British citizenship and passports

Casework requests: where to start

Many nationality enquiries – particularly those involving people from former colonies or with ancestral connections to the UK – come from constituents who really need professional legal advice. If in doubt, you should recommend that the constituent seek advice from a specialist solicitor or adviser. This may seem unhelpful, but a constituent will be helped much more by correct professional advice.   

Many common questions about British nationality law, such as eligibility for British citizenship, can be dealt with by signposting constituents to information on the ‘British citizenship’ pages on gov.uk. The Home Office’s ​​​​Nationality guidance, provides more detailed policy guidance. 

However, published policy guidance doesn’t cover every possible scenario, and the information might not be the most relevant to the case you are dealing with. Using the UK Visas and Immigration and HM Passport Office correspondence channels for MPs will often be the best way to progress specific enquiries. Contact details are available on the MPs’ hotlines list available on the Parliamentary intranet. The hotlines list is an internal resource for use by MPs and their staff only. 

What is British citizenship? 

‘British citizenship’ is one of six different types of British nationality status. The other types don’t automatically give the right to travel to and from and live and work in the UK without being subject to immigration controls (known as the ‘right of abode’). 

Who automatically gets British citizenship? 

Whether a person automatically gets British citizenship at birth depends on a combination of when and where they were born, and their parents’ circumstances at that time. 

The ‘Check if you’re a British citizen’ page on gov.uk explains how the law applies to people born at different points in time.  

Very briefly, under the British Nationality Act 1981, a person born in the UK on or after 1 January 1983 automatically becomes a British citizen at birth if at that time one of their parents is a British citizen or an Irish citizen living in the UK.  

People born to a non-British/Irish parent living in the UK without an immigration time restriction (such as with indefinite leave to remain) also automatically become British citizens at birth.  

People adopted by a British citizen in a UK court automatically become British citizens. There are more specific requirements for people adopted overseas. 

Usually, British citizenship can only automatically pass on to one generation born overseas. Therefore, people born overseas generally only automatically become British at birth if their British parent was not also born overseas (subject to limited exceptions, explained below). 

Types of British citizenship and how they affect passing on citizenship  

Every British citizen is either a British citizen “otherwise than by descent” or a British citizen “by descent”.  

• Those who were born or adopted in the UK, or who became British by applying for naturalisation, are British citizens “otherwise than by descent”. This reflects that their eligibility for citizenship is based on a connection to the UK as their place of birth, adoption or qualifying residence.  

• Those who were born overseas and automatically became British at birth are usually British citizens “by descent”. This reflects that their eligibility derives from having an ancestral connection to the UK. 

There is little practical difference between the two types of status, except that a child born overseas to a parent who is a British citizen “by descent” doesn’t automatically become British at birth. There is an exception for children born overseas to a British parent who, at the time of birth, had been sent to work abroad in Crown, designated or EU service. In these circumstances, the child automatically becomes a British citizen “otherwise than by descent”.  

Children born in the UK to a British citizen “by descent” automatically acquire British citizenship at birth in the same way they would if their parent was British “otherwise than by descent”.  

How else can you become a British citizen? 

People who don’t automatically acquire British citizenship through birth or adoption may be able to apply to become British on account of their residential or ancestral ties with the UK. The two routes to becoming British are naturalisation and registration. 

• Naturalisation as a British citizen is the route for adults who have completed a period of qualifying lawful residence in the UK and have permanent permission to stay.  

• Registration as a British citizen is the route for children under 18, and some categories of adults with a historic connection to the UK. There are several possible grounds for applying to be registered as British, with differing eligibility criteria. 

The ‘Check if you can become a British citizen’ page on gov.uk signposts the different grounds on which a person might be able to apply for British citizenship.   

How can you get a British passport? 

Only people who are British citizens or have another type of British nationality status can apply for a British passport. Applications are processed by HM Passport Office.  

The ‘Passports’ section on gov.uk contains practical information about eligibility and supporting documents, how to apply, and how to make an urgent application. Members of the public can also obtain general information from HM Passport Office’s Passport Adviceline. 

HM Passport Office’s passports policy guidance contains detailed information about its approach to specific situations. For example, if an applicant can’t provide the usual supporting evidence, is requesting a change of name, or has a different name in a foreign passport.   

Your office can use HM Passport Office and UK Visas and Immigration’s joint MPs’ correspondence channels to resolve other passport casework or policy issues.   

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.