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Brexit – The faith of children born to European nationals residing in the UK

Immigration | 15-12-2016

Following the June 2016 result of UK’s referendum on its membership of the EU, many parents are anxious about the status of their children. The parents are curious – whether their children will be able to register as British citizen or apply for a British passport.

It is important to understand certain factors. A child born to a European national – who has lived in the UK before or is currently living in the UK – the child may register as a British citizen legally or may even be born British and can apply for a British passport directly. Nevertheless, being born in the UK does not necessarily mean that the child is a British citizen but, if one of the child’s parents is a British citizen, then the need to establish the European parent’s status in the UK is not required because the child would obtain British citizenship through the child’s British parent.

In order for your child to acquire British citizenship directly, and if your child was born on or after 30 April 2006, one of the child’s parent, a European national citizen have to obtain permanent residence in the UK, then the child is also born British. If a European national have resided in the UK exercising Treaty rights for five continuous years, he/she will automatically acquire permanent residence in the UK and their child can directly apply for British passport.

In addition, for children born in the UK – 2 October 2000 to 29 April 2006 – one of the child’s parents must have been dispensed with an authorised document by the Home Office approving their permanent residence position in the UK, which should be dated before the child was born. And, for children born in the UK before 2 October 2000, one of the parent must show that they were exercising Treaty rights in the UK at the time of the child’s birth.

If a child can fall under any of the aforementioned criteria, then the child can apply for a British passport directly. In any case, if you’ve not yet obtained permanent residence in the UK, you’ve to apply for the permanent residence status first and once granted, you can register your child as a British citizen.

In any case, if you want more information or assistance with your or your child’s immigration process, please get in touch with our specialized immigration team and get a detailed information along with extended help for your immigration process.