Ask Emma | Spring 2025

As President Trump seeks to end birthright citizenship in the United States of America, this Ask Emma segment will be a British citizenship special! 

For nearly 160 years, the 14th Amendment of the US Constitution has established the principle that anyone born in the country is a US citizen by birth. Birthright citizenship, or jus soli (right of the soil) is not the norm globally.

In fact, in Europe, Ireland was the last country to allow unrestricted jus soli. It abolished the policy after a June 2004 poll approved a constitutional amendment requiring at least one parent to be a citizen, permanent resident, or legal temporary resident. This step was taken to try to reduce birth tourism; the practice of traveling to another country for the purpose of giving birth in that country.

In the United Kingdom, being born in the UK is a relevant factor in determining whether a child is British by birth or may have an entitlement to be registered as a British citizen. This is not the only factor however, and the status of the child’s parents at birth and during their childhood, amongst other factors, also need to be taken into account.

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My child was born in the UK. Will they be a British citizen? 

This is a question which clients often ask. Unlike countries like the US, children born in the UK are not always automatically entitled to British citizenship. 

The eligibility for British citizenship for a child born in the UK depends on several factors, including the parents' circumstances. A child born in the UK is automatically a British citizen if at least one parent is a British citizen or settled in the UK when the child is born. Settled means having no time limit on your stay in the UK. This status is called indefinite leave to remain (ILR). 

If neither parent was British or settled at the time of the child’s birth, then the child will not be British from birth. However, they may be entitled to be registered as a British citizen during their childhood in certain circumstances. One common set of circumstances which provide a child with an entitlement to be registered as a British citizen is when one or other of their parents becomes British or settled while the child is still a minor. This means that the parent obtains British citizenship or ILR. 

When applying to be registered as a British citizen, you will need to demonstrate that the child was born in the UK and demonstrate that one parent has become British or settled. If the child is over 10 years old, they must be ‘of good character’. A child will usually be considered to be of good character unless they have a criminal conviction. Minor criminal convictions should be declared but may be disregarded. You will also need two referees to support the child’s application to be registered as a British citizen. 

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Advantages of Registering a Child as a British Citizen

The decision about whether to register a child as a British citizen can weigh heavily on a parent. 

Here I consider some of arguments for and against securing British citizenship. 

Full Citizenship Rights:

• Voting Rights: British citizens can vote in all UK elections and referendums.
• Consular Services: British citizens can benefit from access to consular services overseas. 

Security:

• Permanent Status: British citizenship provides a more secure status than ILR, which can be revoked under certain circumstances. ILR can be lost following an absence from the UK of over two years. It can be revoked if a person commits a serious criminal offence. British citizenship cannot be lost following absence from the UK. The criminality threshold for the deprivation of British citizenship is much higher than for ILR.
• Protection from Deportation: British citizens are protected from deportation, unlike ILR holders who can be deported under certain circumstances such as following a conviction for a serious criminal offence.

Travel Flexibility:

• Passport: British citizens can obtain a British passport, which allows for visa-free or visa-on-arrival access to many countries, including European countries.
• No Residency Requirements: British citizens can live outside the UK without losing their citizenship status.

Educational Benefits:

• Home Student Fees: British citizens are automatically eligible for home student fees and student finance without needing to meet additional residency requirements.

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Rights held by persons with indefinite leave to remain and British Citizenship

For many people holding ILR is sufficient as holders have a secure status which gives them many of the same rights as British citizens. 

• Work and Study: Holders of indefinite leave to remain and British citizens have the right to live, work, and study in the UK without any immigration restrictions.
• Home Student Fees: A holder of indefinite leave to remain and a British citizen are both defined as a home students and therefore eligible for home student fees and student finance. People with indefinite leave to remain need to meet certain residency requirements.
• Public Services and Public Funds: Holders of indefinite leave to remain and British citizens have full access to public services and benefits, including healthcare and education.

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Disadvantages of Registering a Child as a British Citizen

Cost and Process:

• Application Fees: The process of registering a child as a British citizen can be costly. As of the latest guidance, the registration fee is £1,214 per child plus legal costs.
• Time-Consuming: The application process can be complex and lengthy. A typical application will take 3 months to decide, but this period can be much longer on more complex applications. 

Dual Nationality Considerations:

• Restrictions: While the UK allows dual nationality, not all countries do. This could lead to complications if the child’s original country does not recognise dual nationality. Depending on the laws of the child's country of origin, acquiring British citizenship might result in the loss of certain rights or benefits in that country and could result in the loss of their original or subsequently obtained citizenship.

Cultural and Identity Factors:

• Identity: The child may face challenges related to cultural identity and integration, especially if they have strong ties to their country of origin.