationals may be granted British citizenship automatically or through registration. The path to citizenship will be different if the child was born at a different time and place, and if the parents have a different immigration history. Here are some of the most typical ways of getting citizenship:
Being a Citizen of the UK at Birth
In the case of a child born in the UK to an EU national parent who, at the time of birth, had permanent residence, settled status, or Indefinite Leave to Remain, the child is certainly and directly a British citizen. The registration step is not necessary. In such scenarios, parents can carry out an application for their child’s British passport by submitting the child’s birth certificate and a document certifying the parent’s status at that moment.
Registration According to Section 1(3) of the British Nationality Act
If the child was born in the UK but the EU national parent did not have settled status at the time of birth, the child will not be a British citizen by birth. However, registration under Section 1(3) may be available to the child if the parent obtains settled status or becomes a British citizen by the time of application. The child must not be over 18 years of age at the time of applying and must reside in the UK.
Registration Under Section 1(4) – 10 Years Rule
Children born in the United Kingdom who have lived in the UK for the first 10 years of their lives will be eligible to apply for registration as British citizens, regardless of their parents’ immigration status. This is a simple legal right; however, it must be fulfilled if all residency criteria are met.
Children Born Abroad
EU nationals are those whose children are born outside the UK, and these children will not automatically receive UK citizenship. They may have the opportunity to register if their parents later become British citizens or obtain settled status, and the family continues to maintain strong ties with the UK.
With each one of these routes, there is a need for the most thorough and accurate assessment. ISUK offers legal assistance, which guarantees the identification of the appropriate path and ensures that the application is supported with the proper documentation.
Need urgent help? Call:
Representing EU nationals who wish to obtain British citizenship for their children is the primary mission of ISUK, which offers expert legal services. Immigration solicitors work with families on a one-to-one basis, analysing the specific circumstances of each case to determine whether citizenship is acquired automatically or through registration, and manage the entire application process.
We begin with a comprehensive examination to confirm the child’s legal status, followed by an assessment of the parents’ immigration history. If the registration is necessary, the correct legal route, such as Section 1(3), Section 1(4), or discretionary registration under Section 3(1) is what we will lead you through. We also take care of filing documents, submitting forms, and giving legal representation where necessary.
Our experience with changes after Brexit means that we understand the difficulties faced by EU families. Regardless of whether your issue is simple or has complications, such as being away from the UK, lacking documentation, or having dual nationality, we will assist you in obtaining the best possible outcome for your child.
To register a child for British citizenship, first, you need to determine whether the child is an automatic British citizen or requires registration. If the child is a British citizen by birth, available evidence of birth and the parents’ settled status at the time of birth allow you to apply directly for a British passport.
If the child is not an automatic British citizen, the registration process, using Form MN1, is one option. This means that you have to provide evidence that the parent is settled in the UK or a British citizen, if the child’s residential address is in the UK, and other papers, depending on the selected method. Besides this paperwork, a payment of the government fee and possibly attending a biometric service might be required.
The applications, at the time of submission, should contain all the necessary documents and be prepared in conformance with the law to ensure that there are no rejections or processing time extensions. We at ISUK take this responsibility on ourselves and assure that each stage is done precisely and truthfully without any lapse.
Need urgent help? Call:
Children of EU nationals must legally satisfy specific conditions to register as British citizens, which depend on the route they choose to apply. The main requirements, which are the child’s date and place of birth, their residency in the UK, and the parents’ immigration status, are the basis for the.
Section 1(3) Registration
In order to register under Section 1(3), the child must:
- Be born in the UK
- Have a parent who has become settled or a British citizen since the child’s birth
- Be under 18 at the time of application
- Be residing in the UK when the application is submitted
If the child is therefore, the parent’s subsequent change of status registration will result in the child obtaining British citizenship.
Section 1(4) Registration – 10-Year Rule
Children who were born in the UK and who, after that, have been living in the UK continuously, have lived there for the first ten years of their lives.
- The child must have spent no more than 90 days outside the UK in any of those 10 years
- There is no requirement for the parent to be settled or British
- The child must be under 18 when the application is made
The criteria must be fulfilled for the said entitlement and the Home Office non-issue.
Discretionary Registration Under Section 3(1)
Those children who are not eligible under the terms of 1(3) or 1(4) sections can still be registered under Section 3(1) on a discretionary basis. The Home Office looks at conditions that include:
- Duration of stay in the UK
- Parents’ immigration history
- Child’s connections to the UK, such as education and community involvement
Every application must be supported by solid proof and a legal case demonstrating that registration is in the child’s best interest.
Need urgent help? Call:
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.
A child who has been recognised as a British citizen—either automatically or by registration—is entitled to apply for a British passport. The method varies slightly for each child in how they obtained their citizenship.
If Automatically British
Send the passport application form along with the following documents:
- Child’s birth certificate
- Parents’ proof of settled status or British citizenship at the time of birth
- Proof of identity and supporting documentation as required
If Registered as a British Citizen
When the Home Office provides a registration certificate, be sure to wait for it before you send in your passport application along with:
- The certificate of registration
- Child’s birth certificate
- Identity documents and photographs
- Any other documents requested by the HM Passport Office
It is essential to note that the passport application process differs from the registration process, and one should only proceed after citizenship has been officially confirmed.
Need urgent help? Call:
When choosing the legal route to register a child as a British citizen, the evidence provided must be directly related to the selected route. For example, Section 1(3) applications require a parent’s proof of settled or British status, whereas Section 1(4) requests very detailed evidence of 10 years of uninterrupted residence.
This might be NHS records, school attendance reports, tenancy agreements, or council tax records. Names, addresses, and dates must be consistent. Missing parts of the timeline or conflicting evidence may slow down the process or even lead to rejection.
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.
Need urgent help? Call:
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
Asylum/Human Rights
Sponsor License for a UK Business
UK Business Visas
Student Visas
Popular Work Visas
Other work visas and permits
Visas without a job offer
Work for an overseas employer
Temporary work visas
UK Visit Visas
Which Form is Used to Register as an EU National in the UK?
Form MN1 must be used if you decide to register a child as a British citizen. This form is used for all children under 18 years, irrespective of whether they are applying under Section 1(3), 1(4), or 3(1). The form must be filled out correctly, and the necessary documents must be submitted along with the Home Office fee.
Applications can be filled in and submitted electronically or by post, but signing in with biometrics will still be required. Incomplete forms or those with errors, as well as supporting documents, may result in a refusal or delay in the process. ISUK is an organisation that offers professional assistance with the preparation and submission of the MN1 form. They help you fill in all the necessary parts correctly and meet the criteria.
FAQ
Frequently Asked Questions
If a child is born in the UK, is he/she a British citizen by default?
Only if at least one parent was settled or had permanent residence status at that time.
Can I apply for a passport for my child if they are not yet registered?
No. The child must be either a British citizen by birth or must have received a registration certificate before applying.
Is it necessary to get legal advice when registering my child?
Although it is not a legal requirement, it is highly recommended to avoid unnecessary delays and refusals, especially if your case is a difficult one.
Can a child born abroad to EU parents be British?
The answer is that in most cases, the child will not be a British citizen by birth. Registering will be an option for the child only if the parents subsequently become British citizens or have settled in the UK.
What will happen if I am unable to register my child before they turn 18?
A child cannot be registered after he/she become an adult (18 years old), therefore, naturalisation would be the only option.
Is it necessary for the child to be present at the biometrics appointment?
In most cases, biometric data is required, regardless of the child’s age, as it forms the basis of their application process.
