FactCheck: How true is the Claim of an X User that there is no Citizenship by birth in the UK ?

By Ajibola Osungbohun

Claim:  There is no Citizenship by birth in the UK.

Verdict: Partially True.

Full Text: 

An X user @Wizarab10 on the  21st January 2025 posted a comment claiming that there is “No citizenship by birth in UK. No Citizenship by Birth in USA.  

This statement was made about the executive orders signed by the President Of the United States of America (USA)  Donald Trump during the inaugural parade inside Capital One Arena,  Washington, DC, on January 20, 2025. 

President Donald Trump signed an order directing United States of America government agencies to stop issuing citizenship documentation for babies born in the United States to parents without legal status. 

The order titled “Protecting the Meaning and Value of American Citizenship” was signed just hours after Trump took office.

The order instructs federal agencies to deny U.S. citizenship to children born in the U.S. if their mothers are in the country illegally or on temporary visas. The father is neither a U.S. citizen nor a lawful permanent resident, which is to take effect from  February 19, the order will deny U.S. citizenship, including passports, to children born on U.S. soil unless at least one parent is a U.S. citizen or green card holder.

In light of increased global migration and the growing prevalence of misinformation on social media as a reaction from other X user under the comment section of @Wizarab10, particularly among Nigerians seeking to “japa” (emigrate), it is essential to fact-check this claim regarding citizenship by birth in the UK which has garnered 466 comments, 3.7k retweet, 28k likes and 1.8 views.

Verification: 

Investigation carried out by FactCheckAfrica researcher revealed that under the British Nationality Act 1981, a child born in the UK is automatically a British citizen if, at the time of their birth, at least one parent:

• Is a British citizen, or
• Has settled status (e.g., indefinite leave to remain or its equivalent).

If neither parent meets these conditions, the child is not automatically a citizen but may:

• Be eligible to register as a British citizen later, such as after living in the UK for the first 10 years of their life without significant absences.

Finding from Gov.uk on each Act of Parliement 

British Citizenship for Those Born in the UK Between 1 January 1983 and 1 October 2000

The rules surrounding British citizenship for individuals born in the UK during the period from 1 January 1983 to 1 October 2000 are determined by the nationality and circumstances of their parents. British citizenship is not automatically granted to all individuals born in the UK but depends on specific conditions related to the parentage and legal status of the parents.

To begin with, a person born in the UK during this period is automatically a British citizen if at least one parent was a British or Irish citizen at the time of their birth. For fathers to qualify under these rules, they must have been married to the child’s mother at the time of birth. Similarly, if at least one parent was a citizen of an EU or EEA country during this period and was living in the UK with free movement rights, the child is automatically considered a British citizen. It is important to note that the countries included in the EU or EEA during this time varied, with membership evolving over the years. For instance, while countries like Belgium, Denmark, France, and Germany were part of the EU in 1983, others like Austria and Sweden joined the EEA in 1994, and Liechtenstein became a member in 1995.

For children whose parents were not British, Irish, EU, or EEA citizens, citizenship depended on their parents’ immigration status. The child would automatically be a British citizen if at least one parent held indefinite leave to remain (ILR), the right of abode, or the right of re-admission to the UK at the time of the child’s birth. As with the previous categories, if the father was the parent meeting these conditions, he must have been married to the mother when the child was born.

Another path to citizenship during this period is adoption. A child adopted in a UK court by a British citizen automatically gains British citizenship, regardless of their biological parentage or the circumstances of their birth.

British Citizenship for Those Born in the UK Between 2 October 2000 and 29 April 2006

The determination of British citizenship for individuals born in the UK between 2 October 2000 and 29 April 2006 depends on the nationality and legal status of their parents at the time of birth. 

For individuals with British or Irish parentage, citizenship is automatically granted if at least one parent was a British citizen or an Irish citizen residing in the UK at the time of the child’s birth. However, if the eligible parent was the father, he must have been married to the mother at the time of the child’s birth to confer citizenship.

In cases of EU or EEA parentage, most children born during this period do not automatically qualify as British citizens. Exceptions exist if one parent was a citizen of an EU or EEA country, was living in the UK, and held indefinite leave to remain (ILR), the right of abode, or the right of re-admission. Additionally, if the parent or a family member was an EU or EEA citizen who lived and worked in the UK but died or retired before the child was born, the child is automatically considered a British citizen.

For children born to non-British and non-EU/EEA parents, automatic citizenship is granted if at least one parent was living in the UK and held ILR, the right of abode, or the right of re-admission at the time of the child’s birth. Similar to other cases, if the eligible parent was the father, he must have been married to the mother at the time of birth to pass on citizenship.

Lastly, adoption by a British citizen guarantees citizenship for children adopted in a UK court by a British parent.

Conclusion:

The claim that there is “no citizenship by birth in the UK” is partially true. While the UK does not follow the principle of jus soli (automatic citizenship by birth), it provides for citizenship by birth under specific conditions. The laws governing citizenship by birth in the UK are more restrictive than in some other countries, but they do not amount to an outright denial.