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FAQ
I have status under the EU Settlement Scheme. I am pregnant and I am considering travelling to my family abroad for the birth of my baby. Are there any consequences to whether my child is born in the UK or not?
There are provisions in both the UK Immigration Rules and British Nationality law which depend on whether a child is born in the UK or not, which we summarise below.
Automatic British citizen
If your baby is born in the UK, there are more circumstances in which your child will be automatically British from birth - see our FAQ “I have (pre-)settled status, is my new baby British?”.
If your baby is born outside the UK, if neither parent is British, the child is not British. Even if one parent is British, it does not always follow that the child will be British as it depends on the type of British nationality the parent holds. See the UK Government website “Check if you're a British citizen - Born outside the UK or stateless”.
Wherever your baby is born, if they are not automatically a British citizen from birth, you will need to apply for immigration status for your child.
Eligibility for status under the EU Settlement Scheme
If your child is not automatically British from birth, you should check carefully whether they will be eligible for status under the EU Settlement Scheme. See our FAQs:
- I have (pre-)settled status under the EU Settlement Scheme. I’m not an EU citizen, can I apply for status for my new-born child?
- I have (pre-)settled status under the EU Settlement Scheme. I’m an EU citizen but I only came to the UK after the end of the transition period. Can I apply for status for my new-born child?
There are circumstances where a child is not born British, and is also not eligible for status under the EU Settlement Scheme - see our FAQ Are there scenarios where I cannot apply for EU settlement scheme status for my new-born child?
As this FAQ explains, if such a child is not born in the UK, then they cannot obtain immigration status in the UK until one of the parents obtains either settled status / indefinite leave to remain, or acquires British nationality.
If this applies to you, we strongly recommend you seek immigration advice, see https://the3million.org.uk/useful-links for some organisations that can give legal advice.
- I have (pre-)settled status under the EU Settlement Scheme. I’m not an EU citizen, can I apply for status for my new-born child?