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British citizenship : children born outside the UK

British Nationality Act 1981

This leaflet explains how parents who are British citizens can pass their citizenship on to their children born outside the United Kingdom (or outside the United Kingdom and qualifying territories from 21 May 2002) to parents in Crown service, in designated service, or in service under a European Community Institution.

General

1. This leaflet explains how parents who are British citizens and serving outside the United Kingdom (see Note A) and, in certain circumstances, outside a qualifying territory (see Note B) in Crown service (see paragraph 9), in designated service (see paragraph 10) or in service under a European Community institution (see paragraph 11) will pass their citizenship on to their children born abroad on or after 1 January 1983.

2. Since 1 January 1983, women have been able to pass on British citizenship to their children who were born abroad in the same way as men (see Note C).

The difference between being a British citizen otherwise than by descent and a British citizen by descent

3. Every British citizen is either a British citizen otherwise than by descent or a British citizen by descent. The difference determines the way in which he or she can pass on British citizenship to children born outside the United Kingdom (see Note A). British citizens otherwise than by descent pass on British citizenship automatically to their children who were born abroad on or after 1 January 1983. British citizens by descent apart from British citizens in the types of service referred to in paragraph 1, do not.

Children born outside the United Kingdom between 1 January 1983 and 20 May 2002 to a parent serving outside the United Kingdom in Crown, designated or European Community service

4. If, when your child was born outside the United Kingdom (see Note A), you were, or your husband or wife was:

A British citizen (whether otherwise than by descent or by descent); and
In one of the types of service referred to in paragraph 1; and
Recruited to that service in the United Kingdom (see Note A) in the case of Crown or designated service, or in a country which was at the time of recruitment a member of the European Communities (see Note D) in the case of service with a Community institution;

Your child would automatically have been a British citizen at birth.

Children born outside the United Kingdom and the qualifying territories on or after 21 May 2002 to a parent serving outside the United Kingdom as well as outside the qualifying territories in Crown, designated or European Community service.

5. If, when your child is born outside the United Kingdom (see Note A) and outside the qualifying territories (see Note B) on or after 21 May 2002, you are, or your husband or wife is:

A British citizen (whether otherwise than by descent or by descent); and
In one of the types of service referred to in paragraph 1; and
Recruited to the service in the United Kingdom (see Note A) or a qualifying territory (see Note B) in the case of Crown or designated service, or in a country which was at the time of recruitment a member of the European Communities (see Note D) in the case of service with a Community institution.

Your child will automatically be a British citizen at birth.

6. Under paragraph 4 or 5, your child will be a British citizen otherwise than by descent and so will automatically pass on British citizenship to any children he or she has outside the United Kingdom and the qualifying territories in the future.

7. You do not need to take any official action when your child is born to confirm your status, but if you want, for example, to apply for a British passport for your child, you may need to produce certain documents. This is explained in more detail in paragraph 13.

British citizens born abroad before 1 January 1983 to fathers serving outside the United Kingdom in Crown, designated or European Community service

8. A person born outside the United Kingdom (see Note A) before 1 January 1983 who became a British citizen on that date (see Note E) is a British citizen otherwise than by descent if:

The persons' father was, at the time of the person's birth, serving outside the United Kingdom in Crown service (see paragraph 9), in service which at any time is designated by the Home Secretary (see paragraph 10), or in service under a European Community institution (see paragraph 11); and
He was recruited to that service in the United Kingdom (see Note A) in the case of Crown or designated service, or in a country which was at the time of recruitment a member of the European Communities (see Note D) in the case of service with a Community institution.

A person who is a British citizen otherwise than by descent can automatically pass on British citizenship to any children he or she may have in future outside the United Kingdom and qualifying territories.

Where a service has been designated after 1 January 1983, British citizens who were born abroad before 1 January 1983 to fathers serving outside the United Kingdom in that service will be British citizens otherwise than by descent from the date their father's service was designated. They can automatically pass on British citizenship they may have on or after the date of designation.

