British Passport Applications for Children of Swiss and Other European Nationals

Introduction to British Passport Applications for Children of Swiss and Other European Nationals

For Swiss and other European nationals with children born in the UK, applying for a British passport can be a complex process influenced by historical and legal factors. The UK’s nationality laws, particularly their interaction with European free movement rights, determine whether a child born in the UK to a Swiss or other European parent automatically acquires British citizenship. Understanding whether the parent was considered "settled" in the UK at the time of the child’s birth is crucial in navigating these applications. This article provides an overview of the legal framework, key considerations, and recent developments that impact Swiss families applying for British passports for their children.

British Citizenship at Birth: The Role of Treaty Rights and Parental Settlement Status

Under the British Nationality Act 1981, a child born in the UK automatically acquires British citizenship at birth if at least one parent is a British citizen or is ‘settled’ in the UK. ‘Settled’ status means living in the UK without any immigration restrictions.

Since Switzerland has not been a member of the EU, but has had bilateral agreements with the UK covering free movement, Swiss nationals were historically able to reside in the UK under similar provisions to EU nationals. These rules have changed over time, particularly following Brexit, impacting whether a Swiss parent was considered ‘settled’ at the time of their child’s birth.

This article explores the different rules that have applied over the years, including the effect of Brexit and the introduction of the EU Settlement Scheme (EUSS), to help Swiss and other European nationals understand whether their children may be eligible for a British passport.

When Is a Swiss or Other European National ‘Settled’ in the UK?

Determining whether a Swiss or other European national was ‘settled’ in the UK at the time of their child’s birth depends on when the birth took place:

• Before 1 January 1983: British citizenship was automatically granted to children born in the UK.

• Between 1 January 1983 and 1 October 2000: The UK Home Office considered Swiss and other European nationals exercising free movement rights to be ‘settled’ in the UK, meaning their children were automatically British at birth.

• From 2 October 2000 to 29 April 2006: The Home Office changed its position and required Swiss and other European nationals to obtain Indefinite Leave to Remain (ILR) to be considered ‘settled.’

• From 30 April 2006 to 31 December 2020: A European national, including a Swiss citizen, had to acquire the right of permanent residence (usually after five years of residence under free movement rules) to be considered ‘settled.’

• After Brexit (1 January 2021 onwards): The introduction of the EU Settlement Scheme (EUSS) meant that only those granted settled status (ILR) under the scheme were considered ‘settled’ for British nationality purposes.

  
  

Swiss citizens who were long-term UK residents and had exercised Treaty rights may still be eligible for British citizenship for their children, depending on their immigration status at the time of birth.

Passport Applications Based on Treaty Rights

Passport applications based on a Swiss or other European national’s Treaty rights require careful documentation. Factors that can influence eligibility include:

• The type of free movement rights exercised (e.g., worker, self-employed, student).

• Whether the parent had acquired permanent residence before the child’s birth.

• Whether the child’s parent was a direct or extended family member of another European national who exercised Treaty rights.

Additionally, the date of Switzerland’s agreements with the UK and the specific rules applicable to Swiss nationals must be considered, as they sometimes differed from EU regulations.

The EU Settlement Scheme and Its Impact on British Citizenship

With Brexit, the UK introduced the EU Settlement Scheme (EUSS) to allow Swiss and other European nationals to secure their immigration status. Children born in the UK between 28 August 2018 and 30 June 2021 will be British citizens at birth if their parent either:

• Was granted Indefinite Leave to Remain (ILR) under the EUSS before the child’s birth, or

• Had acquired permanent residence through five years of exercising Treaty rights before the child’s birth.

Post-1 July 2021, only those who held settled status under the EUSS are automatically considered ‘settled’ for British nationality purposes. However, a 2022 court ruling clarified that individuals holding pre-settled status might also qualify under certain conditions.

Conclusion: What This Means for Swiss Citizens

For Swiss nationals with children born in the UK, British passport applications require a detailed examination of parental settlement status at the time of birth. The legal landscape has shifted significantly over the years, especially post-Brexit, and understanding these rules is essential.

If you are a Swiss national seeking to apply for a British passport for your child, professional legal guidance can help clarify your eligibility and ensure a smooth application process.

Contact Our UK Immigration Lawyers in Switzerland

For expert advice on British nationality matters, including passport applications for children of Swiss nationals, contact our team of British immigration law specialists today.

Frequently Asked Questions (FAQs)

Q: My child was born in the UK in 2005. Can they apply for a British passport?

A: This depends on whether you were considered ‘settled’ at the time of birth, which may require evidence of permanent residence or ILR.

Q: I have pre-settled status under the EUSS. Does my child qualify for British citizenship?

A: Not automatically. However, depending on your immigration history, you may still be able to establish eligibility.

Q: My child was born before Brexit. How do the rules apply?

A: The rules depend on whether you exercised free movement rights and had acquired permanent residence or ILR before their birth.

For more information, reach out to our team on +41 21 588 07 70 or complete our enquiry form for tailored legal support.