Born outside the UK after 31st December 1982
Children born overseas to British citizens may qualify for British citizenship.
From 1 January 1983 a woman may pass on British citizenship in the same way as a man to a child born outside the United Kingdom (UK). Women also pass on British citizenship to illegitimate children, but men do not.
From 21 May 2002, British overseas territory citizens, also referred to as British Dependent Territory citizens, became British citizens provided they had that citizenship by connection with a qualifying territory.
By Descent or Otherwise
If you are a British citizen, then it is either by descent, or otherwise than by descent. The difference between being a British citizen by decent or otherwise determines the manner in which you pass your citizenship on to a child born outside the UK.
A British citizen otherwise than by descent passes on British citizenship to a child born on or after 1 January 1983 outside the UK. You can be a British citizen otherwise than by descent by birth, registration, naturalisation, or adoption.
A British citizen by descent is someone who is born outside the UK and has acquired citizenship because at least one parent is a British citizen.
You can be a British citizen by descent, if:
- You were born outside the UK to a parent who was a British citizen at the time.
- You were born before or on 1 January 1983, and you became a British citizen by this date.
- On 31 December 1982, you were already a citizen of the UK and colonies through your birth, a parent's or grandparent's birth, naturalisation, registration, or adoption.
- You resided in the UK while a UK and Colonies citizen for a 5 year period, before 1 January 1983, and you were not restricted under the Immigration Rules at the end of the five year period.
- You are a citizen of the UK and colonies through connection with the Falkland Islands and Dependencies, such as South Georgia and the South Sandwich Islands.
Born in the UK or a Qualifying Territory
Children born in the UK or qualifying territories on or after 21 May 2002 will be British citizens otherwise than by descent if, when they are born, one of the parents is a British citizen, settled in the United Kingdom, or settled in a qualifying territory.
You are Settled if you are entitled to be a resident without any restrictions under the Immigration Rules regarding how long you can stay.
A child born in a British overseas territory will be a citizen of that British overseas territory, if a parent is a British overseas territory citizen or is settled there when the child is born.
A child will not be a British Citizen if they are a British overseas territories citizen only by a connection with the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus or they were already British citizens by descent before 21 May 2002.
Born outside the UK or Qualifying Territories
Your child born outside the UK or the qualifying territories on or after 21 May 2002 will be a British citizen at birth if you or your spouse is a British citizen otherwise than by descent.
Children who will not be British citizens
A child will not be a British citizen at birth if you or your spouse is a British citizen by descent, but neither of you is a citizen otherwise than by descent and your child was born outside the UK or born on or after 21 May 2002, outside the UK and outside the qualifying territories.
The exception to this is a child of parents in Crown or Similar Services.
Children of parents in Crown or Similar services
Your child will be a British citizen by descent if you or your spouse is a British citizen in Crown or Similar Services.
