Can Stateless Child Apply for a British Citizenship?

Important facts:

Someone who is not considered as a national of any state under respective law is treated as Stateless person. A stateless person does not have legal residence and the legal right to return to their country. The stateless person has no access to consular protection from anywhere. Under Schedule 2 of the British Nationality Act 1981, a person who is stateless can be registered as British Citizen if:

• He/She was born in the UK
• Is and always been stateless
• Was under the age of 22 on the date of application
• Has lived in the UK for 5 years prior to the making of the application

 

Your child may be eligible for British citizenship if the:

• Child was born in the UK.
• Child’s parents are Indian Nationals.
• Child has not registered with the Indian High Commission under Indian Citizenship act 1955.
• Child has never travelled abroad.
• Child should not be entitled to any other nationality.
• Child hasn’t applied for permission to register as Indian National from Central Govt. India.
• Child was born on or after 3rd December 2004 in the UK.

MK (a child by her litigation friend CAE) v SSHD [2017] EWHC 1365 [Admin] case is widely used in British Citizenship application as a stateless child.

 

The Case of MK (India) Statelessness EWHC [2017] 1365 (Admin) and Statelessness

The Administrative Court recently made an important ruling on stateless children in the UK. The case of MK (India) Statelessness (also known as R (on the application of MK (a child by her litigation friend CAE)) v Secretary of State for the Home Department) involved a child born in the UK in 2010 to Indian nationals who were over stayers. She had lived in the UK for a period of more than five years and applied to register as a British citizen under the British Nationality Act 1981, Schedule 2, para 3 which states:

(1) A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely—

(a) that he is and always has been stateless; and

(b) that on the date of the application he was under the age of twenty-two; and

(c) that he was in the United Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450.

(2) A person entitled to registration under this paragraph—

(a) shall be registered under it as a British citizen if, in the period of five years mentioned in subparagraph (1), the number of days wholly or partly spent by him in the United Kingdom exceeds the number of days wholly or partly spent by him in the British Overseas Territories;

(b) in any other case, shall be registered under it as a British Overseas Territories citizen.

In a Judicial Review challenge to the Secretary of State’s decision to deny the child British Citizenship, the court examined Indian law surrounding nationality and declared the child stateless and therefore, Schedule 2 of the British Nationality Act 1981 applied. The judge also held the fact the child could apply for Indian citizenship did not make any difference.

The law is complex; therefore, it is vital to instruct an experienced immigration consultant to advise and represent you.

 

Contact our expert advisors to discuss application options and requirements on 020 3713 7052, 07947217405 email: info@westendconsultants.co.uk

Options available for Parents of British child (Stateless):

If you are parents of British child (Stateless) we can make same day or postal application. The same day application can be made even if you are over stayer, are in breach of visa conditions and your passport has expired or it is with the Home Office.

Contact our expert advisor for further details/process on 020 3713 7052, 07939125061 email: infor@westendconsultants.co.uk