Immigration Corner | Application for British citizenship for child residing in the UK

Dear Mr Bassie,

My child lives in the United Kingdom with me and I would like to know under what circumstances he can apply for British citizenship.

Thanks in advance.

KW

Dear KW,

Persons who have lived in the United Kingdom (UK) with their parents can apply for British citizenship if all of the following are true. They can apply if he/she is under 18 years of age and their mother or father was a British citizen at the time of their birth. Further, the applicant should have lived in the UK with their parent(s) for the three years prior to the date of their application.

In addition, the applicant must prove that he/she and their parents have not spent more than 270 days outside the UK during those three years; and that they were in the UK exactly three years before the day the Home Office received the application.

If the applicant’s parents are divorced or legally separated, only one parent needs to live in the UK with him/her. However, both parents must consent to the application.

Where the British parent lived in the UK before the child was born, persons may still be able to apply. Persons can apply if all of the following are true:

• He/she is under 18 years old

• Their mother or father was a British citizen when he/she was born

• The British parent lived in the UK for at least three years before he/she was born

• The British parent did not spend more than 270 days outside the UK during those three years

• The British parent had a British mother or father who could pass on their citizenship to them

Please note that the applicants’ British parent’s mother or father could pass on their citizenship if they were one of the following:

• Born or adopted in the UK; or

• Given citizenship after applying for it in their own right, which is not based on having a British parent; or

• Working as a Crown servant when their parent was born (for example, in the diplomatic service, overseas civil service or armed forces)

FEES

Please note that with respect to fees, applicants need to pay £1,214 to apply. However, they may be able to apply for a fee waiver if the applicant is under 18 years old and cannot afford to pay the fee.

I hope this helps.

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