Crown service

9. In this leaflet, 'Crown service' means Crown service under the United Kingdom Government, under the Northern Ireland Government, under the Scottish Administration and, on or after 21 May 2002, under the governments of the qualifying territories (see Note B). It does not include service under the governments of former British overseas territories, Commonwealth countries of which Her Majesty the Queen is Head of State or what used to be self-governing dominions. Members of Her Majesty's Forces, the Home Civil Service and Her Majesty's Diplomatic Service are among those who are in Crown service under the United Kingdom Government. If you are not sure whether you are in Crown service, you should write to your employer for confirmation.

Designated service

10. This is a service which the Home Secretary gives as being closely associated with the overseas activities of the United Kingdom Government and, from 21 May 2002, the overseas activities of the governments of the qualifying territories (see Note B). The forms of service which have been designated by the Home Secretary, with the date when designation came into operation in each case, are:

a. Service as a Governor, an official, a judge or a magistrate in a United Kingdom British overseas territory (see Note F) (from 1 January 1983).

b. Crown service under the United Kingdom Government, under the Northern Ireland Government or under the Scottish Administration, where the person is temporarily on secondment overseas (from 1 January 1983).

c. Overseas service by certain civilians who are subject to the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (see Note G) (from 1 January 1983).

d. Service under the North Atlantic Treaty Organisation (NATO) (from 1 January 1983).

e. Service under the Commonwealth War Graves Commission (from 1 January 1983).

f. Service under the British Council, as long as the employee is paid wholly from British Council funds (from 1 January 1983).

g. Service under the British Tourist Authority (from 1 January 1983).

h. Service under the Commonwealth Development Corporation (from 21 December 1984).

i. Service under the Medical Research Council (from 21 December 1984).

j. Service under the Science and Engineering Research Council (from 21 December 1984) or under the Engineering and Physical Sciences Research Council, the Biotechnology and Biological Sciences Research Council or the Particle Physics and Astronomy Research Council (from 1 April 1994).

k. Service under the Natural Environment Research Council (from 21 December 1984).

l. Service under the Agricultural and Food Research Council (from 30 April 1987) or under the Biotechnology and Biological Sciences Research Council (from 1 April 1994).

m. Service on secondment from any of the Research Councils listed at (i) to (l) above (from 30 April 1987).

n. Service under the European Patent Office (from 16 February 1990).

o. Service under the Customs Co-operation Council (from 1 April 1994).

p. Service under the European Conference of Ministers of Transport (from 1 April 1995).

q. Service under the International Energy Agency (from 1 April 1995).

r. Service under the Organisation for Economic Co-operation and Development (from 1 April 1995).

s. Service under, or on secondment from, the Council for the Central Laboratory of the Research Councils (from 1 April 1995).

If you are not sure whether you are in designated service, you should write to your employer for confirmation.

European Community service

11. The following categories of people are regarded as being in service under a European Community institution for the purpose of the British Nationality Act 1981 (this list may change from time to time).

a. Members of the European Parliament; Members of the Commission; Judges, Advocates General, the Registrar and Assistant Rapporteurs of the European Court of Justice; Members of the Court of Auditors and the Ombudsman.

b. Officials and other servants of the European Communities, including those working for:

the Commission
the Council
the Parliament
the Court of Justice
the Court of Auditors
the Economic and Social Committee
the Committee of the Regions
the Office of the Ombudsman
the ECSC Consultative Committee
the European Investment Bank
the European Monetary Institute
the European Central Bank
the Joint Research Centre
the Scientific and Technical Committee
the Monetary Committee
the EURATOM Supply Agency
the Europol Drugs Unit
Europol
the Training Foundation
the Environment Agency
the Community Trademarks Office
the European Plant Breeders Rights Office
the European Centre for the Development of Vocational Training
the European Foundation for the Improvement of Living and Working Conditions
the European Medicines Evaluation Agency
the European Monitoring Centre for Drugs and Drug Addiction
the Agency for Safety and Health at Work
the EC Office of Veterinary and Phyto-Sanitary Inspectorate

If you are not sure whether you are in service under a European Community institution, you should write to your employer for confirmation.

Recruitment

12. Officer in Her Majesty's Forces are all recruited in the United Kingdom. Other ranks are regarded as having been recruited where they go through the process of attestation. Members of the Home Civil Service and of Her Majesty's Diplomatic Service are regarded as having been recruited in the United Kingdom. If you are in one of the types of service listed in paragraph 1, and you are not sure where you were recruited, you should write to your employer for confirmation.

