Children of EU parents

Why are we concerned about children of EU parents living in the UK?

Following the end the Transition Period (31 December 2020) and the six-month grace period (1 January 2021 – 30 June 2021), the children of EU citizens need to have lawful status to live in the UK, as EU free movement law rights ended. However, the legal position of children can be complicated and may diverge from their parent’s legal position. 

Children of EU parents can have different lawful status depending on their situation. The possible legal situations are:

• Immigration permission = pre-settled or settled status under the EU Settlement Scheme or another type of visa or immigration status
• The right of abode = held by British citizens and some Commonwealth citizens
• Are free from immigration restrictions = the special status of Irish citizens / children of diplomats

Children who do not fall under any of the above categories will not have lawful permission to live in the UK. Lacking lawful status is likely result in significant negative consequences under the Home Office “hostile immigration environment”. In some cases, children do not realise they lack lawful status for many years until they encounter a “trigger event” which highlights their precarious legal position 

For example, a child applies to attend university when they are 17 years old and the university asks them for proof of their legal status. If the child does not fall under any of the above situations they cannot provide the required evidence which mean the university cannot offer them a study place. 

It is therefore essential that children of EU citizens – both those born inside and outside the UK – ensure that they have lawful status and that they have evidence of their lawful status if they need to prove it. 

In some cases, lawful status will be automatically conferred on children (e.g. children born automatically British) in which case they already hold rights but would want to apply for a British passport as straightforward confirmation of their nationality and rights. However, in most cases children who are not born British must make an application to be granted lawful status  (e.g. an application to the EUSS) as the immigration status of their parents is not automatically conferred on them. Until they make a successful application they will not have any lawful status to rely on. In the case of young children, it will be the parent or carer who will be making the application on the child’s behalf.  

Which children are born British? 

Child born in the UK to “settled” parents are automatically British under the 1981 British Nationality Act (BNA). Settled is defined within the BNA and means the parent is ordinarily resident in the UK (i.e. are not temporarily resident) and there is no time limit on their permission to remain in the UK. This covers a parent who at the time of the child’s birth is: 

• British or Irish (including dual British / EU nationals)
• Is not British but has the right of abode in the UK 
• Holds EUSS settled status 
• Holds non-EUSS Indefinite leave to enter or remain 
• Has pre-settled status and permanent residence under the Withdrawal Agreement 
• Held permanent residence under the EEA Regulations if the child was born by 30 June 2021 (and in some cases after this date, if the parent applied to the EUSS in-time and the application had not been resolved at the point the child was born)

Can children become British automatically after their birth? 

Yes, in very limited situations. An amendment to the BNA allows children born in the UK on or after 1 July 2021 to become British in two situations (assuming that they are not already British by other means): 

1. Where their parent submitted an application to the EUSS by 30 June 2021, but it had not been resolved at the point the child is born and the outcome is that the parent is granted settled status. 

• Where a parent makes a late application to the EUSS (i.e. after 30 June 2021) but it had not been resolved at the point the child is born and the outcome is that the parent is granted settled status plus they would have been entitled to settled status on 30 June 2021 had an in-time application to the EUSS been made. 

Children who meet either of the above two situations become British on the “relevant date”, which is defined in the BNA as the date the parent is granted settled status. Not that children covered by point 2 will have a more complicated British passport application than those in point 1, as they will need to prove their parent was eligible for settled status on 30 June 2021 had they applied to the EUSS by this date. 

Can children become British automatically after their birth? 

Yes, children can apply to “register” as British in several situations (e.g. if after their date of birth and before they are 18 years old if one of their parents becomes settled, if the Home Office exercises discretion based on the child’s circumstances). In some cases children can apply to “register” as British after they have turned 18 years old, or they can apply to “naturalise” as British once they turn 18 (subject to meeting the relevant conditions). 

The child only becomes British once the Home Office approves the registration or naturalisation application and therefore, children who can apply to become British now or in the future, still need to obtain EUSS status (or another type of immigration status) to ensure they hold lawful residence in the UK until they become British. If they subsequently successfully apply to become British, then their citizenship will replace the EUSS / immigration status as their lawful permission to live in the UK (they will now have the right of abode). 

Once a child has been approved as British by the Home Office, they will be issued with a registration or naturalisation certificate that can be used to apply for a British passport. 

Do British children need a passport / how do they apply? 

It is not a requirement for a British citizen to hold a British passport. However, it can be challenging to prove British nationality without one, particularly for those who are automatically British citizens who will not have a Home Office issued registration or naturalisation certificate. The introduction of Electronic Travel Authorisation / Universal Permission to Travel means it can be difficult for a British citizen to travel outside the UK and return unless they hold a British passport (even if they hold another national passport). Therefore, it is strongly recommended that parents apply for a British passport for their children. Children who held EUSS status before becoming British can use their non-British passport (or national ID cards if their other nationality is EU) for travel as long as it is linked to their UKVI account. 

