Immigration Corner | Circumstances where UK birth may lead to British citizenship

Dear Mr Bassie,

I was born in the United Kingdom but I have not got British citizenship. Please tell me under what circumstances I can apply for British citizenship.

WO

Dear WO,

Persons may be eligible to apply to ‘register’ as a British citizen if they were born in the United Kingdom (UK). However, this will depend on when they were born and their parents’ circumstances at the time of birth. Persons should also be aware that they are eligible to apply another way – including through the Windrush scheme.

PERSONS BORN ON OR AFTER JANUARY 1, 1983

Those persons may be eligible if either:

• They are under 18 years old and since birth one of their parents became a British citizen, or got permission to stay in the UK permanently; or

• They lived in the UK until they were 10 years old or older

WHEN PERSONS DO NOT NEED TO APPLY

Persons are usually automatically a British citizen if they were both:

• Born in the UK on or after January 1, 1983; and

• Born when one of their parents was a British citizen or ‘settled’ in the UK

Please note that those persons can apply for a UK passport instead, or ask for a letter confirming their citizenship, that is their ‘immigration status’.

Persons who live in the Channel Islands, the Isle of Man or a British overseas territory, there is a different way to get a letter confirming your citizenship.

PERSONS BORN BEFORE 1983

Persons are automatically a British citizen if they were born in the UK before January 1, 1983, unless:

• Their father was a diplomat working for a non-UK country

• Their father was ‘an enemy alien in occupation’ and they were born in the Channel Islands during World War 2

Please note that those persons can apply for a UK passport instead, or ask for a letter confirming their citizenship, that is, ‘immigration status’. As stated before, those persons who live in the Channel Islands, the Isle of Man or a British overseas territory, should note that there is a different way to get a letter confirming their citizenship.

PERSONS UNDER 18 YEARS OLD

Persons can register to become a British citizen if one of their parents considered the UK as their home and did any of the following after they were born:

• Became a British citizen

• Got indefinite leave to remain in the UK

• Got ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)

• Got indefinite leave to enter the UK

• Got permanent residence status

Please note these persons applying must have been born in the UK and be under 18 years old when applying.

FEES

It costs £1,214 to apply. If the person turns 18 years old during the application process, they will need to pay £130 for their citizenship ceremony.

However, they may be able to apply for a fee waiver if they are under 18 years old and cannot afford to pay the application fee. It is advisable that persons read the guidance to check that they are eligible prior to applying.

HOW TO APPLY

Using the form online

Persons will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information, that is their fingerprints and a photograph.

The applicants will not need to send their documents anywhere. They can either:

• Upload copies into the online service; or

• Have them scanned at their UKVCAS appointment

It should also be noted that persons can also apply by post.

Please be aware that those persons who are applying from the Channel Islands, the Isle of Man or a British overseas territory will have to apply in person or by post instead. Those persons should check with their governor’s office what they should do. They will also be told how to provide the biometric information and supporting documents when they apply.

Persons should note that they can receive help to apply online but can only use this service if they are applying from within the UK. It should be noted that persons cannot get immigration advice through this service.

Good luck

John S. Bassie is a barrister/attorney-at-law who practices law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com