When it comes to nationality law, the UK takes a fundamentally different approach than countries like the United States. In the US, the rule of jus soli (right of the soil) means anyone born on US territory is automatically a citizen.

The UK, however, relies more heavily on jus sanguinis (right of blood). Simply being born on British soil does not automatically make a baby British. Instead, a child’s path to citizenship depends entirely on their parents’ immigration status and history.

The British Nationality Act 1981 governs these pathways. For families looking to secure their child’s future, the law divides these routes into two main categories: entitlement (a legal right) and discretion (where the Home Office decides).

Born in the UK: Citizenship and Entitlement to Register

Automatic citizenship via at least one parent

If a child was born in the UK after 1 January 1983, they are only automatically British at birth if at least one parent was:

A British citizen,
Settled in the UK (holding Indefinite Leave to Remain – ILR, or Permanent Residence), or
Serving in the UK Armed Forces.

What if the parents settle after the birth?

If a child is born in the UK to temporary residents (e.g., parents on Work or Student visas) and the parents later obtain ILR or settle, the child doesn’t automatically become British. However, they gain an entitlement to register as a British citizen. This application must be made before the child turns 18, and they must meet the good character requirement if aged ten or over.

What if the child has/I have lived in the UK for 10 continuous years?

Children born in the UK who have lived continuously in the country for the first ten years of their life, with absences not exceeding 90 days per year, are entitled to register as British citizens under section 1(4) of the BNA 1981. The ten-year rule has no age limit; you are eligible to apply as an adult for your own British citizenship.

Case example: Blessing and Oliver, Nigerian citizens, came to the UK in 2020 on a Skilled Worker Visa. They gave birth to their son James in 2021 in Leicester. Since neither of the parents settled in the UK at the time, James was considered a Nigerian citizen, requiring him to apply for a visa to become a dependent child of his parents. However, once the parents apply for indefinite leave to remain (ILR) (currently available after five years for a Skilled Worker), James would then be able to register to become a British citizen. Alternatively, even if the parents did not become settled, James would be able to apply to become a British citizen in 2030, provided he has completed 10 years of continuous residence in the UK.

Children Born Abroad

Children born abroad automatically receive British citizenship if at least one parent has British citizenship. The situation becomes more complex for children born outside the UK. British citizenship by descent generally applies to only one generation, meaning that children born abroad to British citizens by descent do not automatically gain citizenship. However, these children may have the right to register as British citizens if their British parent fulfils specific residency requirements in the UK or qualifying territories before the child’s birth. Parents must make this application while the child is still a minor.

Case example: Sarah is a British citizen, as she was born to two parents with permanent residence in the UK. She moved to Lithuania in 1995, where she gave birth to her daughter. Her daughter Sofia automatically became a British citizen, regardless of where she was born. However, in 2025, Sofia had a child of her own in Lithuania. This child would not be able to automatically attain British citizenship.

The Secretary of State Discretion (Section 3(1) BNA 1981)

If a child doesn’t have an automatic legal entitlement, the Home Office still holds discretionary power to grant citizenship under Section 3(1) of the Act if they “think fit.” When deciding these cases, the Home Office is legally bound by Section 55 of the Borders, Citizenship and Immigration Act 2009 to prioritize the best interests of the child. Common discretionary scenarios include:

Children who have lived lawfully in the UK for a long time (typically over 10 years) but don’t meet the strict 10-year birth rule.
Complex international surrogacy arrangements where the intended parents are British.
Cases involving serious child welfare or exceptional compassionate grounds.

Important Practical Hurdles for Parents

If you are preparing an application for your child, keep two major factors in mind:

The Good Character Requirement (Age 10+): If the child is 10 years or older at the time of application, they must pass a “good character” assessment. The Home Office has significantly tightened these guidelines recently, looking closely at criminality, financial behaviour, and any irregular entry or historical immigration breaches. For more information, read our article here.
The Cost Barriers: As of recent updates, the fee to register a child is £1,214. Because this fee has historically been a massive burden for low-income families, fee waivers are now available if you can prove that paying the fee would compromise the child’s essential needs or push the family into financial hardship.

Summary

The UK’s approach to citizenship is highly regulated, placing parental status and continuous residence at the centre of the equation. Navigating these routes can be stressful, but understanding whether your child has a concrete legal right or requires a discretionary application is the vital first step to securing their British passport.

IF YOU HAVE BEEN AFFECTED BY ANY UK IMMIGRATION MATTER, PLEASE CONTACT SOLICITOR TITO MBARITI, A UK IMMIGRATION AND HUMAN RIGHTS SOLICITOR, FOR A FREE INITIAL ADVICE ABOUT YOUR LEGAL OPTIONS.

You may contact us by filling out our Quick Enquiry form at any time you need professional support or have any questions. Alternatively, you can call us during office hours on 07544669131 / 0116 3800 744.

Cross Border Legal Solicitors Ltd is a UK Solicitor law firm regulated by the Solicitors Regulation Authority. It is headed by Mr Tito Mbariti, a UK Immigration and Human Rights Solicitor, practising lawyer and member of the Law Society of England and Wales.