Citizenship by Birth: Who Qualifies?

Before 1983: birth in the UK was enough

Before 1 January 1983, the UK followed the principle of "jus soli" (right of the soil). Almost anyone born in the UK, regardless of their parents' nationality or immigration status, automatically became a British citizen.

GOV.UK gives two exceptions: your father was a diplomat working for a non-UK country, or your father was “an enemy alien in occupation” and you were born in the Channel Islands during the Second World War. Apart from those, birth in the UK before 1983 was enough.

If you were born in the UK before 1 January 1983 and neither exception applies, GOV.UK says you are automatically a British citizen and there is nothing to apply for. You can apply for a UK passport instead, or ask the Home Office for a letter confirming your citizenship. Learn more about the citizenship application process.

From 1983: the parents' status matters

The British Nationality Act 1981, which came into force on 1 January 1983, changed everything. Under the new law, being born in the UK is not enough. At least one parent must have been:

• A British citizen at the time of the child's birth, or
• Settled in the UK at the time of the child's birth

"Settled" means the parent had:

• Indefinite Leave to Remain (ILR)
• Right of abode
• Settled status under the EU Settlement Scheme, or permanent residence status
• Exemption from immigration control (certain diplomats, armed forces personnel)

A parent on a temporary visa ( student visa, work visa, visitor visa) is not settled. Their child born in the UK is not automatically British.

Why this matters

This rule means that many people born in the UK after 1982 are not British citizens. They may have lived their entire lives in the UK, gone to school here, worked here, and consider themselves British, but legally they are not.

This situation most commonly affects:

• Children of students or workers who were on temporary visas at the time of birth
• Children of asylum seekers or refugees who had not yet been granted status
• Children of undocumented parents
• Children of parents who later became British or settled but were not at the time of the birth

For these people, registration is the route to British citizenship.

Registration routes for people born in the UK

Section 1(3): a parent becomes British or settled

Section 1(3) of the British Nationality Act 1981 gives an entitlement to registration where, while the person is a minor, a parent becomes a British citizen or becomes settled in the UK and an application is made. GOV.UK lists the parent’s qualifying events as becoming a British citizen, or getting indefinite leave to remain, settled status under the EU Settlement Scheme, indefinite leave to enter, or permanent residence status.

The application must be made before the person turns 18. GOV.UK states it plainly: “You must have been born in the UK and be under 18 when you apply.” This is the point most often got wrong. An adult whose parent settled years ago cannot use this route, and would have to look at naturalisation or at section 1(4) below.

It costs £1,000, with a further £130 for a ceremony if the applicant turns 18 during the application. The form is the MN1 form, or the online equivalent.

Section 1(4): the first 10 years in the UK

Section 1(4) gives an entitlement to registration to someone born in the UK on or after 1 January 1983 who was not automatically British, where they have lived in the UK for the first 10 years of their life and were not outside the UK for more than 90 days in any one of those 10 years. GOV.UK says to explain on the form if there are special reasons for spending longer abroad.

There is no upper age limit on this route. An adult born in the UK in, say, 1990 who lived here throughout childhood can still use it. The fee differs by age: £1,000 under 18, or £1,540 plus a £130 ceremony fee, £1,670 in total, for an adult.

Whether you needed this route in the first place depends on the date of birth. GOV.UK distinguishes two periods:

• Born after 31 December 1982 and before 1 July 2006: you are automatically British if your mother was a British citizen or settled, or if your father was and was married to your mother. An unmarried British or settled father did not pass citizenship, so the child of one can register under this route.
• Born on or after 1 July 2006: you are automatically British if either parent was a British citizen or settled, married or not.

Section 3(1): discretionary registration

The Home Secretary has a general discretionary power to register a person under 18 as a British citizen. It is used for cases that do not fit the entitlement provisions. Because it is discretionary, it is not an entitlement in the way sections 1(3) and 1(4) are.

Special cases

Newborns found abandoned in the UK

A newborn child found abandoned in the UK is assumed to be British until proven otherwise. This is under Section 1(2) of the BNA 1981.

Children of diplomats

Children born in the UK to parents with diplomatic immunity are not automatically British, even under the pre-1983 rules. This is one of the few exceptions to the old jus soli principle.

Children born in British overseas territories

Being born in a British Overseas Territory (such as Gibraltar, Bermuda, or the Falkland Islands) follows different rules. Children born in these territories may be British Overseas Territories citizens rather than British citizens, though many also qualify for full British citizenship.

How to check your status

If you were born in the UK after 1982 and are not sure whether you are British:

1. Find your birth certificate. This shows where you were born and who your parents are.
2. Determine your parents' immigration status at the time of your birth. Were they British citizens? Did they have ILR? Were they on a temporary visa?
3. If a parent was British or settled, you are British. Apply for a passport.
4. If no parent was British or settled at the time of your birth, check whether a parent has since become British or settled (Section 1(3)) or whether you have lived in the UK for 10 years (Section 1(4)).
5. If you are still unsure, use the GOV.UK citizenship checker, or ask the Home Office for a letter confirming your status. Advisers who can help are regulated by the Immigration Advice Authority or authorised by a designated professional body.

Proving your citizenship

If you are British by birth (either automatically or through registration), the way to prove it is to apply for a British passport. To do this, you need:

• Your UK birth certificate
• Evidence of your parent's status at the time of your birth (for post-1982 births)
• Your registration certificate (if you were registered rather than born British)
• Standard passport application documents (photos, countersignatory, etc.)

HMPO will verify your claim to citizenship. If they cannot verify it from the documents provided, they may ask for additional evidence or refer the matter to the Home Office.

The Windrush connection

The rules about citizenship by birth are connected to the Windrush scandal. Some people from the Windrush generation and their children were born in the UK before 1983 and are British citizens by birth. However, they were unable to prove their status because they did not have passports or other documentation.

The Windrush Scheme was established to help people in this situation obtain documentation of their status. If you believe you are British by birth but cannot prove it, the Windrush Scheme may be able to help. More information is available on GOV.UK.

Key points

• The 1983 cut-off is the most important date. Before it, birth in the UK was enough. After it, parents' status matters.
• If you were born in the UK after 1982 and are not British, registration routes are available. Do not assume there is nothing you can do.
• Registration under sections 1(3) and 1(4) is an entitlement rather than a discretionary decision. Registration under section 3(1) is discretionary.
• The registration fee is £1,000 for a child, and £1,540 plus a £130 ceremony fee for an adult, under the fee table in force from 8 April 2026. A fee waiver is available only to applicants under 18: see our citizenship fee waiver guide and our citizenship for children guide.
• Section 1(3) has a hard deadline at 18. Section 1(4) does not, so an adult who spent their first 10 years in the UK can still use it. See our citizenship by descent guide for the routes that apply to births outside the UK.

Questions and answers