When British Parents Find Out Their Child Is Not Automatically British

By Leena Chouhan, Head of Immigration at Taylor Hampton Solicitors

In this update, Leena explains some anomalies related to parents applying to immigrate with children.

Every so often, a story appears in the headlines about a child of British parents being told they are not automatically British. In fact, for immigration lawyers, the rules are familiar, but for families, the discovery can come as a shock. One recent example was that of a two-year-old girl whose parents were British by descent. The Home Office informed her family that their own daughter was not British and must leave the UK.

While the facts of individual cases can vary, this story highlights a key principle in nationality law. Typically, British citizenship can only be passed down a certain number of generations to children born abroad. The first generation born outside the UK will usually acquire citizenship automatically. The second generation, however, does not. Children in this position may still become British, but only through registration.

Born in the UK

in essence, since 1 January 1983, being born in the UK has not been enough to guarantee citizenship. Actually, at least one parent must have been either a British citizen or “settled” in the UK at the time of birth. Settled status includes indefinite leave to remain, the right of abode, or permanent residence under EU law (for births before 30 June 2021). Therefore, parents with only limited leave, such as a time-limited visa, cannot pass British citizenship automatically in these circumstances.

Born outside the UK

For children born overseas, the position is different again. Here, a British citizen “otherwise than by descent” can pass citizenship automatically to a child born abroad. However, a British citizen “by descent” cannot. This was the case in our example. Her parents were British by descent, so she was not automatically British at birth. The law, set out in the British Nationality Act 1981, makes clear that only one generation of children born abroad can acquire citizenship automatically.

Routes to registration

Children born abroad to British by descent parents do, however, have potential routes to citizenship through registration. There are several provisions under section 3 of the British Nationality Act.

• Section 3(2): This applies where a parent is British by descent but has lived in the UK for three years before the child’s birth and has a British citizen parent who is otherwise than by descent. If the conditions are met, the child has an entitlement to be registered.
• Section 3(5): This route requires the child and parent to live in the UK for three years after the child’s birth. If successful, the child becomes a British citizen otherwise than by descent, which can be more advantageous in the long term.
• Section 3(1): This is a discretionary route. Here, the Home Secretary has wide powers to decide if a child should be registered based on their circumstances, residence, parents’ status, and compassionate grounds.

Whilst each route has specific criteria, families often find the process complex. In practice, the Home Office expects children to have settled status in the UK before applying under section 3(1), though exceptions may be made in compelling cases.

Practical considerations

Registration is not automatic, nor is it guaranteed. It also comes with significant fees, currently £1,214 for a child, on top of any immigration costs for the family. Yet in many cases, registration is the only route for a child of British parents born abroad to secure their citizenship.

Looking ahead

Ultimately, the rules reflect Parliament’s intention that citizenship should not be passed down indefinitely through generations living overseas. To offset this restriction, the UK introduced the Ancestry visa, available to those with a UK-born grandparent, though only from age 17. That offers no comfort to families with very young children like Lucy, who need clarity and stability at a much earlier stage.

For parents, the key message is this: having British citizenship yourself does not automatically mean your child will be British, particularly if they are born outside the UK. If you are in this position, it is vital to seek advice early. Registration may be possible, but the process can be legally intricate and financially demanding.

 At Taylor Hampton Solicitors, we advise families on nationality and immigration issues, including applications for registration and citizenship. Indeed, our case may have captured public attention, but behind it lies a reality we see all too often, meaning families navigating complex rules with significant consequences for their children’s future.