Automatic acquisition of British citizenship of children whose parents have acquired EU settled status after 30th June 2021:
Any child born in the UK on or after 01/07/2021 will automatically be a British Citizen provided their parents acquired EU Settled Status after the deadline of 30/06/2021.
A new section 10A (‘the new rule) has been introduced to the British Nationality Act 1981 by the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021. The new rule allows children to acquire British citizenship automatically, but one of the parents must meet all three mandatory conditions. The new section 10A is as follows:
‘Amendment of the British Nationality Act 1981
2.—(1) The British Nationality Act 1981 is amended as follows.
(2) In section 1 (acquisition by birth or adoption), in subsections (3), (3A) and (4), after “(1), (1A) or (2)” insert “or section 10A”.
(3) After section 10 (registration following renunciation of citizenship of UK and Colonies) insert—
“Acquisition in connection with immigration rules Appendix EU
10A.—(1) This section applies to a person born in the United Kingdom on or after 1st July 2021 who is not a British citizen on the relevant date by virtue of any other provision of this Act.
(2) A person to whom this section applies (“C”) is a British citizen as from the relevant date if conditions 1 to 3 are satisfied in the case of either C’s father or mother (“P”).
(3) Condition 1 is that, on or after 1st July 2021, P is granted—
(a)UK related indefinite leave under paragraph EU2 of Appendix EU to the UK immigration rules;
(b)Isle of Man related indefinite leave under paragraph EU2 of Appendix EU to the Isle of Man immigration rules,
and the date of grant of such leave is referred to in this section as “the relevant date”.
(4) Condition 2 is that—
(a)P is granted the leave described in subsection (3)(a) or (b) pursuant to an application made before 1st July 2021, or
(b)immediately before 1st July 2021, P would have met the eligibility requirements for—
(i)UK related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the UK immigration rules, or
(ii)Isle of Man related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the Isle of Man immigration rules,
if an application had been made at that time.
(5) Condition 3 is that P is ordinarily resident in the United Kingdom on the relevant date.’
However, the new rule does not apply to children of parents who are in the UK with Pre-Settled status under the EU Settlement Scheme. Any child of parents currently in the UK with Pre-Settled status can apply under section 1(3) of the British Nationality Act 1981 for registering them as British citizens once their parents acquire Settled status.
The parents, who have not made an application yet, can still apply after 30/06/2021, provided there are reasonable grounds for making a late application. Needless to add that such applicant/(s) should act promptly. Under the new rule, any child of parents who acquired EU Settled Status after 30/06/2021 because either their applications were pending for decisions or they applied late, would become a British citizen automatically from the date the Settled status is granted to their parents under EU Settlement Scheme.
Any such child does not need to make any further naturalisation or registration application. Instead, they can apply for their first British passport straightway after acquiring British citizenship under the new rule.