A baby born in the UK to a student visa holder automatically becomes a British citizen under the right of soil. This means the child is entitled to all the rights and privileges of a UK citizen, regardless of their parents' citizenship status.
Here's a breakdown of the key points:
Automatic Citizenship:
- Right of Soil: The UK follows the principle of jus soli, meaning anyone born within the UK's territory is automatically a citizen. This applies even if the parents are not citizens themselves.
- No Conditions: There are no conditions or requirements for the parents' visa status or length of stay in the UK for the child to obtain citizenship.
- Exceptions: There are a few exceptions to this rule, such as children born to diplomats or enemy combatants. However, these exceptions are rare and unlikely to apply to most student visa holders.
Impact on the Child:
- UK Passport: The child will be eligible for a UK passport and can travel freely within the UK and the European Union.
- Access to Services: They will have access to the same public services as any other British citizen, including education, healthcare, and social benefits.
- Future Immigration: The child's British citizenship can also make it easier for them to obtain visas for other countries or even apply for citizenship in those countries in the future.
Impact on the Parents:
- No Automatic Rights: The child's citizenship does not automatically grant any immigration rights to the parents. They will still need to maintain their student visa status or apply for other visa categories if they wish to stay in the UK.
- Possible Future Options: Depending on their circumstances, the parents might be able to apply for a visa based on their child's British citizenship. However, this is not guaranteed and will depend on specific immigration rules and regulations.
It's essential to remember that immigration laws are complex and can change. It is always advisable to seek professional legal advice from an immigration lawyer to ensure you understand your rights and obligations.
