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Is my UK-born child British? Form MN1 explained

A child born in the UK is automatically British if, at the birth, a parent is a British citizen or settled in the UK. Otherwise the child may be entitled to register on Form MN1 for £1,000 once a parent becomes settled or British.

Being born in the UK does not, on its own, make a child British. Since the British Nationality Act 1981, the child's nationality depends on the status of a parent at the time of the birth. That surprises many families, because a parent on a work, student or family visa can have a child born in a UK hospital who is not a British citizen at all.

This guide covers the three situations parents ask about most. The child is British automatically. The child is not British now but can register later. Or the child's position depends on a parent's EU Settlement Scheme status. It then explains Form MN1, which is the registration form, what it costs, what the Home Office asks for and how long it takes.

Everything here comes from section 1 and section 50 of the British Nationality Act 1981, the Home Office's Form MN1 guidance (August 2026), GOV.UK's pages on citizenship and the EU Settlement Scheme, and the 8 October 2026 fee table. It explains how the law works. It cannot say which category your child falls into, because that turns on the exact immigration status of the parents on the day of the birth.

When a UK-born child is British at birth

Section 1(1) of the British Nationality Act 1981 says a person born in the United Kingdom "shall be a British citizen if at the time of the birth his father or mother is" either:

  • a British citizen; or
  • settled in the United Kingdom.

A child born in the UK to a parent who is a member of the armed forces is also British under section 1(1A). The Form MN1 guide describes this group as children of a parent who is "a British citizen, or settled in the UK at the time the child is born, or a member of the UK armed forces". Such a child is British automatically and "does not need to be registered". The guide adds that a child in this position is a British citizen "otherwise than by descent", which matters because that status can generally be passed to the child's own children born outside the UK, while a citizen by descent cannot.

For these children no application is needed to create citizenship. GOV.UK's citizenship page says a child "may automatically be a British citizen" if they were born in the UK after the parent was granted indefinite leave to remain, and that you can apply for a child's passport if your child is under 16.

Only one parent has to meet the test, and the test is applied at the moment of birth. A parent who became settled the week after the birth does not make the child British under section 1(1). That is the gap the registration route fills.

What "settled" means

Section 50(2) of the Act defines it: references to a person being settled in the United Kingdom "are references to his being ordinarily resident in the United Kingdom ... without being subject under the immigration laws to any restriction on the period for which he may remain."

In practice the Form MN1 guide says: "To be settled, the parent(s) must be free from immigration conditions." It gives indefinite leave to remain as the usual example. Time-limited permission, such as a Skilled Worker, Student, Graduate or family visa, is a restriction on the period you may remain, so a parent holding it is not settled for this purpose. Section 50(3) also says a person is not to be regarded as having been settled at any time when entitled to certain exemptions from immigration control under the Immigration Act 1971.

The Form MN1 guide lists groups of children born in the UK who are not automatically British, including children of:

  • diplomatic staff with diplomatic immunity;
  • members of the armed forces of another country based in or visiting the UK; and
  • "parents who are/were in breach of immigration laws". The guide says this may apply to parents claiming asylum even if given temporary admission, "particularly where asylum seekers entered the UK illegally".

For a particular birth, the parent's status on that day is what counts, and only the parent's documents can show it.

Parents with EU Settlement Scheme status

For parents who are EU, EEA or Swiss citizens, the rules turn on the type of status they hold. GOV.UK's EU Settlement Scheme page says:

  • if you get settled status, "any children born in the UK while you're living here will automatically be British citizens";
  • if you get pre-settled status, "any children born in the UK will be eligible for pre-settled status". They "will only be a British citizen if they qualify for it through their other parent".

Timing around the 30 June 2021 deadline matters too. GOV.UK says a child born in the UK on or after 1 July 2021 may still be British automatically even if the parent did not have settled status at the time of the birth, if the parent either applied for settled status by 30 June 2021 but was only granted it after the birth, or applied after 30 June 2021 with "reasonable grounds" for the late application and would have been granted settled status had they applied by that deadline.

The Form MN1 guide goes through earlier birth dates, because different rules applied before and after the EU Settlement Scheme. For a child born in the UK to an EEA national on or after 1 July 2021 it lists the parent holding indefinite leave to remain (including settled status), the late-application cases above, and a parent with a Withdrawal Agreement right to reside permanently on the basis of qualifying activity. A child whose parent was not settled at the birth can later qualify for registration under section 1(3) if the parent becomes settled, which the guide says includes being granted indefinite leave under the EU Settlement Scheme.

Our articles on late EU Settlement Scheme applications and on moving from pre-settled to settled status explain how a parent's own status is obtained.

When the child is not British yet: the entitlement to register

Section 1(3) gives an entitlement to registration. A person born in the UK who is not British under section 1(1), (1A) or (2) "shall be entitled to be registered as a British citizen if, while he is a minor":

  • his father or mother becomes a British citizen or becomes settled in the UK; and
  • an application is made for his registration.

