Immigration Corner | Eligibility for British citizenship as a minor

Dear Mr Bassie,

I would like to know if a child is eligible for British citizenship if he is presently a minor and one of his parents is British.

HJ

Dear HJ,

Persons can apply for British citizenship if they have a British parent and were born on or after July 1, 2006. Persons are automatically a British citizen if they were born outside the United Kingdom (UK) and all of the following conditions apply:

• They were born on or after July 1, 2006;

• Their mother or father was a British citizen when they were born; and

• Their British parent could pass on their citizenship to them.

If the father was a British citizen when the person was born and their mother was married to someone else at the time, they may not automatically be a British citizen. However, they might be eligible to apply for citizenship using form UKF.

Please note that the British parent could pass on their citizenship to the child if he/she was one of the following:

• Born or adopted in the UK

• Given citizenship after applying for it in their own right (not based on having a British parent);

• Working as a Crown servant when that person was born (for example, in the diplomatic service, overseas civil service or armed forces)

Persons who qualify for citizenship in this way, should note that their children will not automatically become British if they are born outside the UK. Persons are advised to check if they can qualify another way.

It should be noted that persons who are automatically citizens can apply for:

• A child’s passport if they are under 16 years old;

• An adult passport if they are over 16 years old;

• A letter confirming their citizenship (their ‘immigration status’)

Those persons who live in the Channel Islands, the Isle of Man or a British overseas territory, should note there is a different way to get a letter confirming their citizenship.

PERSONS WHO ARE NOT AUTOMATICALLY A CITIZEN

Persons who are not automatically a citizen may be eligible to apply for citizenship in one of the following situations:

• They have lived in the UK with their parents

• Their British parent lived in the UK before they were born

• They were adopted outside the UK

• Their father was a British citizen when they were born and their mother was married to someone else at the time

• They were born in the UK and their father had indefinite leave to remain in the UK when they were born, and their mother was married to someone else at the time.

Persons who lived in the UK with their parents

Persons who live in the UK with their parents can apply if all of the following are true:

• They are under 18 years old;

• Their mother or father was a British citizen when they were born; and

• They have lived in the UK with their parents for the three years before the date of the application.

Applicants must prove that they and their parents:

• Have not spent more than 270 days outside the UK during those three years; a

• Were in the UK exactly three years before the day the Home Office receives their application

If their parents are divorced or legally separated, only one parent needs to live in the UK with the applicant. However, both parents must consent to the application.

IF THE BRITISH PARENT LIVED IN THE UK BEFORE THE APPLICANT WAS BORN

Persons could apply if their British parent lived in the UK before their birth and if all of the following are true:

• They are under 18 years old;

• Their mother or father was a British citizen when they were born;

• Their British parent lived in the UK for at least three years before they were born;

• Their British parent did not spend more than 270 days outside the UK during those three years;

• Their British parent had a British mother or father who could pass on their citizenship to them

Please be aware that the British parent’s mother or father could pass on their citizenship if they were one of the following:

• Born or adopted in the UK;

• Given citizenship after applying for it in their own right (not based on having a British parent);

• Working as a Crown servant when their parent was born (for example, in the diplomatic service, overseas civil service or armed forces)

FEES

With respect to fees, persons will need to pay £1,214 to apply. Persons may be able to apply for a fee waiver if they are under 18 years old and cannot afford to pay the fee. Those persons should check before applying.

HOW TO APPLY

Persons should fill in the form online. The applicants will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information (their fingerprints and a photo).

It should be noted that applicants do not need to send their documents anywhere. They can either upload copies into the online service or have them scanned at their UKVCAS appointment. In addition, persons should note that they can also apply by post.

I hope this helps.

John S. Bassie is a Barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (U.). Email: lawbassie@yahoo.com