The entitlement to British citizenship for children born in the UK can vary significantly depending on the immigration status of their parents at the time of the child’s birth.
Here’s a detailed look at the differences between children born to settled parents and those born to parents who became settled after the child’s birth.
Children Born to Settled Parents:
- Definition of Settled parents: Settled parents typically refers to individuals who have indefinite leave to remain (ILR) in the UK, meaning they have the right to live in the UK without any time restrictions or are British Citizens.
- Entitlement to Citizenship: Children born in the UK to parents who are settled or are British Citizens at the time of the child’s birth automatically acquire British citizenship.
- Children will be eligible to apply for a British Passport directly.
Children Born to Parents Who Became Settled After Birth:
- Birth Before Settlement: If a child is born in the UK to parents who are not settled (e.g., on work visas, student visas, or other temporary statuses) at the time of birth, the child does not automatically acquire British citizenship.
- Acquisition of Citizenship Post-Birth: If one of the parents subsequently obtain settled status (ILR) after the child’s birth, the child can apply for British citizenship.
- Parents can apply for the child’s registration as a British citizenship with the Home Office before the child will be eligible to apply for a British Passport
In summary, children born in the UK to settled parents automatically receive British citizenship, whereas children born to parents who gain settled status after the child’s birth do not have automatic citizenship. Instead, they may qualify for citizenship later, depending on their residency and their parents’ immigration status at the time of application. This distinction is crucial for parents in understanding their child’s citizenship rights and the necessary steps to secure those rights.