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Are you British If you are born here?


Being born in Britain does not automatically make you a British citizen. There are certain requirements that need to be met for a person born in the UK to acquire British citizenship. Simply being born on British soil does not confer citizenship. Let’s take a closer look at the criteria for acquiring British citizenship by birth.

What are the requirements for citizenship by birth in the UK?

According to the British Nationality Act 1981, a person born in the UK after 1 January 1983 is a British citizen by birth if at the time of birth one of their parents was:

  • A British citizen
  • Settled in the UK (had indefinite leave to remain or permanent residence)

This applies to children born in England, Wales, Scotland, Northern Ireland and the Channel Islands. It does not apply to British Overseas Territories like Gibraltar.

So in most cases, being born in the UK only makes you a citizen if at least one of your parents was a British citizen or settled in the UK when you were born. This is known as citizenship ‘by descent’ rather than ‘by birth’ alone.

Some important points:

  • Citizenship can be passed on by either the mother or father.
  • If one parent is a British citizen and the other is not, the child still gets British citizenship.
  • If both parents are British citizens, the child automatically acquires citizenship, regardless of place of birth.
  • Children born in the UK before 1983 had different citizenship rules. Contact the Home Office for specifics.

So in summary, being born in the UK does not guarantee citizenship unless at least one parent meets the requirements at the time of birth. The laws changed significantly in 1983, so older cases may vary.

What if my parents were not British citizens?

If neither of your parents were British citizens or settled in the UK when you were born here, then some additional conditions need to be met for you to qualify for citizenship by birth.

You may still be a British citizen if:

  • You were born before 1983 and one parent was a Commonwealth citizen with right of abode in the UK.
  • You lived continuously in the UK for the first 10 years of your life.

Again, the rules were different prior to 1983 so it’s worth double checking with the Home Office if you were born before then and neither parent was a citizen.

After 1983, if neither parent meets the citizenship requirements, you do not acquire British nationality at birth – even if born here. However, you may be eligible to register or naturalize as a citizen later on.

Can I apply for citizenship if born in the UK to non-citizens?

If you don’t automatically get citizenship by birth, there are still options to apply later on:

  • Registration – Available to those born in the UK before 1983 with a British parent or those who lived in the UK up to age 10.
  • Naturalisation – Apply after living legally in UK for 5+ years. Must meet good character and language/life in UK tests.

So even if you don’t get citizenship at birth, if you satisfy other conditions like length of residence, you can still naturalize as a British citizen later on.

Does being born in Britain give me the right to live or work here?

No, only British citizens have an automatic right to live and work in the UK long-term. Being born in Britain does not give you permission to remain indefinitely or be employed if you are not a citizen.

If your parents were temporary visitors like tourists or foreign students when you were born, you will not have a legal right to settle in the UK just because of your birthplace. Your status would be the same as your parents.

The only exception is if you lived legally in the UK for the first 10 years of your life. This would qualify you to register as a citizen. Otherwise, you would need to apply for a work or family visa to remain in the country.

If I was born in Britain, am I a British citizen forever?

In most cases, British citizenship gained by birth is permanent and lasts for life. It cannot be taken away unless obtained by fraud or you are deprived of citizenship.

However, dual nationals who were born in the UK to non-British parents may lose citizenship if they fail to keep their ties to Britain. For example, if you:

  • Live outside the UK for over 7 years
  • Work for another country’s government
  • Obtain citizenship of a country at war with Britain

So for dual nationals by birth, maintaining citizenship may require you to keep connections like visiting for a time periodically.

Those who acquired British nationality by naturalization or registration can also lose citizenship if they act contrary to British interests. But generally, gaining citizenship by birth remains for life.

If I have a British passport/ID does that mean I’m a citizen?

Not always! Having a British passport or national ID card does not guarantee you are a citizen. They may have been issued incorrectly or given to non-citizens in certain circumstances.

Some indicators that you may not truly be a citizen include:

  • Passport/ID card says “British Subject” instead of “British Citizen”.
  • You cannot prove one of your parents was a citizen when you were born.
  • You are a dual national and your British passport was obtained fraudulently.
  • You hold a British Overseas (non-citizen) passport.

So don’t assume a passport or ID card confirms your citizenship – check that you actually satisfied the legal conditions for acquiring British nationality by birth. The Home Office makes the final determination.

Conclusion

Being born in the UK does not always grant British citizenship automatically. Normally, you must have at least one parent who is a British citizen or settled resident for you to acquire nationality by birth. Special exceptions apply for those born before 1983.

If you don’t gain citizenship at birth, you may still be eligible to naturalize or register later if you meet additional requirements. Having a passport or national ID does not guarantee citizenship if the legal requirements were not satisfied. Check your status carefully to avoid problems.