Children Born Outside The UK

Children Who were Born Outside The UK After 31 December 1982
You will find out in this section how children who were born abroad to British Citizens can acquire British Citizenship.

The British Nationality Act 1981

Since 1st January 1983 women have had the right to be able to pass on British citizenship to their children who were born outside the UK in the same way as men. Women can pass on their British citizenship to illegitimate children, but men are not allowed.
Ever since 21st May 2002 those people who were British overseas territories citizens (formerly known as British Dependent Territories citizens) became British citizens automatically providing they had that citizenship by connection with a qualifying territory.
The British overseas territories are as follows:

Anguilla,
Bermuda,
Cayman Islands,
Falkland Islands,
Gibraltar,
Montserrat,
Pitcairn,
British Antarctic Territory,
British Indian Ocean Territory,
Henderson,
Ducie and Oeno Islands,
the Sovereign Base Areas of Akrotiri and Dhekelia,
St. Helena and Dependencies,
South Georgia and the South Sandwich Islands,
Turks and Caicos Islands,
Virgin Islands.

The 'qualifying territories' are the British overseas territories but not the Sovereign Base Areas of Akrotiri and Dhekelia.

British Citizenship By Descent Or Otherwise

All British citizens are either a British citizen otherwise than by descent or a British citizen by descent. This difference is very important because the type of citizenship people have will decide the way in which they can pass British citizenship on to their children who were born outside the United Kingdom.
A British citizen otherwise than by descent, can automatically pass on British citizenship to a child born outside the UK. You can be a British Citizen otherwise than by descent by the following:

Birth;
Registration;
Naturalisation;
Adoption.

A British citizen by descent is someone born outside of the UK and is acquired if one or both parents are British citizens. This will mean that you cannot automatically pass on British citizenship to any child who is born overseas. You are a British citizen by descent if:

You were born outside the UK to a parent who was a British citizen at the time;
It does not matter whether the birth took place before or after 1st January 1983 for as long as the child who was born before that date became a British citizen on that date;
On 31st December 1982, he or she was a citizen of the United Kingdom and Colonies through:
- His or her own birth, or
- A parent's or a grandparent's birth,
- Legal adoption
- Naturalisation
- Registration
You have lived in the UK while a citizen of the United Kingdom and Colonies for at least five years at any time before 1st January 1983, and had restrictions under the immigration laws by the end of that five year period.
You are a citizen of the United Kingdom and Colonies by connection with the Falkland Islands and Dependencies (i.e. South Georgia and the South Sandwich Islands).

Children born in the UK/qualifying territory

Children who were born in the UK on or after 21st May 2002, or in a qualifying territory, will always maintain their British citizenship otherwise than by descent if, when the child is born, one of the parents is:

A British citizen (it makes no difference whether the parent is a British citizen by descent or otherwise than by descent); or
Settled in the United Kingdom; or
Settled in a qualifying territory. Settled means you reside there and without restrictions, under the immigration laws, as to how long you can stay there.

Those children who were born in a British overseas territory will always be British overseas territories citizen, for as long as a parent is a British overseas territories citizen or settled there when the child is born.
If the birth occurred before 21st May 2002, the same applies.
The child will not be a British citizen if:

They are British overseas territories citizens only by a connection with the Sovereign Base Areas of Akrotiri and Dhekelia (in Cyprus); or
they were already British citizens by descent before 21 May 2002.

Children born outside the UK/qualifying territory

If it is the case that you or your spouse are a British citizen otherwise than by descent, your child who was born outside the United Kingdom or the qualifying territories born on or after 21st May 2002 will then automatically become a British citizen at birth.
Your child will be a British citizen by descent if you are, or your husband or wife is, a British citizen in one of the types of services listed at the end of the page.
It is not necessary to do anything when your child is born to confirm his or her status.

Children who will not be British citizens

If you or your spouse is a British citizen by descent, but neither of you is a citizen otherwise than by descent and:

your child was born outside the UK or,
on or after 21st May 2002, outside the UK and outside the qualifying territories

The child will not be a British citizen at birth unless you are, or your husband or your wife is, a British citizen in one of the types of service listed at the end of this section. Your child will need to be registered as a British Citizen if the conditions for registration are met.

Children of parents in Crown and similar services

Different rules will apply to children:

Born outside the UK and,
On or after 21 May 2002, in the qualifying territories,
To British citizens in Crown service, in service designated by the Home Secretary, and
In the service of a European Community institution.
A British citizen (whether otherwise than by descent or by descent);
You are working outside the UK (or UK and qualifying territories if the child was born on or after 21 May 2002) in one of the types of service and

You were recruited to that service either:

In the UK; or
A qualifying territory if the child was born on or after 21 May 2002; or
In the European Community (in the case of service with a European Community institution)

Then your child will automatically becomes a British citizen otherwise than by descent at birth, without the need for registration.
However your child will be entitled to be registered at the Home Office as a British citizen in certain circumstances. Please go to the registration section on this website.