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Giving Birth to a Child in the UK

By: Louise Smith, barrister - Updated: 18 Aug 2017 | comments*Discuss
 
Giving Birth To A Child In The Uk

Prior to 1 January 1983 almost any child born in the UK automatically acquired British citizenship. Since then the rules have changed. A child born today in the UK will only have British citizenship if at least one of their parents is a British citizen or was living in the UK with permission to stay here permanently.

Children Born to Citizens of the European Economic Area

Children born in the UK to citizens of the European Economic Area may be British citizens depending on when they were born. Children born:
  • From 1 January 1983 to 2 October 2000 will be British citizens if either parent was living in the UK at the time;
  • From 2 October 2000 to 29 April 2006 will only be British citizens if at least one parent had obtained indefinite leave to remain or the unconditional right to permanent residence in the UK prior to the birth;
  • On or after 30 April 2006 will be British citizens if at least one parent lived in the UK continuously for five years pursuant to their rights under European law prior to the birth.
Similar rules apply to children of Swiss citizens born in the UK from 1 June 2002 onwards.

Registering Children as Citizens

In some circumstances the parents of children under the age of 18 may be able to register their children as British citizens using form MN1. In some cases this will be an automatic right and in others it will be up to the discretion of the UK Border Agency. The following categories of children may be entitled to be registered as British citizens:
  • Children born to parents who subsequently acquire rights of permanent residence or British citizenship are entitled to be registered as British citizens;
  • Children who were born in the UK after 1 January 1983 and lived in the UK for the first 10 years of their life will be entitled to register as British citizens;
  • A child born prior to 1 July 2006 whose British father was not married to the child’s foreign national mother may be entitled to register as a British citizen.
  • Children born in the UK to parents who are neither British citizens nor permanent residents may be entitled to register as citizens if the parents can satisfy the authorities that there is a good reason why the child should be registered as a British citizen.

Children Born Abroad to British Citizens

The rules on whether a child born abroad to parents who are British citizens are complex. Whether such a child will be entitled to citizenship will depend on when the child was born and the type of citizenship that the parents have. In cases where the child’s parents acquired citizenship as a result of their own parents’ citizenship, rather than in their own right, they may not be able to pass their citizenship on to a child born outside of the UK.

Hospital Treatment in the UK

Full-time residents of the UK are entitled to free medical treatment from a General Practitioner (GP) or in a National Health Service (NHS) hospital. This would include pre- and neo-natal treatment. Visitors from the European Economic Area may be entitled to free treatment under European law. Some foreign nationals who are temporarily in the UK may be able to register with a GP and receive free treatment but it is usually up to the individual GP whether they agree to this.

Anyone in the UK is entitled to receive free emergency health care in the Accident and Emergency department of an NHS hospital. Family planning services are also available for free to anyone.

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Myself and my wife are Indian citizens. My son was born and brought up in India and was a Indian citizen.He did his post graduation in Uk and has taken British citizen.His wife is also a Indian born Indian citizen later take up British citizen . Now my humble enquiry is ,are we (myself now my wife) eligible to get British citizenship or preferably a long term visa to stay with my son. Look forward to a studied response
Harry - 18-Aug-17 @ 10:05 PM
Hi, my daughter is UK born 2013.but at that time we were there with student visa from 2011. In April 2013 we came back India when our visa was finished not overstay there.my daughter's birth certificate of UK. Can we have any opportunitie to go in UK or not . My daughter's birth certificate is beneficial for her or not. Please reply.
Raman - 18-Aug-17 @ 9:20 AM
Hi, My husband and I are Canadian citizens on a Tier 2 visa. We recently had a baby who was born in the UK and I have a few questions regarding his visa requirements: 1. We have applied for his passport from the Canadian Government but it has not yet arrived, do we need his passport for his Visa Application or is his long for birth certificate and our passports sufficient? 2. As a Canadian Citizen he is technically allowed to enter the UK as a visitor for 3 months without obtaining a visa, therefore if we get his passport are we able to go on a short trip with him prior to his visa being approved? I have looked all over the internet for answers to these questions but cannot seem to find any, if you are able to assist it would be extremely helpful. Thank you so much!
JM - 12-Aug-17 @ 4:37 PM
Mav - Your Question:
I am studying in UK, if I should have a baby here, do I need to pay health surcharge and visa for my baby?