The Form MN1 guide explains: "A child born in the UK whose parents are not British citizens and were not settled in the UK will have an entitlement to register when one of their parents become settled in the UK or become British citizens." A child's entitlement is therefore a matter of timing. If a parent becomes settled, or a British citizen, while the child is under 18, the child has the right to be registered, and the application must be made before the child turns 18. After that the guide says the person must apply to naturalise using Form AN or use an adult registration route.

A similar entitlement exists under section 1(3A) for a child born in the UK on or after 13 January 2010 if either parent later joins the UK armed forces.

Ten years in the UK. Section 1(4) gives a different entitlement. A person born in the UK who is not otherwise British is entitled to be registered, on an application made after their tenth birthday, if in each of the first ten years of their life they were absent from the UK for no more than 90 days. The Secretary of State may excuse an excess in special circumstances under section 1(7). The Form MN1 guide says this route uses a different form, Form T, and is not covered by MN1. The same guide points to separate forms for stateless children (Form S3 for a UK-born child who has always been stateless, after 5 years' residence).

Where a child does not qualify by entitlement, the guide says the Home Secretary has discretion to register a child in some circumstances. It describes this as depending on the compelling nature of the circumstances. That is a different footing from an entitlement and the Home Office describes it as discretionary.

Form MN1: how the application works

Form MN1 is the Home Office application for registering a child under 18 as a British citizen. Its GOV.UK page says people who do not live in the Channel Islands, the Isle of Man or a British overseas territory can apply online. The paper form is for people who live in those places, and for people elsewhere who want to apply by post and send documents with the application. The MN1 guide covers section 1(3) and 1(3A) applications for children born in the UK, section 3 applications for children born abroad, and several other sections, and invites you to name the section you think applies.

What the application asks for:

  • Identity and parents' details. The form asks for the child's names, date and place of birth, the parents' details and, for each parent, when they became settled or British.
  • Documents for a child living in the UK. The guide lists the child's full birth certificate, the child's passport of entry to the UK and any later passports, the parents' marriage or civil partnership certificate, and, where one parent does not agree to registration, a letter explaining why. If the application is made by a guardian, evidence of their right to do so is needed, such as a deed, will or court order.
  • Good character if the child is 10 or over. The guide says this is a statutory requirement for children aged ten or over, and lists the same kinds of declaration that adults make: convictions and other penalties, financial matters, deception and immigration history. It adds that breaches of immigration law will normally be overlooked if they were outside the child's control, taking account of the child's age at the time.
  • Two referees. The same rules as for adults, except that at least one must have dealt with the child in a professional role, such as a teacher, doctor, health visitor or social worker.
  • Biometrics. Children under 5 have a photograph only. Children under 16 must attend with a parent or guardian.

Only children who are not already British should be listed. If a child was in fact British at birth, they do not need to be registered, and the guide says children who have automatically acquired citizenship "do not need to be registered".

Cost, speed and what happens when the child becomes British

GOV.UK's citizenship page says registering a child costs £1,000 for each child, and the fee table dated 8 October 2026 lists "Nationality registration as a British citizen - child" at £1,000, unchanged. If the child turns 18 during the application, a further £130 citizenship ceremony fee is requested at the point of decision. The MN1 page says you may be able to apply for a fee waiver if the child is under 18 and the fee cannot be afforded.

Compare this with the fees for the other options families are weighing, as facts rather than advice. The indefinite leave to remain fee is £3,226 per person in the fee table. Adult naturalisation is £1,709 plus £130. A dependant's application for permission to stay has its own fee depending on the route. Our guides to the ILR fee and to British citizenship cost list the amounts.

  • Time. The MN1 guide says the Home Office aims to conclude citizenship applications within 6 months and will contact you if it expects longer. The priority service, listed on GOV.UK's faster-decision page as available when registering a child under 18, costs £500 more and usually gives a decision in 30 working days.
  • Becoming British. If the child is under 18 when the application is decided, "they will become a British citizen on the date the application is approved". No citizenship ceremony is needed, though the child is invited to a family celebration. A child who turns 18 before the decision attends a ceremony and takes the oath before becoming a citizen.
  • After approval. The guide notes there are no current plans for digital evidence of British citizenship. A child who wants to travel as a British citizen needs a British passport or certificate of entitlement to the right of abode.
  • Fees are not returned if it fails. The MN1 application form says "Full fees cannot be returned for applications that fail", so it matters to be sure which section applies.

A parent applying to naturalise can include a child's registration at the same time. The guide warns that if the parent's application is refused and the relevant section of the form is not completed, the child's application is treated as withdrawn and no refund is given.

A child born in the UK who is not British

Some families do not know their child is not British until they apply for a passport or start a visa application. A few facts from official pages apply.

