Automatic Acquisition of British Citizenship indicates that it is possible to obtain British citizenship without submitting a formal application. There are no restrictions on a British citizen's ability to enter and remain in the United Kingdom. 

Acquisition of British nationality by birth in the UK

Under Section 1(1) of the British Nationality Act 1981, a person born in the UK between 1 January 1983 and 30 June 2006 (inclusive) is a British citizen if, at the time of their birth one or more of the following applies: 

• their parents are married and either parent is a British citizen
• their parents are married and either parent is settled in the UK
• their parents are married and either parent is a member of the armed forces and the person was born on or after 13 January 2010
• their mother is a British citizen or settled in the UK
• their mother is a member of the armed forces and the person was born on or after 13 January 2010  

If you were born before 2006, your parents are unmarried and your father is British or settled, you may still be able to register as British.

A person born in the UK on or after 1 July 2006 is a British citizen if, at the time of their birth, one or more of the following applies: 

• either parent is a British citizen 
• either parent is settled in the UK 
• either parent is a member of the armed forces and the person was born on or after 13 January 2010

A person born in the UK from 1 July 2021 onward, will become one automatically when their parent is successful in being granted Indefinite Leave to Remain(settlement) under the EUSS (EU Settlement Scheme) after the child’s birth; and 

In these instances, the child will become British automatically from the date on which the parent is granted ILR under the EUSS. There will be no need for a separate application or fee. Typically, a separate application is required when a parent becomes settled after the birth of a child.

Acquisition of British Citizenship by adoption or parental order

Adopted children

Section 1(5) of the British Nationality Act 1981 explains which children adopted on or after 1 January 1983 acquired British citizenship automatically because of their adoption. 

Under section 1(5), a child who is not already a British citizen becomes a British citizen from the date of an adoption order if: 

• The adopter, or one of the adopters, is a British citizen on the date of the adoption order and either the adoption is authorized by a court in the UK on or after 1 January 1983 or the adoption is authorized by order of a court in a qualifying territory on or after 21 May 2002.

Adopted children also become British citizens if the following are met: 

• It is a convention adopted under the 1993 Hague Convention on Intercountry adoptions 
• The adoption is affected on or after 1 June 2003 
• The adopter or both of the adopters are habitually resident in the UK.

Children Subject to Parental Orders

When a child is born through surrogacy, the intended parents will need to apply to the Court for a Parental Order. A Parental Order transfers parentage from a surrogate mother to the intended parent or parents. This is a process that can only happen once the baby is born and is subject to conditions.

From 6 April 2010, a child who is the subject of a parental order made in a UK court, following a surrogacy arrangement, becomes a British citizen from the date of the order if either of the persons making the order is a British citizen.

British citizenship acquired by adoption or parental order is not lost if the adoption or parental order ceases to have effect at a later date, for example on annulment. However, the order is set aside by a higher court on appeal by the Home Secretary (Home Office), in which case the child would no longer be a British Citizen.

A person born on, or after 1 January 1983 outside the UK

​​Under section 2(1)(a) of the British Nationality Act 1981, a person born outside of the UK on or after 1 January 1983 is a British citizen at birth, if, at the time of birth, either parent is a British citizen ‘otherwise than by descent. This is typically the case if the parent obtained British citizenship through birth or naturalization.

A person born outside of the UK on or after 1 January 1983 is a British citizen at birth if, at the time of birth:

• either parent is a British citizen
• that parent is serving outside of the UK in either:

1. crown service under the government of the UK
2. in service under an EU institution

The serving parent must have been recruited in the UK for that service.

Claim to British Citizenship

When claiming British citizenship or a British passport, the applicant must provide the necessary information or documents themselves.

Individuals who wish to prove their automatic acquisition of British citizenship are responsible for providing and submitting the required documentation. The burden of proof is the "balance of probabilities"; an applicant must demonstrate that it is more likely than not that they possess British citizenship based on the evidence they provide.

People typically use the passports and/or birth certificates of their parents for this purpose. Certificates of naturalization or proof of indefinite leave to remain in the form of a passport stamp or BRP are additional examples. The evidence required for each application will vary based on the specific circumstances under which the applicant acquired British citizenship.

For assistance and advice in relation to British Citizenship and applications, contact us at 0203 865 6219 or leave a message.