British Nationality Explained: Birthright, Descent, and Naturalisation

Explore the different pathways to British nationality and citizenship. Learn about the available options, such as birthright citizenship, naturalization, and other routes to becoming a British national. Gain insights into the requirements and benefits of each pathway.

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Explore the different pathways to British nationality and citizenship. Learn about the available options, such as birthright citizenship, naturalisation, and other routes to becoming a British national. Gain insights into the requirements and benefits of each pathway.

Birth

In addition to being born in the UK, you must also take in consideration the date:

  • After 1st January 1983.

At the time of your birth one of your parents must also have either settled status (ILR or EU Settlement Scheme) or British citizenship.

  • Before 1983.

If your child automatically acquires British citizenship at birth you can apply for a UK passport: Getting your first adult passport: Who can apply – GOV.UK (www.gov.uk) or apply for an immigration status letter (Form NS): Nationality Services Base Product (visas-immigration.service.gov.uk).

If your child does not automatically acquire British citizenship at birth you can apply for it, there are different forms depending on whether:

  • You are under 18 years old.

Use Form MN1: MN1 (visas-immigration.service.gov.uk).

  • You lived in the UK until the age of 10.

Use Form T: Nationality – Form T (visas-immigration.service.gov.uk).

The application fee is £1,012 and if you turn 18 when applying £80 will also need to be paid towards a citizenship ceremony.

For more information, please follow this link: Apply for citizenship if you were born in the UK: Who can apply – GOV.UK (www.gov.uk).

Adoption

You will automatically acquire British citizenship for adopted children if either:

  • It is compliant with the Hague Convention and at least one of the parents (adopter(s)) is a British citizen habitually resident in the UK.

This option is for those adopting a child from overseas.

  • Or the court orders the adoption and at least one of the parents (adopter(s)) is a British citizen.

If one of the above applies, then no citizenship application is needed, and a parent may apply for a British passport: Getting your first adult passport: Who can apply – GOV.UK (www.gov.uk).

If neither applies, then a British citizenship application is needed, and the Home Office have discretion on this matter.

Descent

  1. Firstly, you are not eligible for citizenship by descent if your British parent obtained their own citizenship by descent. They must have obtained citizenship ‘otherwise than by descent’ (birth, registration, adoption, naturalisation).
  2. Secondly, you may be eligible if your parents or grandparents obtained citizenship ‘otherwise than by descent’ at the time of your birth. 
  3. Thirdly, the above depends on where you were born and your parents immigration status at that time:
  • Born on or after the 1st of July 2006
  • Born between 1983 and June 2006
  • Born before 1983

If you have automatic British citizenship by descent you can apply for a UK passport: Getting your first adult passport: Who can apply – GOV.UK (www.gov.uk) or apply for an immigration status letter (Form NS): Nationality Services Base Product (visas-immigration.service.gov.uk).

If you do not automatically acquire British citizenship by descent, you can apply/register for it. Select the correct application form depending on your date of birth discussed above: Nationality – UKF (visas-immigration.service.gov.uk).

The application fee is £1,012 and £1,206 for those over the age of 18.

For more information and our comprehensive guide on [British citizenship by descent] please follow this link.

Naturalisation

  • Time spent living in the UK.

For those married to British nationals this must at least 3 years and for the rest of applicants this must 5 years. A record needs to be kept of the time you spent outside the UK to show that this does not exceed the prescribed number of days which is no more than 450 days overseas in the last 5 years and no more than 90 days in the last year.

If you are not married to a British national, you must also possess one of the following for 12 months:

  1. Indefinite leave to remain in the UK (ILR).
  2. ‘Settled Status’ (alternatively ‘indefinite leave to remain under the EU Settlement Scheme’)
  3. Indefinite leave to enter the UK (which is permission to move to the UK permanently from abroad)
  • You must be over 18 years old.
  • You must prove your (spoken and written) knowledge of English, Welsh or Scottish Gaelic.
  • You must have taken and passed the ‘Life in the UK test’.
  • You must be of good character.
  • Provide details of 2 referees.

Apply online for a quicker process: Apply online (form AN) – GOV.UK (www.gov.uk).

Or through post using a Form AN: form-an-06-2022.pdf (publishing.service.gov.uk)

The application fee is £1,330.

For more information and our comprehensive guide on [British citizenship by naturalisation] please follow this link.

FAQs

  • Do I still have to attend a citizenship ceremony when applying for birthright citizenship?

    This depends. You will only have to attend a citizenship ceremony if you turn 18 during your application for birthright citizenship.

  • Which is the best route for me to acquire British citizenship?

    This depends. There are many ways of acquiring citizenship and naturalisation is the most common. But please factor in the time you have spent outside the UK as this may affect your ability to apply under the naturalisation route.

Summary

Some clients automatically acquire British citizenship through the routes discussed above and others do not which means they must make an application. This can be extremely complicated, and the necessary evidence can vary between applicants. It is at the discretion of the Home Office whether to refuse or accept an application.

Please contact our expert team of immigration lawyers at Henleaze Law on 0117 908 4625 for legal assistance. We will review your application for British citizenship and discuss the likelihood of your success. Additionally, we can help build the strongest case for British citizenship appeals.

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