British Citizenship: Children Born Outside the UK British Nationality Act 1981This leaflet explains how parents who are British citizens can pass their citizenship on to their children born outside the United Kingdom (or outside the United Kingdom and qualifying territories from 21 May 2002) to parents in Crown service, in designated service, or in service under a European Community Institution. General 2. Since 1 January 1983, women have been able to pass on British citizenship to their children who were born abroad in the same way as men (see Note C). The difference between being a British citizen otherwise than by descent and a British citizen by descent Children born outside the United Kingdom between 1 January 1983 and 20 May 2002 to a parent serving outside the United Kingdom in Crown, designated or European Community service Your child would automatically have been a British citizen at birth. Children born outside the United Kingdom and the qualifying territories on or after 21 May 2002 to a parent serving outside the United Kingdom as well as outside the qualifying territories in Crown, designated or European Community service. 5. If, when your child is born outside the United Kingdom (see Note A) and outside the qualifying territories (see Note B) on or after 21 May 2002, you are, or your husband or wife is: Your child will automatically be a British citizen at birth. 6. Under paragraph 4 or 5, your child will be a British citizen otherwise than by descent and so will automatically pass on British citizenship to any children he or she has outside the United Kingdom and the qualifying territories in the future. 7. You do not need to take any official action when your child is born to confirm your status, but if you want, for example, to apply for a British passport for your child, you may need to produce certain documents. This is explained in more detail in paragraph 13. British citizens born abroad before 1 January 1983 to fathers serving outside the United Kingdom in Crown, designated or European Community service A person who is a British citizen otherwise than by descent can automatically pass on British citizenship to any children he or she may have in future outside the United Kingdom and qualifying territories. Where a service has been designated after 1 January 1983, British citizens who were born abroad before 1 January 1983 to fathers serving outside the United Kingdom in that service will be British citizens otherwise than by descent from the date their father's service was designated. They can automatically pass on British citizenship they may have on or after the date of designation. Crown service Designated service a. Service as a Governor, an official, a judge or a magistrate in a United Kingdom British overseas territory (see Note F) (from 1 January 1983). b. Crown service under the United Kingdom Government, under the Northern Ireland Government or under the Scottish Administration, where the person is temporarily on secondment overseas (from 1 January 1983). c. Overseas service by certain civilians who are subject to the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (see Note G) (from 1 January 1983). d. Service under the North Atlantic Treaty Organisation (NATO) (from 1 January 1983). e. Service under the Commonwealth War Graves Commission (from 1 January 1983). f. Service under the British Council, as long as the employee is paid wholly from British Council funds (from 1 January 1983). g. Service under the British Tourist Authority (from 1 January 1983). h. Service under the Commonwealth Development Corporation (from 21 December 1984). i. Service under the Medical Research Council (from 21 December 1984). j. Service under the Science and Engineering Research Council (from 21 December 1984) or under the Engineering and Physical Sciences Research Council, the Biotechnology and Biological Sciences Research Council or the Particle Physics and Astronomy Research Council (from 1 April 1994). k. Service under the Natural Environment Research Council (from 21 December 1984). l. Service under the Agricultural and Food Research Council (from 30 April 1987) or under the Biotechnology and Biological Sciences Research Council (from 1 April 1994). m. Service on secondment from any of the Research Councils listed at (i) to (l) above (from 30 April 1987). n. Service under the European Patent Office (from 16 February 1990). o. Service under the Customs Co-operation Council (from 1 April 1994). p. Service under the European Conference of Ministers of Transport (from 1 April 1995). q. Service under the International Energy Agency (from 1 April 1995). r. Service under the Organisation for Economic Co-operation and Development (from 1 April 1995). s. Service under, or on secondment from, the Council for the Central Laboratory of the Research Councils (from 1 April 1995). If you are not sure whether you are in designated service, you should write to your employer for confirmation. European Community service a. Members of the European Parliament; Members of the Commission; Judges, Advocates General, the Registrar and Assistant Rapporteurs of the European Court of Justice; Members of the Court of Auditors and the Ombudsman. b. Officials and other servants of the European Communities, including those working for:
If you are not sure whether you are in service under a European Community institution, you should write to your employer for confirmation. Recruitment British passports and how to establish your child's citizenship These documents will vary, but you will normally be asked to produce a copy of: Paragraph 14 tells you where you should send your application for a British passport, depending on where you are. Addresses for enquiries Home Office IND Telephone 0151 237 5200 Alternatively, you can telephone CARA (Charity No. 1135610) on +44 (0) 844 478 0015 - Mob: +44 (0) 795 695 2645 - Fax: +44 (0) 872 115 8436 - Email: info@cara-online.org . Notes B. The qualifying territories are the British overseas territories (see Note F) except for the Sovereign Base Areas of Akrotiri and Dhekelia. C. Women can pass on their British citizenship to illegitimate children, but men cannot. D. The following countries are currently members of the European Communities: Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, Greece, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom. E. Generally speaking, a person became a British citizen on 1 January 1983 if on 31 December 1982 he or she was a citizen of the United Kingdom and Colonies who had the right of abode through is or her own, or a parent's or a grandparent's birth, legal adoption, naturalisation or registration in the United Kingdom (see Note A) or who had lived in the United Kingdom whilst a citizen of the United Kingdom and Colonies for five years at any time before 1 January 1983, and was not subject to restrictions under the immigration laws at the end of that five-year period. F. The British overseas territories are what, before 26 February 2002, were called British dependent territories. The British overseas territories are currently: Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Duce and Oeno Islands, St Helena and Dependencies, South Georgia and the South Sandwich Islands, the Sovereign Base Areas of Akrotiri and Dhekelia, Turks and Caicos Islands, and Virgin Islands. G. Item c. covers people who work for the following organisations:
Item c also includes the following organisation (but only from 1 January 1983 until 30 September 1988):
* ; This list may change from time to time The law covering British citizenship and designated service is in the British Nationality Act 1981 and the Regulations and Orders made under it. The information given here is only a brief guide to the law and the Home Secretary's policy. It is not a complete statement of either the law or policy. For any further information on immigration issues, please read also:
Updated May 7th 2010 |