British passport applications and made to the Passport Office and involves completing an application form (online or paper) and submitting supporting documents. What supporting documents are required will depend on the basis of the claim for British citizenship. For example, children who claim to be automatically born British citizens based on their parent being settled at the date of their birth in the UK, will need to provide proof of how their parent is free from immigration time restrictions (e.g. the EUSS UAN number for their parent’s settled status grant). Children who have registered as British with the Home Office, will need to submit proof of their registration with the passport application. First passport applications for children require a countersignatory to confirm the identity of the applicant. The countersignatory must fulfil the relevant criteria, including being a professional person. 

Which children need to apply to the EU settlement scheme? 

Children who are not British, Irish or exempted from immigration control (e.g. the children of diplomats) need to apply for an immigration status to lawfully live in the UK. For the children of an EU parent(s) with EUSS status, the most likely application is for pre-settled or settled status under the EUSS. Children born before 1 January 2021 can be sponsored by grandparents if the grandparent holds EUSS status in their own right (i.e. the grandparent is not a sponsored family member). 

There are a number of different situations that can apply to children who need to apply to the EUSS with different deadlines depending on the situation:  

• Children living in the UK by 31 December 2020: in most cases they should have applied to the EUSS by 30 June 2021. If they have not applied yet they need to make a late application showing reasonable grounds for missing the deadline. The Home Office EUSS Caseworker guidance confirms in most cases children who have missed the deadline – including adults who were children when the deadline passed – will have reasonable grounds meaning the late application should be accepted and considered. 

• Children born in the UK from 1 April 2021: have 3 months to submit an application to the EUSS from their date of birth. If the child has a passport or national ID card they can make the EUSS application online. If it is not possible to obtain a passport or EU national ID card for the child to apply within 3 months, the parent or guardian should contact the Home Office Resolution Centre to obtain a paper application form to submit without an identity document. If an application is not made within 3 months the child will be considered a late applicant and must show reasonable grounds for missing the deadline (see the Home Office EUSS Caseworker guidance).

• Children born outside the UK who have not entered the UK since 1 January 2021: have no deadline to apply to the EUSS if they are outside the UK and have not entered the UK since their birth. Depending on the child’s nationality, they can either apply for pre-settled or settled status directly (generally this is limited to EU / EEA / Swiss children), or they can apply for EUSS Family Permit (all other nationalities) which allows them to travel to the UK and submit an EUSS application for pre-settled or settled status once they arrive (the application should be made within 3 months of arriving in the UK). The Home Office expects the child to wait to be granted EUSS status or an EUSS Family Permit before they travel to the UK. The introduction of Electronic Travel Authorisation / Universal Permission to Travel means it will become extremely difficult for a child to travel to the UK until they are granted EUSS status or an EUSS Family Permit. 

• Children born outside the UK who have entered the UK since 1 January 2021: have 3 months to submit an application to the EUSS from the date they first entered the UK since 1 January 2021. It does not matter whether the application is made in the UK or outside (noting that generally only EU / EEA / Swiss children can apply to the EUSS outside the UK). If an application is not made within 3 months from when they first entered the UK since 1 January 2021, the child will be considered a late applicant and must show reasonable grounds for missing the deadline (see the Home Office EUSS Caseworker guidance). Were a late application to be rejected the child can apply for EUSS Family Permit from outside the UK as there is no deadline to apply for this even if the child has entered the UK in the past. 

If you need to make a late application for your child see the section How do I apply late to the EU settlement scheme? for more information about how to explain your reason for applying late.

Children who are granted EUSS status can still apply to become British citizens in the future if they meet the conditions to register or naturalise. If they become British their citizenship will replace the EUSS status as their lawful permission to live in the UK (they will now have the right of abode).

What do children need to apply to the EU settlement scheme? 

The EUSS application process for children is the same as adults which you can read about in the section How do I apply for settled status or pre-settled status?. It is more straightforward to apply with a passport or EU national ID card however, as noted above if the child is born in the UK they should apply to the EUSS within 3 months of their date of birth. If it is not possible to obtain a passport or EU national ID card for the child to apply within 3 months, the parent or guardian should contact the Home Office Resolution Centre to obtain a paper application form to submit without an identity document

In most (but not all) cases children will be applying as a sponsored family member. Sponsored family members must prove to the Home Office that they have an eligible family relationship. This means in the case of children providing evidence of the family relationship in the form of a birth certificate. It is also necessary for family members to provide evidence that their EU sponsor has been granted pre-settled or settled status or is exempt from needing to hold status under the EUSS (e.g. Irish citizens resident in the UK by 31 December 2020).

If a child is an EU citizen and applying in their own right (i.e. not based on sponsorship from a parent) they will need to show they were resident in the UK by 31 December 2020 and have maintained continuous residence. Children generally will have less residence evidence than an adult which the Home Office should taken into account. However, it will be important to carefully consider what evidence of the child’s UK residence can be submitted to support the application. 

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This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.