Some but not all children born in the UK to EEA nationals will be British citizens automatically. However, different rules will apply depending on when the children of EEA nationals were born. Children born in the UK before 1983 were automatically British citizens, with very few exceptions. However, the law changed after introducing the British Nationality Act on 1 January 1983.
Under the British Nationality Act 1983, children born in the UK will be British citizens if one of their parents was either a British citizen or had "settled" status at the time of the child's birth.
A child of an EEA national born in the UK before 2 October 2000 will be a British citizen if, at the time of the child's birth, the parent was exercising a right of residence under EC treaty rights.
A child born in the UK to an EEA national between 2 October 2000 and 29 April 2006 would be a British citizen if only the parent had applied for and obtained indefinite leave to remain on or before the day the child was born.
A child born in the UK to an EEA national between 30 April 2006 and 30 June 2021 will be a British citizen if their parent had exercised their right to residence in the UK under the EC treaty rights for more than five years or had indefinite leave to remain at the time of child's birth.
Since August 2018, when the EU settlement scheme was launched, a child born to an EEA national will also be a British citizen if their parent had indefinite leave to remain (including "settled" status under the EU Settlement Scheme) at the time of the child's birth.
A child born in the UK to an EEA national on or after 1 July 2021 will be a British citizen if their parent:
Acquired indefinite leave to remain in the UK (including "settled" status under the EU Settlement Scheme)
Held permanent residence status and applied to the EU settlement scheme before 30 June 2021 and received indefinite leave to remain after the child was born
Did not hold permanent residence status and applied to the EU settlement scheme before 30 June 2021 and received indefinite leave to remain after the child was born
Applied for indefinite leave to remain after 30 June 2021, despite being able to meet requirements for EUSS ILR on 30 June 2021 due to unavoidable reasons which they can prove, and were granted indefinite leave to remain
Held a Withdrawal Agreement right to reside permanently based on qualifying activities during the relevant period. The parent in question must previously have been granted limited leave to remain or "pre-settled" status under the EUSS.
If a child born in the UK to EEA parents who did not become British citizens at the time of the child's birth can now have an entitlement to be registered as a British citizen if one of their parents became "settled" in the UK after the child's birth.
A child born in the UK on or after 13 January 2010 whose parents are not born British citizens and were not settled in the UK will have an entitlement to register if either parent becomes a member of the UK armed forces.
Should you wish to apply for British Citizenship, please contact Visa and Migration Ltd on 02034111261.
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