Immigration Corner | Eligibility for British citizenship if born after July 2006

Dear Mr. Bassie,

I was born in 2007 outside of the United Kingdom and one of my parents is British. I would like to know if I am eligible for British citizenship. Any advice would be appreciated.

FF

Dear FF,

Persons may be eligible to apply for citizenship if they have a British parent. However, this will depend on where and when they were born, and their parents’ circumstances. Persons should be aware that if they were born in the United Kingdom (UK), they should check their eligibility for citizenship.

PERSONS BORN OUTSIDE THE UK

Persons who were born outside of the UK should note that British citizenship is normally automatically passed down one generation to those children.

For example, a person may automatically become a citizen if he/she were born outside the UK to a British parent. However, their children will not automatically be citizens if they are born outside the UK.

Please note, persons who are not automatically citizens may be eligible to apply to ‘register’ as one, and should check their eligibility if they were born:

• On or after July 1, 2006;

• Between 1983 and June 2006;

• Before 1983.

PERSONS BORN ON OR AFTER JULY 1, 2006

Persons should be aware that they are automatically a British citizen if they were born outside the UK and all of the following apply:

• They were born on or after July 1, 2006;

• Their mother or father was a British citizen when they were born; and

• The British parent could pass on their citizenship to the child.

If the father was a British citizen when he/she was born and their mother was married to someone else at the time, that person may not automatically be a British citizen. However, he/she might be eligible to apply for citizenship using form UKF.

The British parent could pass on their citizenship to the child if they were one of the following:

• Born or adopted in the UK;

• Given citizenship after applying for it in their own right (not based on having a British parent);

• Working as a Crown servant when you were born (for example in the diplomatic service, overseas civil service or armed forces).

Please note that if the applicant qualifies for citizenship in this way, their children will not automatically become British if they are born outside the UK. They should check with the authorities if they qualify another way.

If persons are automatically a citizen, they can apply for:

• A child’s passport if he/she is under 16 years old;

• An adult passport if he/she is over 16 years old;

• A letter confirming their citizenship titled ( ‘immigration status’).

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.

BEFORE APPLYING

Persons should be aware that it may take longer than the usual six months to get a decision because of the coronavirus (COVID-19). Applicants will get extra time to provide their fingerprints, photo and additional information, and to book a citizenship ceremony. This will not affect the decision.

HOW TO APPLY

To apply, persons should fill in the form online.The applicant will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information (fingerprints and a photo).

Persons do not need to send their documents anywhere. They can either upload copies into the online service or have them scanned at your UKVCAS appointment.

Persons can also apply by post. However, this will take much longer than applying online because of the coronavirus. Where possible, persons should avoid applying by post, especially if the documents are needed back by a specific date.

With respect to fees, persons will need to pay £1,214 to apply. Applicants may be able to apply for a fee waiver if they are under 18 years old and cannot afford to pay the fee.

Good luck.

John S. Bassie is a barrister/attorney-at-law who practises 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