  • GOV.UK's Graduate visa page says: "If you have a child while you're in the UK, they do not automatically become a British citizen." It tells Graduate visa holders that they must apply for the child's dependant visa if they want to travel in and out of the UK with the child, and that a child born in the UK during the parent's current Student or Graduate permission can apply as a dependant.
  • If a parent is later granted indefinite leave while the child is still a minor, the child's entitlement to register under section 1(3) arises, and the MN1 route opens.
  • A parent who becomes a British citizen while the child is a minor also triggers the section 1(3) entitlement.
  • A parent applying to naturalise can ask for the child to be registered in the same application. The MN1 guide lists that under section 3(1), which is at the Home Secretary's discretion rather than an entitlement.

None of this tells a family which route to use for their child, or when. That depends on the parent's visa, expiry dates and the family's plans. A regulated adviser can compare the costs and the timing for a particular family.

Finding a regulated adviser

Both Form MN1 and Form AN guidance say nationality advice may only be given by a person who works for an organisation registered with, or exempted by, the Immigration Advice Authority (IAA, formerly the OISC), or who is authorised by a designated professional body such as the Law Society or the Bar Council. GOV.UK explains how to find an immigration adviser and how to check their registration.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Is a baby born in the UK automatically a British citizen?

Not always. Under section 1(1) of the British Nationality Act 1981, a child born in the UK is British if, at the time of the birth, a parent is a British citizen or settled in the UK. A child of parents on time-limited visas is not British at birth.

What does "settled" mean for a UK birth?

Section 50(2) of the Act says it means being ordinarily resident in the UK without being subject under the immigration laws to any restriction on the period you may remain. Indefinite leave to remain is the usual example. Pre-settled status under the EU Settlement Scheme is not settled.

How much does Form MN1 cost?

£1,000 per child, per GOV.UK and the 8 October 2026 fee table. If the child turns 18 during the application a £130 ceremony fee is added. A fee waiver may be available if the child is under 18 and the fee cannot be afforded.

Can my child register if I get indefinite leave later?

Section 1(3) gives a UK-born child an entitlement to be registered if, while a minor, a parent becomes a British citizen or becomes settled, and an application is made. The application must be made while the child is under 18.

Does my child need a citizenship ceremony?

The MN1 guide says a child under 18 when the application is decided becomes British on the date it is approved and does not need to attend a ceremony. A child who is 18 or over at the decision must attend one before becoming a citizen.

If I have pre-settled status, is my UK-born child British?

GOV.UK says a child born to a parent with pre-settled status will only be British if they qualify through their other parent. They are eligible for pre-settled status themselves. If the parent later gets settled status, the child may have an entitlement to register.

Sources

Last checked 2026-10-10.

Related guides

  • Form AN: applying for British naturalisation step by step — Form AN is the paper form for naturalisation as a British citizen; most people apply online. GOV.UK gives the cost as £1,839 (£1,709 plus a £130 ceremony fee), with a decision usually within 6 months and an optional £500 priority service.
  • British citizenship cost: £1,709 plus £130 ceremony — Applying to naturalise as a British citizen costs £1,709, and a £130 citizenship ceremony fee is added, so £1,839 in total. Registering a child costs £1,000. The Life in the UK Test is £50 and the optional priority service is £500 more, according to GOV.UK and the Home Office fee table of 8 October 2026.
  • ILR fee in 2026: £3,226 per person and extras — Indefinite leave to remain (ILR) costs £3,226 for each person applying, and the Home Office fee table of 8 October 2026 shows no change from the current fee. Most applicants aged 18 to 64 also pay £50 for the Life in the UK Test, and can pay £500 or £1,000 more per person for a faster decision where the application type allows it. There is no health surcharge for ILR.
  • Parent of a child in the UK: how the visa works — The parent route in Appendix FM is for a parent of a child under 18 who lives in the UK and is British, settled or has Appendix EU status. It costs £2,064 from outside the UK (£1,407 inside), needs evidence of an active role in the child's upbringing, and can lead to settlement after 5 years.
  • EU Settlement Scheme late applications: how the rules work — The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021, but a later application is still possible if your deadline is later or you have reasonable grounds for the delay. The application costs nothing, and a certificate of application protects your rights while it is decided.
  • Pre-settled to settled status: what happens and when — Pre-settled status is 5 years of limited leave. GOV.UK says it is usually extended by 5 years before it expires and may be converted to settled status automatically, or you can apply once you have 5 years of continuous residence. There is no application fee.
  • Settling as a partner after 5 years: ILR and form SET(M) — A partner on the 5-year route can apply for indefinite leave to remain after 60 months of continuous residence on partner permission with the same partner. The application costs £3,226, uses the online form SET(M), and needs the financial requirement, English and Life in the UK test evidence again.