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British citizenship for children whose parents miss the EU settled status deadline

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  • UPDATE British citizenship for children whose parents miss the EU settled status deadline

    On 1 July 2021, new legislation introduced a new Section to the British Nationality Act 1981.

    This new section ensures that certain children born from 1 July 2021 onwards will automatically acquire British citizenship in situations where a parent qualified for settled status before that date, but settled status was only granted after the child’s birth.

    This new section is headed Acquisition in connection with immigration rules Appendix EU, and will only apply in situations where a parent acquires settled status under Appendix EU. It does not apply to situations where parents acquire indefinite leave to remain under other parts of the Immigration Rules.

    Where a parent was entitled to the settled status before 1 July 2021, but they only obtain it after the birth of a child born after that date, their child will be automatically British from the date that settled status is granted. The child therefore will not have to register as a British citizen for a fee of £1031.20 the child is automatically born British and their parent will be able to proceed with a British passport application straight away.

    This legislation is intended to fill a gap where an eligible parent should have acquired EU settled status in time for the child’s birth, but had reasonable ground to make a late application ( applied late) or there has been a delay in processing and obtaining settled status within the deadline.


    When applying for the child's first passport, you will need to show how the child is eligible:

    If you applied late, you will need evidence that you met the criteria for settled status at the end of June 2021, and evidence of having been granted settled status.
    For someone who applied in time, it should be enough to show that you made an application before 1 July, and it was granted after that date.

    The Passport Office is likely to introduce guidance on this in due course.

    Sources:

    British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduces Section 10A to the British Nationality Act 1981.
    Last edited by ClaudLatina; 29-09-2021, 10:41 AM. Reason: removed broken link behind paywall - added note.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.


  • #2
    Originally posted by Site Admin View Post
    On 1 July 2021, new legislation introduced a new Section to the British Nationality Act 1981.

    This new section ensures that certain children born from 1 July 2021 onwards will automatically acquire British citizenship in situations where a parent qualified for settled status before that date, but is only granted it after the child’s birth.

    This new section is headed Acquisition in connection with immigration rules Appendix EU, and will only apply in situations where a parent acquires settled status under Appendix EU. It does not apply to situations where parents acquire indefinite leave to remain under other parts of the Immigration Rules.

    Where a parent was entitled to settled status before 1 July 2021 but they only obtain it after the birth of a child born after that date, their child will be automatically British from the date that settled status is granted.

    This legislation is intended to plug a gap where an eligible parent should have acquired EU settled status in time for the child’s birth but, for some reason, failed to do so, either because pf the time it took to process their application, or because they applied late.

    When applying for the child's first passport, you will need to establish how the child is eligible:

    If you applied late, you will need evidence that you met the criteria for settled status at the end of June 2021, and evidence of having been granted settled status.
    For someone who applied in time, it should be enough to show that you made an application before 1 July, and it was granted after that date.

    The Passport Office is likely to introduce guidance on this in due course.

    Sources:

    British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduces Section 10A to the British Nationality Act 1981.

    British citizenship for children whose parents miss the EU settled status deadline - Free Movement
    is not publicly available any longer - removed - there some info in this link Changes to nationality law post EU Settlement Scheme deadline – is my child British?

    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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