Residence through birth in the UK
Obtaining residency through the birth in the UK is possible but limited by UK nationality law, which follows the bloodline principle (jus sanguinis). A child can only gain British citizenship if at least one parent is a UK citizen or holds Indefinite Leave to Remain (ILR).
If both parents are UK citizens or permanent residents, have lived in the UK for 3+ years before birth, or serve in the British Armed Forces, the child automatically receives UK permanent residency. Parents must prove their citizenship or ILR to apply for their child’s UK passport.
For expert advice and a free consultation regarding immigration to the UK, contact the Malekpour Immigration Institute.
The Latest Law in the UK for the Birth of a Child
Is British citizenship based on land or blood? This is a question that may have occupied your mind. Throughout history, the laws of England regarding citizenship based on land or blood have undergone many changes, and in the latest updates, acquiring British citizenship is only possible through blood. This means that a newborn can only obtain British citizenship if one of their parents is a citizen of the UK.
The Principle of Land in England
Since 1983, the laws regarding births and citizenship in England have experienced significant changes. In this context, the UK government decided to abolish the principle of land and instead introduced the principle of blood as the main criterion for citizenship. According to this law, a child can only acquire British citizenship if one of their parents is a citizen of this country.
These changes were made to better regulate and manage immigration and citizenship issues in English society and had profound effects on the legal and social status of families.
What is the Blood Principle for Obtaining Citizenship in the UK?
In the UK, the principle governing citizenship based on blood is essentially founded on jus sanguinis, which translates to “right of blood.” This principle states that citizenship is not determined solely by the place of birth but is instead attributed based on blood relations.
This means that one of the parents of the newborn must either be a citizen of the UK or have permanent residency in the UK.
The Law of Birth with European Parents in the UK
According to the citizenship laws in England, children born in the UK to parents from countries of the European Union, the European Economic Area, or Switzerland can obtain British citizenship without any issues.
This law, enacted in 2000, was also reviewed and revised in 2006. The goal of this law is to facilitate the citizenship process for children of European families in the UK and to strengthen social and cultural ties between this country and European countries.
The Law of Birth with Non-European Parents in the UK
If a child is born in the UK and at least one of their parents holds British citizenship or has Indefinite Leave to Remain, the child automatically receives British citizenship.
If neither parent has British citizenship or Indefinite Leave to Remain, the child does not automatically receive British citizenship.
The residency status of the parents (such as visa, asylum, or temporary residency) may impact the child’s right to citizenship.
Required Documents to Obtain Residence through birth in the UK
When applying for a UK passport for a child with British citizenship, the following documents must be provided:
- Birth certificate or adoption documents
- Previous passport, if applicable
- Applicant (parent) documents
- Proof of UK citizenship
- Complete passport application form
- Financial documents, if applicable
Costs of Residence through birth in the UK
The cost of childbirth in England depends on various factors, including whether you are utilizing National Health Services (NHS) as addressed on the https://www.nhs.uk/ website or availing of private healthcare.
| NHS Care (for residents and those eligible for NHS services) | Private Healthcare |
|---|---|
| Childbirth is generally free of charge | Natural birth in a private hospital costs between £5,000 and £10,000 or more |
| Services for non-residents range from £5,000 to £7,000 depending on the level of care | Cesarean section costs between £7,000 and £15,000 or more |
Conditions for Residence through birth in the UK
In general, acquiring citizenship in any country is either based on the blood system or the land system. In the blood system, citizenship is granted through the citizenship of a father or mother or either of them. Therefore, the conditions for acquiring English citizenship through the birth of a child are as follows:
| Condition | Citizenship Outcome |
|---|---|
| If one parent is a British citizen | The child acquires citizenship based on the bloodline system |
| If both parents or one of them holds settled status (Indefinite Leave) | The child may acquire citizenship |
| If parents only have UK residency (not settled status) | Citizenship depends on specific circumstances |
Birth in England and Its Legal Effects
Being born in England can entail the automatic granting of citizenship and nationality of England to a child, which also has legal effects. Among these effects are:
- A British citizen can travel to EU member states and other countries without a visa.
- Since the UK accepts dual citizenship, its citizens can easily obtain dual citizenship.
- British citizens can easily work throughout the EU.
- British citizens will benefit from the right to vote.
Frequently Asked Questions Regarding Residence through birth in the UK
- Can a child obtain English citizenship by birth?
A child born in the UK can obtain citizenship if one of their parents is a citizen of the UK.
- If my child is born in England, can I obtain residency?
You can only obtain residency if your child is a citizen of the UK and you also apply for a family visa.
- What if parents are not UK citizens but the child is born in the UK?
The child may only obtain citizenship if one parent has British citizenship and permanent residency.
Conclusion:
Citizenship by birth in the UK is not a direct path to citizenship, as the UK follows a bloodline-based system. Children born in England do not automatically receive citizenship unless at least one parent is a British citizen or has Indefinite Leave to Remain (ILR). While gaining UK citizenship through birth is possible under specific conditions, it is complex. However, due to the UK’s high living standards and strong passport, it remains an attractive option. For free advice on this topic, contact Malekpour Immigration Institute or leave your questions in the comments.
