Becoming British – What is British citizenship and how to attain it.
‘British citizenship’ is one of six different types of British nationality status. However, the other types don’t automatically confer the ‘right of abode, this being the right to travel to and from and live and work in the UK without being subject to immigration controls.
So, who automatically gets British citizenship?
Whether a person automatically gets British citizenship at birth depends on a combination of when and where they were born, and their parents’ circumstances at that time. Very briefly, under the British Nationality Act 1981, a person born in the UK on or after 1 January 1983 automatically becomes a British citizen at birth, if at that time one of their parents is a British citizen or an Irish citizen living in the UK. People born to a non-British/Irish parent who is living in the UK without an immigration time restriction (such as with indefinite leave to remain) also automatically become British citizens at birth; that is why it can be very important, if you are currently have settled status here, that your children are born in the UK.
People adopted by a British citizen in a UK court automatically become British citizens. There are more specific requirements for people adopted overseas.
Usually, British citizenship can only automatically pass on to one generation born overseas. Therefore, people born overseas generally only automatically become British at birth if their British parent was not also born overseas (subject to limited exceptions, explained below).
Every British citizen is either a British citizen “otherwise than by descent” or a British citizen “by descent”.
- Those who were born or adopted in the UK, or who became British by applying for Naturalisation, are British citizens “otherwise than by descent”. This reflects that their eligibility for citizenship is based on a connection to the UK as their place of birth, adoption or qualifying residence.
- Those who were born overseas and automatically became British at birth are usually British citizens “by descent”. This reflects that their eligibility derives from having an ancestral connection to the UK.
The main practical consideration between the two types of status, is that a child born overseas to a parent who is a British citizen “by descent” doesn’t automatically become British at birth. There are of course exceptions, one being that for children born overseas to a British parent who, at the time of birth, had been sent to work abroad in Crown, designated or EU service. In these and other prescribed circumstances, the child automatically becomes a British citizen “otherwise than by descent”.
How else can you become a British citizen?
People who don’t automatically acquire British citizenship through birth or adoption may be able to apply to become British on account of their residential or ancestral ties with the UK. The two routes to becoming British are naturalisation and registration. Naturalisation is most common for those who have come through the immigration system and have attained ‘settled’ status; registration is most common for those under-18, but does exist for adults to in certain circumstances depending upon their own personal history.
If you would like to discuss the possibilities and processes of becoming a British citizen, please contact us via the website to arrange either a remote or face-to-face consultation, or to make use of the free 15-minute drop-in clinic at our centrally located office in Bath.