Our Response:
All non EEA persons applying for visas to come to the UK for more than six months will be required to pay a charge to cover National Health Service (NHS) healthcare in the UK. The payment will go directly into the NHS and applicants will be entitled to receive the same cover as a permanent UK resident. If this refers to you, then you would automatically be able to access NHS. If you are an EU member studying in the UK, please see NHS link here .
AboutImmigration - 10-Aug-17 @ 10:15 AM
Hi I was born in the UK in 1985. I have never had contact with my birth mother so I do not have any idea on her status. As for my father he was working and living in the UK approximately 10 to 15 years before my birth and he is a Pakistani national. I am trying to understand what the term refers to as settled? I read in an article in the independent that it means that my father was living here 5 years before my birth. If so, I qualify as a british citizen? And if not what am I? Stateless?
Asif - 8-Aug-17 @ 11:25 PM
I am studying in UK, if i should have a baby here, do I need to pay health surcharge and visa for my baby?
Mav - 8-Aug-17 @ 4:11 PM
I was born in the Uk in 1986 to non British citizen parents and none of my parents nationalised or had permanent stay and I have been living here for the past 17 years but I spent 14 years living in Cameroon but I was here till I was 2 years old then I left. Can I still apply for British citizenship?
kwame - 7-Aug-17 @ 1:02 PM
Mara - Your Question:
Hello. My father is a citizen in the UK for 17 years now. How long would it take for him to file for me an would I become a permanent resident in the UK if it happens?

Our Response:
It is difficult to answer your question as you have given no information with regards to your own situation. Are you an adult or child? Are you currently in the UK on a visa - if so which one? Are you living in the UK? Are you an EU-member or from outside the EU? You would have to give more information if you wish us to help.
AboutImmigration - 7-Aug-17 @ 11:03 AM
Hi, I was born in the UK, in 1995 to a Portuguese mother and a British father whom were not married at the time of my birth, I do not currently hold a British passport nor have I have I ever left the country. Am I classified as a British citizen?
Nat - 5-Aug-17 @ 11:23 PM
Hello..... My father is a citizen in the UK for 17 years now..... How long would it take for him to file for me an would I become a permanent resident in the UK if it happens?
Mara - 4-Aug-17 @ 5:30 PM
Yas - Your Question:
Hi. My baby was born here in the U.K. My husband is British citizens (born in the U.K. with British parents) and I have an indefinite leave to remain status here. Does my baby automatically get a UK citizenship and passport or do we have to apply for his citizenship and pay for the fee before we can apply for his British passport?

Our Response:
Your child will automatically be considered a British citizen.
AboutImmigration - 3-Aug-17 @ 3:46 PM
I am a belgiun nationality My wife is from kygysztan My daughter was birn here in England 23/03/2017 My wife got a 5years card after giving birth I need to kno which status my daughters gonna have Can i apply for the british citizenship ?
Aadi - 3-Aug-17 @ 2:38 PM
Hi. My baby was born here in the U.K. My husband is British citizens (born in the U.K. with British parents) and I have an indefinite leave to remain status here. Does my baby automatically get a UK citizenship and passport or do we have to apply for his citizenship and pay for the fee before we can apply for his British passport?
Yas - 3-Aug-17 @ 2:49 AM
My friend has been in the country for almost 10 yrsher and her partner are Chinese they have 4 children all born in the U.K. age 7,5,2,1 years is it true she has to pay for permanency if she is unemployed . She has been told it is £2300 each person please respond
Joy - 2-Aug-17 @ 12:11 AM
benz - Your Question:
Hi. I am holding a British passport but I hav to apply for my family. From india.i have 2 boys.both are under age still I have.to pay NHS fees for my kids plz let me know through mail. Thanx

Our Response:
You may need to pay a healthcare surcharge (called the ‘immigration health surcharge’ or IHS) as part of your immigration application. Please see link here for more information.
AboutImmigration - 1-Aug-17 @ 10:22 AM
Hi. I am holdinga British passportbut I hav toapplyformy family. From india.i have 2 boys .both are underage still I have.to pay NHS fees formy kids plz let meknowthrough mail. Thanx
benz - 30-Jul-17 @ 9:19 PM
Hello. I live and work in UK since 2010. I have a son born 9/11/2012 and daughter born 3/6/2017. can I apply for British passports for them? What documents I need to send? Do I need p60 for 5 years? Thanks for answer
Milbutux - 29-Jul-17 @ 10:40 AM
Hi. My husband is Portuguese and I'm South African. Before we could get married in 2005 my husband had to apply for a resident permit, in order for me to receive a stamp in my passport saying I can stay in the uk due to him being in EEA. After 5 years I then got a resident document. My question is, my son was born in July 2006. Does he automatically get citizenship seeing my husband had a resident permit prior to his birth?
Shepol - 28-Jul-17 @ 12:32 AM
Jaffro - Your Question:
Hello I hope you can help please. I'm expecting my baby very soon and wanted to know how can I apply for British passport. I'm Polish with PR certificate and my husband is Italian born in UK after 1982 with a stamp in his Italian passport confirming UK residency. I'm not sure if I should apply for passport using passport application or should I fill in something else first and then apply for passport. It's all very confusing. Your help would be much appreciated.

