UK-born child’s citizenship via parent’s ILR

Legal position:
Under UK nationality law, specifically the British Nationality Act 1981, a child born in the United Kingdom does not automatically become a British citizen at birth unless at least one parent was a British citizen or had settled status (such as indefinite leave to remain, or ILR) at the time of the birth. However, if neither parent was British or settled at the time of birth, the child may still be eligible to register as a British citizen later on, provided certain conditions are met.

If you (as a parent) acquire settled status or ILR after your child's birth, and the child is still under 18, you can apply to register them as a British citizen. This is an entitlement under section 1(3) of the Act, meaning it's not discretionary if the criteria are satisfied. Settled status under the EU Settlement Scheme also qualifies as "settled" for these purposes, as confirmed by Home Office guidance.

Key requirements include:
1. The child must have been born in the UK.
2. The child must not already be a British citizen.
3. You (or the other parent) must become a British citizen or settled in the UK while the child is still a minor (under 18).
4. An application must be made before the child turns 18.

Practical next steps:
First, confirm the child's current status and gather evidence, such as their birth certificate, your immigration documents showing when you obtained settled status or ILR, and proof of the child's residence in the UK if relevant.

You can apply using Form MN1 from the Home Office, available on the GOV.UK website. The application fee is currently £1,012 (as of the latest updates in 2023; check for any changes). Processing times are typically around 6 months, but this can vary.

If approved, the child becomes a British citizen by registration, which is effectively the same as citizenship by birth for most purposes.

Important considerations:
This depends on specific facts, such as the exact timing of your settlement, the child's age, and whether any other nationality rules apply (e.g., if the child has acquired another citizenship). If the child was born before 1 January 1983, different rules under the previous law might apply, so clarify the birth date if that's the case.

If you're unsure about any details or if there are complications (like dual nationality issues), reviewing the full Home Office guidance on registering a child under 18 as a British citizen would be a sensible starting point.