British passports and how to establish your child's citizenship

13. If your child became a British citizen automatically at birth under the arrangements described in paragraph 4, you will need to produce certain documents if you want to get a passport for your child.

These documents will vary, but you will normally be asked to produce a copy of:

your child's birth certificate showing your child's parents;
your marriage certificate;
evidence that when your child was born the relevant parent was a British citizen (this will normally be a British passport); and
evidence that he or she was in one of the types of service listed in paragraph 1, after being recruited in the United Kingdom (or, if your child was born on or after 21 May 2002, a qualifying territory) or in the European Community in the case of employment with a European Community institution (this will normally be an official letter from your employer confirming your employment and where you were recruited).

Paragraph 14 tells you where you should send your application for a British passport, depending on where you are.

Addresses for enquiries

14. If you are in England, Scotland, Wales or Northern Ireland and have any questions about this leaflet or about being a British citizen, please contact:

Home Office IND
Immigration and Nationality Policy Directorate
3rd Floor, India Buildings
Water Street
Liverpool L2 0QN

Telephone 0151 237 5200

Alternatively, you can telephone Coventry Law Centre for free immigration advice on Tuesdays and Thursdays between 10:00am - 12noon on telephone number 024 76253168.

Notes

A. In this leaflet, the United Kingdom means England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man.

B. The qualifying territories are the British overseas territories (see Note F) except for the Sovereign Base Areas of Akrotiri and Dhekelia.

C. Women can pass on their British citizenship to illegitimate children, but men cannot.

D. The following countries are currently members of the European Communities: Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, Greece, the Republic of Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom.

E. Generally speaking, a person became a British citizen on 1 January 1983 if on 31 December 1982 he or she was a citizen of the United Kingdom and Colonies who had the right of abode through is or her own, or a parent's or a grandparent's birth, legal adoption, naturalisation or registration in the United Kingdom (see Note A) or who had lived in the United Kingdom whilst a citizen of the United Kingdom and Colonies for five years at any time before 1 January 1983, and was not subject to restrictions under the immigration laws at the end of that five-year period.

F. The British overseas territories are what, before 26 February 2002, were called British dependent territories.

The British overseas territories are currently: Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Duce and Oeno Islands, St Helena and Dependencies, South Georgia and the South Sandwich Islands, the Sovereign Base Areas of Akrotiri and Dhekelia, Turks and Caicos Islands, and Virgin Islands.

G. Item c. covers people who work for the following organisations,

Australia, New Zealand and Malaya Defence Organisation
Baghdad Pact Council
British Red Cross Society
British Sailors' Society
Central Treaty Organisation
Council of Voluntary Welfare Work, which includes:

1. Catholic Women's League
2. Church Army
3. Church of England Soldiers', Sailors' and Airmen's Clubs
4. Church of Scotland Committee on Hut and Canteen Work for HM Forces
5. Methodist Church Forces' Centres
6. Mission to Mediterranean Garrisons
7. Royal Sailors' Rests
8. Salvation Army
9. Sailors' Soldiers' and Airmen's Homes
10. Toc H
11. YMCA
12. YWCA

Malcolm Clubs
Missions to Seamen
Navy, Army and Air Force Institute (NAAFI)
Royal Navy Film Corporation
Royal Navy Lay Readers' Society
Services Sound and Vision Corporation (including British Forces Broadcasting Service)
Soldiers' and Airmen's Scripture Readers' Association
Soldiers', Sailors' and Airmen's Families Association (SSAFA)
South East Asia Collective Defence Treaty Organisation (SEATO)
Venerable Order of the Hospital of St John of Jerusalem
Women's Royal Voluntary Service (WRVS)

Item c also includes the following organisation (but only from 1 January 1983 until 30 September 1988):

Combined Services Entertainments
Forces Help Society and Lord Roberts Workshops
Services Central Book Depot
St Andrews' Ambulance Association

This list may change from time to time

The law covering British citizenship and designated service is in the British Nationality Act 1981 and the Regulations and Orders made under it. The information given here is only a brief guide to the law and the Home Secretary's policy. It is not a complete statement of either the law or policy.