Question: Mike and Susan are South African citizens and will shortly be applying for UK settlement status; i.e. Indefinite Leave to Remain. Their son, Pete, is 3 year old and was born here in England. Can they apply for Pete to get a British passport? Is Pete not automatically a British citizen?
Answer: The British Nationality Act 1981 came in force on 1 January 1983 creating a nationality of British citizenship. Because Pete was born after 1982 he would be entitled to apply under the BNA to be registered as a British citizen while he is a minor (under 18) when Mike or Susan becomes a British citizen or becomes settled in the United Kingdom. A passport is merely proof of citizenship. So, Pete will be able to apply for a passport after being registered as a British citizen.
Note that if Pete waits until he is 10 years or older, he will also have to satisfy the Secretary of State that he is of good character. So, please make sure that Pete behaves well or get him registered before his 10th birthday!
Daniel Dippenaar, 24 January 2019