Can children born in the UK obtain British nationality? 90-day rule and £1,000 new fee

The child was born in a hospital in London, with the certificate stating "Place of birth: London". Many parents keep this paper, thinking that the issue of identity is thus resolved - until three years later, when they want to take the child back to their home country for a visit, and discover that the child has no documents allowing them to leave and return.

The UK abolished the "jus soli" (birthplace citizenship) from January 1, 1983, . After that, whether a child is British depends on one thing: whether the parents had status at the moment of birth .

At this time, section 1(3) of the Nationality Act applies: a child born in the UK who has either parent obtaining permanent residence or British nationality after the birth will have the right (entitlement) to register as a British citizen, applying with form MN1. Note two hard conditions - must be submitted before the child reaches 18 years old; if the child is over 10 years old, it also needs to meet the good character (good character) requirement.

This year there is a real good news: From April 8, 2026, the fee for children's naturalization will be reduced from £1,214 to £1,000, which is one of the few items that decreased in this round of fee adjustments (the same batch ILR increased to £3,226, and adult naturalization increased to £1,709). Additionally, if the family really cannot afford it, they can apply for a fee waiver.

Parents have never obtained permanent residency? The child can obtain British citizenship after living there for 10 years, but cannot leave the country for more than 90 days each year.

This is a bottom-line channel that many people are not aware of, Section 1(4) of the Nationality Act: A child born in the UK can apply for naturalization by using Form T when he or she reaches the age of 10 , and during the first 10 years after birth, he or she has left the UK for no more than 90 days each year . This completely ignores the status of the parents .

The key is the three characters "every year": it's not 90 days in total over 10 years, but calculated annually. Exceeding the limit in any single year may cause problems. The child returned to China for a 14-week summer vacation when he was six years old, which had already exceeded the limit. The Ministry of the Interior retains the discretion to grant exceptions in special cases, but must specify the reasons, not automatically release. Therefore, from the day the child was born, the entry and exit dates should be recorded.

Three Ways to Obtain British Citizenship for a Child Born in the UK (Recommended to Take Screenshot and Archive)

💡 Add a sentence: Children registering for citizenship do not need to take the Life in the UK test, nor do they need B1 English - these are the requirements for adults applying for citizenship. Only if the child is over 18 years old before the decision is made, they need to take the oath and pay the £130 ceremony fee.

The child did not automatically obtain British nationality, does he need to apply for a visa immediately? It must be handled before leaving the country.

There is a common misunderstanding here. A child born in the UK and who has always remained within the UK will not become an illegal resident due to "lack of visa" . However, once the child leaves the country, he or she must have a valid entry permit upon returning – which means that must obtain the dependent status before taking the child abroad for the first time .

Usually applied within the UK as a dependant child of the main visa holder, with the visa duration aligned with the parents'. The fees are subject to the fee table starting from GOV.UK April 8, 2026. An additional one-time payment of £776 per year for minor IHS is required for the entire visa period. Don't forget that the child's dependent residence period itself also counts towards the accumulated years for applying for ILR together with the parents in the future.

How to arrange the order of permanent residency and British nationality to save the most money? Three actions you can take today

1️⃣ Check the date of the permanent residency approval of the parents, and compare it with the child's birthday . If the approval is earlier, the child is likely a British citizen and can directly apply for a British passport without paying any registration fee.

2️⃣ After parents obtain , don't wait until the child is nearly 18 to use . MN1 is based on s.1(3) "right to reside", which becomes invalid after the 18th birthday. After that, only adult naturalisation is possible, costing £1,709, and requiring the Life in the UK test and English language proficiency. It's more cost-effective to apply earlier.

3️⃣ From now on, the days of departure for parents and children will be counted separately . The rule for parents is no more than 180 days within 5 years for every 12 months, while the rule for children is no more than 90 days per year for the first 10 years. These two sets of rules are not interchangeable, and mixing them is the easiest way to get into trouble. For families with many dates and long time spans, you can use 永居计算器 APP to accurately calculate each line down to the day.

If your situation is in a gray area - for example, if your parents' permanent residency approval and your child's birth are only a few days apart, or if your child leaves the country for just a few days over 90 days in a certain year - it's worth spending a little money to get clear answers first. On justiscript.com, £5 can get a UK-qualified lawyer to provide a written response within 24 hours on a specific issue, available in both Chinese and English, which is more reliable than trying to find answers on forums.

This document is for reference only. For specific issues, please consult a licensed attorney.
[Data Source] gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-8-april-2026 · gov.uk/government/publications/children-nationality-policy-guidance

Make my own judgment: Among these three paths, what's most regrettable is always the second one, . The parents have obtained permanent residency, and the child clearly has the right to register, but because they thought "it's not urgent," they dragged it all the way to 18 years old, wasting £709 and having to take two exams. The price of £1,000 was just reduced in April this year, so it's better to handle it as soon as possible.