British nationality law: Difference between revisions

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Prior to 1983, all Individuals born within the [[British Islands]] (the United Kingdom and [[Crown Dependencies]]) received British citizenship at birth regardless of the nationalities of their parents. Individuals born afterwards only receive citizenship at birth if at least one parent is a British citizen or considered to have [[Indefinite leave to remain|settled status]] in the UK. Children born overseas are British citizens by descent if either parent is a citizen otherwise than by descent, subject to regulations.{{sfn|Sawyer|Wray|2014|pp=6, 11}} Adopted children are treated as if they were naturally born to the adopting parents at the time of adoption.{{sfn|Sawyer|Wray|2014|p=14}} Children born abroad to members of the [[British Armed Forces]] or British citizens on [[Crown servant|Crown service]] are treated as if they were born in the UK.{{sfn|Sawyer|Wray|2014|p=11}}
 
Children born in the UK to a resident Irish citizen at any time are always British citizens at birth.{{sfn|Treaty rights passport applications|p=12}} Since 1983, the status of a child born in the UK is dependent on whether their parents held British citizenship or settled status at the time of their birth. Irish citizens residing in the UK are deemed to hold settled status upon arrival .{{sfn|Sawyer|Wray|2014|pp=6, 11}}
 
Regulations concerning settled status for other [[European Union]] (EU), [[European Economic Area]] (EEA) and [[Switzerland|Swiss]] citizens have changed greatly over time, affecting the status of their children born during the different regulatory periods. EU/EEA citizens living in the UK before 2 October 2000 were automatically considered to be settled.{{sfn|Treaty rights passport applications|p=30}} Between that date and 29 April 2006, EU/EEA citizens were required to apply for permanent residency.<ref>{{cite web |title=Check if you're a British citizen: Born in the UK between 2 October 2000 and 29 April 2006 |website=[[GOV.UK]] |url=https://www.gov.uk/check-british-citizenship/born-in-the-uk-between-2-october-2000-and-29-april-2006 |access-date=25 January 2022 }}</ref> Swiss citizens became subject to the same regulations on 1 June 2002.{{sfn|Treaty rights passport applications|p=13}} From 30 April 2006 until 30 June 2021, EU/EEA and Swiss citizens living in the UK for at least five years automatically received permanent resident status.{{sfn|Treaty rights passport applications|p=32}} Permanent resident status for these citizens expired on 1 July 2021, after which they have been required to hold settled status through the [[European Union Settlement Scheme]] or another path.{{sfn|Treaty rights passport applications|p=16}}