Q&As

Is a child born in the UK in 2016 to an EEA national parent, who had automatically acquired permanent residence by the time of birth, automatically British?

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Published on LexisPSL on 11/10/2021

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Is a child born in the UK in 2016 to an EEA national parent, who had automatically acquired permanent residence by the time of birth, automatically British?

Is a child born in the UK in 2016 to an EEA national parent, who had automatically acquired permanent residence by the time of birth, automatically British?

Section 1(1) of the British Nationality Act 1981 (BNA 1981) provides that a person born in the UK or in a qualifying territory is a British citizen if, at the time of their birth, their father or mother is:

  1. a British citizen, or

  2. settled in the UK or in the qualifying territory

A person is ‘settled’ in the UK where they are: (i) ordinarily resident in the UK, (ii) without being subject under the immigration laws to any restriction on the period for which they may remain.

In 2016, EU free movement law was still in force and directly effective in the UK, and was primarily implemented via the Immigration (European Economic Area) Regulations 2016, SI 2016/1052. These

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