Who is a British citizen (automatic acquisition)?

Copyright © 2025 LexisNexis
Produced in partnership with Adrian Berry of Garden Court Chambers
Practice notes

Who is a British citizen (automatic acquisition)?

Copyright © 2025 LexisNexis

Produced in partnership with Adrian Berry of Garden Court Chambers

Practice notes
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Automatic acquisition

Automatic acquisition of British citizenship occurs when, on fulfilment of prescribed conditions, a person automatically acquires British citizenship by operation of law. It is different from acquisition by grant, where a person makes an application for British citizenship to the Secretary of State for the Home Department (SSHD) (or other specified person) and a decision is made to grant or refuse British citizenship.

Acquisition by birth in the UK or a qualifying territory to a British citizen parent or to a settled parent

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 a qualifying territory

Note that from 1 January 1983 to 20 May 2002, the territorial reference was to the UK and the Falkland Islands (see British Nationality (Falkland Islands) Act 1983) alone; from 21 May 2002 the territorial reference is to the UK and qualifying territories.

The

Adrian Berry
Adrian Berry

Barrister, Garden Court Chambers

Adrian's practice spans a range of inter-related areas of public law concerning human rights and social welfare. His core areas of practice are: British nationality, EU citizenship and free movement, economic and student migration, international protection and asylum, general immigration law, homelessness and migrant welfare, child support, and social security and social assistance.

Adrian has contributed to a number of publications including: Fransman's British Nationality Law (3rd edition 2011), the JCWI Handbook 2006, Jackson and Warr's Immigration Law and Practice (2008) Blackstone's Guide to the Borders, Citizenship and Immigration Act 2009 (OUP 2010). He advised JCWI on government nationality proposals, and contributed to responses to government consultation papers and advised peers in the House of Lords for ILPA.

Adrian provides training courses in British nationality law, EU law, immigration law, community care law, migrant welfare law, housing law, social security law and immigration law. He has provided accredited training for the Academy of European Law, Garden Court Chambers, ILPA, HLPA, JCWI, Legal Action, law centres, and local authorities.

Adrian is chair of the Immigration Law Practitioners' Association.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Acquisition definition
What does Acquisition mean?

A supply of goods, or a transaction treated as a supply of goods, which involves the removal of goods from one EU member state to another.

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