Our Response:
EU members who have been continuously living here for five years will be able to apply to stay indefinitely by getting ‘settled status’. If you have permanent residence status you can apply via the gov.uk link here.
AboutImmigration - 25-Jul-17 @ 2:47 PM
Hello I hope you can help please. I'm expecting my baby very soon and wanted to know how can I apply for British passport. I'm Polish with PR certificate and my husband is Italian born in UK after 1982 with a stamp in his Italian passport confirming UK residency. I'm not sure if I should apply for passport using passport application or should I fill in something else first and then apply for passport. It's all very confusing. Your help would be much appreciated .
Jaffro - 25-Jul-17 @ 12:01 AM
I knew that a child born in the UK can apply for British passport when turns 7 years regardless of his/her status and parent status , is that changed to 10 years ?? Because I read on the home office website that when that child is 10 years !
Dodo - 24-Jul-17 @ 5:02 PM
Y.M - Your Question:
Hi I am Canadian citizen and I am visiting my mom in UK if I give a birth to my child in uk would the child get a British citizen

Our Response:
Unless you or your child's other parent are British citizens, then your child would not be classed as a British citizen.
AboutImmigration - 24-Jul-17 @ 2:46 PM
Hi I am Canadian citizen and I am visiting my mom in UK if I give a birth to my child in uk would the child get a British citizen
Y.M - 22-Jul-17 @ 10:39 PM
@Angela your child born in the UK will only be a British citizen if you or your husband are permanent residents in the UK. You can apply for a passport using govuk. If your child is not born in the UK, the child will only be eligible to register as a British citizen once you or your husband naturalize as British citizens.
TJ. - 22-Jul-17 @ 4:03 PM
@Sivuyile Galada all British citizens have a right to enter the UK without any immigration restrictions. You will however need parental consent to travel with the child to the UK. I am also aware that South Africa has more requirements for children travelling without parents.
TJ. - 22-Jul-17 @ 3:57 PM
Hi My baby due date is 03/09 I would like to know what should I do before or after he will be here. I'm Italian and my husband Indian. I've got the temporary residence certificate and my husband the 5 years visa. Soon he will apply for the permanent one. We want to go in Italy to visit my mom after few weeks. I know already I have to register him of course. But for the passport I don't have any idea about what to do or where to go. Can you help me please?
Angela - 22-Jul-17 @ 10:44 AM
Hi I would like to find out if I can get my friends daughter to come live with me in the UK. The child is 7/8 and a British Citizen living in South Africa, she is suffering there and I want to help out. I have ILR with 2 children of my own. The mother is South African and lives in dire poverty. Can this child come back to UK. She was born here and left almost 3 years ago. Thank you for your help.
Sivuyile - 21-Jul-17 @ 8:20 PM
Yazz- Your Question:
Im from America and my boyfriend from America and we decided to move to uk and decided to have a family there will our kids can they can apply and can we move there some of my boyfriend family members live in uk can we move there and have our child there and a house and a job can we move there please

Our Response:
You would not be able to move to the UK to live unless you can apply for a work visa or similar, please see link here .
AboutImmigration - 21-Jul-17 @ 12:24 PM
Bran - Your Question:
Hi we have newborn baby in U.K. Both parents are from Slovakia but live and work in U.K. Over 10 years can we have for British Passport for our child? Thanks

Our Response:
If you or the other parent are either registered as British citizens, have ILR or are classed as permanent residents then your child is classed automatically as a British citizen. If you are not, then until you have settled status you cannot apply.
AboutImmigration - 21-Jul-17 @ 11:58 AM
Im from America and my boyfriend from America and we decided to move to uk and decided to have a family there will our kids can they can apply and can we move there some of my boyfriend family members live in uk can we move there and have our child there and a house and a job can we move there please
Yazz - 20-Jul-17 @ 8:23 PM
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