If you are not automatically a British citizen, you may still be able to apply for registration. This process allows individuals to acquire British nationality if they meet specific legal criteria. Our guide explains who qualifies and how to navigate the application process.

How to register as a British citizen

In our UK passport series, we have published two articles explaining how individuals can become British citizens automatically from birth, depending on whether they were born inside the UK (see here) or outside it (see here).  The purpose of this article is to review one final – but equally important – topic, namely how to register as a British citizen.

Registration is a way of applying for British nationality.  Where someone is automatically British, registration is not required and they can simply apply for a British passport right away.  However, if a person is not automatically British but meets the requirements for registration (see below), they must first apply to be registered as a British citizen before they can apply for a British passport.

Registration as a British national

There are various ways in which a person can be eligible to apply for registration as a British national.  Often, registration is possible where a person satisfies some – but not all – of the conditions for becoming a British citizen automatically at birth.  This can apply to people born inside or outside the UK.

There are also cases where a person would have become British automatically at birth, except for the fact that British nationality legislation contains historic discrepancies (often referred to as “historic unfairness”), which discriminate against people who trace their British nationality through female ascendants (mothers, grandmothers) rather than male ones.

Thankfully, more recent legislation has corrected this “historic unfairness”.  However, those people affected by the old rules cannot acquire British citizenship automatically and still need to register as a British national instead.

How to check if you can register as a British citizen

The first sensible step is to check whether you already acquired British nationality automatically from birth.  You can do this by reviewing the two articles linked at the start of this page.  If none of those cases applies to you, then registration as a British citizen might be an option instead.

Note that the rules can be very fact-specific.  This article does not set out all the requirements in each case, and detailed advice should always be sought.  However, we have highlighted the most common instances where a person might be eligible for registration.

We start by looking at the options for an individual who was born outside the UK.

Born outside the UK on or after 1 July 2006

If you live in the UK with your parents, you can apply for registration if:

• You are under 18;
• Your mother or father was a British citizen when you were born;
• You have lived in the UK with your parents for the 3 years before the date of your application; and
• You can prove that you and your parents:
• have not spent more than 270 days outside the UK during those 3 years; and
• were in the UK exactly 3 years before the day the Home Office receives your application.

Note that, if your parents are divorced or legally separated, only one parent needs to live with you in the UK.  However, both parents need to consent to your application.

If you don’t live in the UK, but your British parent lived in the UK before you were born, you can apply for registration if:

• You are under 18;
• Your mother or father was a British citizen when you were born;
• Your British parent lived in the UK for at least 3 years before you were born;
• Your British parent did not spend more than 270 days outside the UK during those 3 years; and
• Your British parent had a British mother or father who could pass on their citizenship to them, for example because your British parent’s mother or father was:
  • born or adopted in the UK, or
  • given British citizenship after applying for it in their own right.

Separately, there are scenarios where you can apply for registration as a British national if:

• You were adopted outside the UK;
• Your father was a British citizen when you were born and your mother was married to someone else at the time; or
• You were born in the UK, your father had indefinite leave to remain in the UK when you were born, and your mother was married to someone else at the time.

Born outside the UK between 1 January 1983 and 30 June 2006

If you are not automatically British from birth, you can be eligible to register for British nationality if you were born in this period and:

• Your father was a British citizen when you were born;
• He was not married to your mother at the time; and
• Your father was either:
  • born or adopted in the UK;
  • given British citizenship after applying for it in his own right (not based on having a British parent); or
  • working as a Crown servant when you were born (for example in the diplomatic service, overseas civil service or armed forces).

Born outside the UK before 1983

Again, if you were born before 1983 and you are not automatically British from birth, you might be eligible to apply for registration if:

• Your mother was a British citizen rather than your father; or
• Your father was a British citizen but was not married to your mother when you were born.

In either case, your mother or father must have been a citizen of the United Kingdom and Colonies when you were born, and must also have been:

• Born or adopted in the UK;
• Given British citizenship after applying for it in their own right (not based on having a British parent); or
• Working as a Crown servant when you were born (for example in the diplomatic service, overseas civil service or armed forces).

Born inside the UK

Registration as a British citizen can also be possible where a person was born inside the UK.  There are two general categories, namely:

• Applicants under the age of 18; and
• Applicants who lived in the UK until the age of 10.

Applicants under 18 years old

If you were born in the UK and have not yet turned 18, you can apply for registration as a British citizen if one of your parents was living in the UK when you were born and, subsequently, they:

• Became a British citizen;
• Got indefinite leave to remain in the UK;
• Got settled status under the EU Settlement Scheme;
• Got indefinite leave to enter the UK; or
• Got permanent residence status.

Applicants living in the UK under 10 years old

Even if you no longer live in the UK, you can still apply for registration as a British citizen if you lived in the UK for the first 10 years of your life.  Slightly different rules apply depending on when you were born.

If you were born between 1 January 1983 and 30 June 2006, you can apply if:

• You did not spend more than 90 days outside the UK in each of the first 10 years of your life; and either
• Neither of your parents were British citizens or settled in the UK at the time; or
• Your father was a British citizen or settled in the UK at the time but was not married to your mother.

If you were born on or after 1 July 2006, you can apply if:

• You did not spend more than 90 days outside the UK in each of the first 10 years of your life; and
• Neither of your parents were British citizens or settled in the UK at the time.

Note that if you were born inside the UK before 1983, you’re usually a British citizen automatically.

How we can help

We are experts in guiding clients through the process of applying for registration as a British national.  Whether the client is inside or outside the UK, we can quickly confirm their eligibility and can help them negotiate the application process speedily and successfully.

In complex cases, we have sophisticated software that analyses all possible routes to British nationality.  With this tool, we can quickly and easily review all relevant British nationality legislation to confirm whether there is valid path to registration as a British citizen.

Of course, the explanations in this article are summaries only, and careful advice is required to confirm a person’s eligibility.  However, we are adept at navigating these rules, so please get in touch to find out more.

Contact our Immigration Law Partner, Charlie Fowler for more information.