British Citizenship By Automatic Acquisition: FAQs

• Published date: 18 July 2022
• Subject Matter: Immigration, General Immigration
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Ms Tabitha Everett

In this article we provide guidance on when an individual may have an automatic claim to British citizenship.

What is British Citizenship by Automatic Acquisition?

Many people acquire British citizenship without having to make any sort of formal application. This is known as British Citizenship by Automatic Acquisition. If you have British Citizenship then you can enter and reside in the United Kingdom free from immigration restrictions. If you are applying for a British passport, you will need to prove that you qualify for British citizenship.

Who Qualifies for British Citizenship by Acquisition?

Section 1(1) of the British Nationality Act 1981 sets out when a person will qualify for British Citizenship by Acquisition. A person born in the UK between 1 January 1983 and 30 June 2006 (inclusive) is a British citizen if, at the time of their birth one or more of the following applies:

• their parents are married and either parent is a British citizen
• their parents are married and either parent is settled in the UK
• their parents are unmarried and their mother is a British citizen
• their parents are unmarried and their mother is settled in the UK

Please note you may still be able to register as British if you were born before 2006, your parents are unmarried and your father is British or settled. You can read more about registration here.

A person born in the UK on or after 1 July 2006 is a British citizen if, at the time of their birth, one or more of the following applies:

• either parent is a British citizen
• either parent is settled in the UK
• either parent is a member of the armed forces and the person was born on or after 13 January 2010

If a child is born after 2010, they will be eligible for British citizenship if:

• their parents are married and either parent is a member of the armed forces and the person was born on or after 13 January 2010
• their mother is a member of the armed forces and the person was born on or after 13 January 2010.

Under The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021, a person born in the UK from 1 July 2021 onward, who is otherwise not a British citizen, will become one automatically where:

• their parent is successful in being granted Indefinite leave to Remain under the EUSSafter the child's birth; and

• the application was submitted by 30 June 2021, by a parent who did hold permanent residence, but had not been resolved at the point the child is born.
• the application is submitted...