When a child is born- The citizenship of a child born in the UK to EU national parents
By Jordana Adams, solicitor at OTS Solicitors
Christmas is a time of year to think about our children. Not just what presents they may be receiving but about their lives and futures.
As a London Immigration and family solicitor, I am in the privileged position of being asked for advice by parents on their child’s citizenship and nationality. You would think that the answer from any of the best London immigration solicitors would be straightforward. Sadly, that is not the case as questions of nationality can hinge on the individual family circumstances. That is why it pays to take advice so parents know the answer to their child’s status before it becomes a travel or other concern.
Acquiring British Citizenship by birth
The top London immigration solicitors advise that, under current legislation a child born in the UK to EU national (non-British) parents will be British by birth if at the time of the child’s birth the mother or father is a British citizen or are settled in the UK.
For many parents, where they are both EU nationals, their concern is whether their child has British Citizenship through one of them being classed as “settled” in the UK.
How can OTS Solicitors help?
OTS Solicitors are specialist in Immigration and family law matters. We are highly experienced in resolving Immigration status issues and preparing Immigration applications for individuals, families and businesses. The firm is recommended for Immigration law in the Legal 500. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration law.
For more information or advice on British Citizenship or any aspect of personal or business immigration law or family law, please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London Immigration and Family Solicitors who will be happy to help.
What does settled in the UK mean?
The best London immigration solicitors are often asked what “settled” means. The word is rather ambiguous.
For nationality and Home Office purposes “settled” means that a person who has:
• Right of abode in the UK; or
• Indefinite Leave to Remain in the UK; or
• permanent residence as an EEA national.
In essence, “settled” means that someone can live in the UK on an unrestricted time basis.
The relevant legislation says that “settled” means:
“His being ordinarily resident in the United Kingdom or, as the case may be, in that territory without being subject under the Immigration laws to any restriction on the period for which he may remain.”
Children born after the 30 April 2006
The best London immigration solicitors advise that directives and 2016 regulations currently provide for the right of “permanent residence” for EU nationals and their family members.
EU nationals who have lived in the UK continuously for a period of at least 5 years and their family members who have resided for the same period with them acquire a permanent right of residence in the UK.
Accordingly, any child born in the UK from 30 April 2006 to an EU national parent is British. This is if the child’s parent had acquired a right of permanent residence at the time of the child’s birth.
Under current Immigration rules, there is no requirement for the EU parent to get a document certifying permanent residence or a permanent residence card.
However, in the opinion of the best London immigration solicitors, with the changes in Immigration policy, it is important that parents formalise their child’s status so as to avoid any issues arising over whether a parent was “settled” in the UK at the time of the child’s birth.
If your child was born between 2 October 2000 and 29 April 2006
The Immigration rules are different if your child was born between 2000 and April 2006.
If your child was born between October 2000 and April 2006, it is sensible to get legal advice from a top London Immigration solicitor on your child’s status.
Children that are not British by birth
Under current rules and regulations, if a child is not a British citizen by virtue of one of the parents being settled in the UK at the time of the birth, the child can be registered as a British citizen if the parent becomes settled after the child’s birth. The registration must take place whilst the child is still a minor.
If your family is uncertain about the nationality status of a child because you have not got documentation for the child, such as a passport, it is sensible given all the changes in Immigration rules and procedures, to take specialist legal advice from a top London Immigration solicitor.
How can OTS Solicitors help?
OTS Solicitors are specialist in Immigration and family law matters. We are highly experienced in making Immigration applications for individuals, families and businesses. As London Immigration and Family Solicitors, we are used to dealing with the complex Home Office rules and regulations surrounding visa and settlement applications and any associated Immigration status and family law issues.
The firm is recommended for Immigration law in the Legal 500. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration law.
For more information on British Citizenship, naturalisation and settlement or any aspect of personal or business immigration law or family law, please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London Immigration and Family Solicitors who will be happy to help.