British Citizenship for Children Born Abroad to UK Citizens

How you became British decides it

The rules depend on whether you are British "otherwise than by descent" or British "by descent":

• Otherwise than by descent: you were born in the UK to a British or settled parent, or you naturalised or were registered. You can pass citizenship to a child born abroad.
• By descent: You were born outside the UK to a British parent and acquired citizenship through them. You generally cannot pass citizenship to your own children born abroad.

Check your citizenship certificate or passport to see how your citizenship was acquired. If you were born in the UK or naturalised here, you are almost certainly "otherwise than by descent."

The first-generation limit

British citizenship can only be transmitted to one generation born abroad. Section 2(1)(a) of the British Nationality Act 1981 makes a child born outside the UK British if, at the time of the birth, their father or mother is “a British citizen otherwise than by descent”. A parent who is British by descent does not meet that wording, so the chain stops. GOV.UK’s citizenship checker can help work out which you are.

An example. Your grandmother was born in the UK, so she is British otherwise than by descent. Your mother, born in Canada, is British by descent. If you were also born in Canada, your mother could not pass citizenship to you automatically.

The Crown service exception

Section 2(1)(b) works differently. A child born outside the UK is a British citizen if, at the time of the birth, their father or mother is a British citizen and is serving outside the UK in Crown service under the UK government, or in service designated under section 2(3), having been recruited in the UK or a qualifying territory. Section 2(1)(c) makes similar provision for service under an institution of the European Union where the parent was recruited in a member state.

This matters because it does not depend on the parent being British otherwise than by descent, and because a child who is British under section 2(1)(b) is British otherwise than by descent themselves, so the chain does not stop with them.

Registration routes under section 3

If your child is not automatically British, registration may be possible:

All three routes below are applications made while the child is a minor, that is under 18. The fee is £1,000 for a child, with £130 for a ceremony only if the child turns 18 during the application.

Section 3(2): residence before the birth, plus a grandparent

This is the route most often described loosely as “the 3-year rule”, and it has a second condition that is easy to miss. The requirements in section 3(3) are that:

• the parent was a British citizen by descent at the time of the birth;
• that parent’s own father or mother was a British citizen otherwise than by descent, in other words the child’s grandparent; and
• the parent was in the UK or a qualifying territory at the beginning of a 3-year period ending no later than the birth, and was absent for no more than 270 days in that period.

Section 3(5): the family lives in the UK for 3 years

Where the parent’s residence comes after the birth rather than before it, section 3(5) applies. Its requirements are that:

• the parent was a British citizen by descent at the time of the birth;
• the child and both the father and the mother were in the UK or a qualifying territory at the beginning of the 3-year period ending with the date of the application;
• none of them was absent for more than 270 days in that period; and
• both parents consent, in the prescribed manner.

Section 3(6) modifies the consent and parent requirements where a parent has died, or the marriage or civil partnership has ended or the parents are legally separated.

Section 3(1): general discretion

Section 3(1) reads: “If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen.” It is a discretion, not an entitlement, and is the route for cases that do not fit sections 3(2) or 3(5).

For all registration routes, see our guide on citizenship for children.

Practical steps

• If your child is automatically British: Apply for a British passport for them. No registration is needed.
• If registration is needed: apply while the child is under 18, with the child’s birth certificate, evidence of your own citizenship and how you acquired it, evidence of the grandparent’s status if relying on section 3(2), and travel records showing the residence and the 270-day absence limit.
• Also register with the other country: Your child may also be a citizen of their country of birth. Register them with both nationalities where possible. The UK allows dual citizenship.

Born abroad to two British parents

If both parents are British, the child's status depends on each parent's type of citizenship. If either parent is British otherwise than by descent, the child is automatically British. If both parents are British by descent only, the first-generation limit applies and the child is not automatically British.

Next steps

Work out how you acquired your British citizenship, because the answer decides everything else. If the child is not automatically British, the registration routes all close on their eighteenth birthday, so timing matters. Advisers who can help are regulated by the Immigration Advice Authority or authorised by a designated professional body: see immigration solicitor costs. Our DIY vs solicitor guide can help you decide whether professional help is worthwhile.

Related guides:

• Citizenship by Descent
• Citizenship for Children
• Citizenship by Birth in the UK
• Dual Citizenship in the UK

Questions and answers