Amendment to British Nationality Act regarding Appendix EU

Policy effect

Children born in the UK on or after July 1, 2021, to parents who subsequently acquire Indefinite Leave to Remain (ILR) under Appendix EU (following an application made before that date) automatically acquire British citizenship.

Conditions and exceptions

Validated condition or limit: Children born in the UK on or after July 1, 2021, to parents who subsequently acquire Indefinite Leave to Remain (ILR) under Appendix EU (following an application made before that date) automatically acquire British citizenship.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… territories. Amendment of the British Nationality Act 1981 2.—(1) The British Nationality Act 1981(2) is amended as follows. (2) In section 1 (acquisition by birth or adoption), in subsections (3), (3A) and (4), after “(1), (1A) or (2)” insert “or section 10A”. (3) After section 10 (registration following renunciation of citizenship of UK and Colonies) insert— Acquisition in connection with immigration rules Appendix EU 10A.—(1) This section applies to a person born in the United Kingdom(3) on or after 1st July 2021 who is not a British citizen on the relevant date by virtue of any other provision of this Act. (2) A person to whom this section applies (“C”) is a British citizen as from the relevant date if conditions 1 to 3 are satisfied in the case of either C’s father or mother (“P”). (3) Condition 1 is that, on or after 1st July 2021, P is granted— (a)UK related indefinite leave under paragraph EU2 of Appendix EU to the UK immigration rules(4); (b)Isle of Man related indefinite leave under paragraph EU2 of Appendix EU to the Isle of Man immigration rules(5), and the date of grant of such leave is referred to in this section as “the relevant date”. (4) Condition 2 is that— (a)P … is granted the leave described in subsection (3)(a) or (b) pursuant to an application made before 1st July 2021, or (b)immediately before 1st July 2021, P would have met the eligibility requirements for— (i)UK related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the UK immigration rules, or (ii)Isle of Man related indefinite leave within paragraph EU11 or EU12 of Appendix EU to the Isle of Man immigration rules, if an application had been made at that time. (5) Condition 3 is that P is ordinarily resident in the United Kingdom on the relevant date. (6) In determining whether … modifications to the Isle of Man. Regulation 2 of these Regulations amends the British Nationality Act 1981 (c. 61) to provide that children born on or after 1st July 2021 to a parent who subsequently acquires indefinite leave to enter or remain in the United Kingdom or the Isle of Man under Appendix EU to the UK or Isle of Man immigration rules automatically acquire British citizenship from the date of grant of such leave if the parent meets certain other conditions. An impact assessment has not been produced for this instrument because no impact, or no significant impact, on the private, voluntary …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2021

• 2021-01-31Launch of the Hong Kong British National (Overseas) (BN(O)) Visa Route
• 2021-02-22Increase in Asylum Support Weekly Cash Allowance
• 2021-03-04Student to Graduate Route COVID-19 UK Entry Concession Extension
• 2021-04-06Hong Kong BNO Fee Waiver and Administrative Fee Restructuring
• 2021-04-06Statement of Changes in Immigration Rules (HC 1248)
• 2021-05-21Mandatory Expansion of Academic Technology Approval Scheme (ATAS) to Skilled Worker Route
• 2021-05-25Revised Guidance on Adults at Risk in Immigration Detention
• 2021-06-10EU Settlement Scheme: Revised COVID-19 Continuous Residence Guidance & Concessions
• 2021-06-16Common Travel Area Enforcement Update
• 2021-07-01Mandatory Digital Right to Work Checks Framework for EEA/Swiss Nationals
• 2021-07-01Mandatory Right to Rent Verification Framework for EEA/Swiss Nationals
• 2021-07-01Setting of Graduate Route Application Fees and Fee Caps
• 2021-08-31Commencement of Mandatory Electronic Monitoring Conditions for Foreign National Offenders on Bail
• 2021-10-01Phasing Out Acceptance of EU/EEA National ID Cards at the Border
• 2021-10-11Replacement of T2 Sportsperson route with new sponsorship frameworks
• 2021-10-11Temporary Seasonal Worker expansion to poultry and food-goods haulage
• 2021-11-01Improved Access to Legal Advice in Detention
• 2021-12-23Swiss Professional Qualification Equivalence Recognition under Temporary Work Guidance