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British Citizenship for stateless child
This route is for those children born in the UK and have remained stateless to apply for British citizenship by registration. ‘Stateless person’ means someone who is not considered as a national by any state under the operation of its law.
British Citizenship for stateless child requirements
In order to be eligible to register as a British Citizen, the stateless child must satisfy the following requirements.
- Born in the UK
- Have always been & remain stateless
- Under the age of 22 on the date of the application
- Have lived in the UK for the five years prior to the making of the application
The Schedule 2 of the British Nationality Act 1981 provides the statutory confirmation that a person who is stateless can be registered as a British Citizen if they meet the above conditions. In addition to this, in the case of MK (India) Statelessness EWHC [2017] 1365 (Admin), the high court has reaffirmed this position. The court also confirmed that the fact that a child can apply for ‘Indian citizenship’ is irrelevant. The applicant is expected to provide evidence that they are not national of any other country in order to ensure statutory evidence requirements are met.
How can we assist?
Our Immigration lawyers at City Legal have immense experience in assisting clients on British Citizenship registration as a stateless person. Our Immigration team carefully assess each of our client’s circumstances to ensure that the eligibility requirements are met and provide expert advice on collating necessary supporting documents. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions
The decision may apply to any child who qualifies under schedule 2 of the BNA 1981, immaterial of their nationality provided they are in the similar position.
The parents of a child granted British citizenship may be able to apply for leave on Article 8 Human Rights ground. Parents may also have derivative rights under Zambrano principle and are encouraged to obtain professional legal advice.
Parents are expected to provide this information to confirm a child’s statutory rights. In the absence of any evidence, parents should provide evidence that they have attempted to obtain the information. This may include a copy of request made to the embassy by email or post, appointment confirmation at high commission, copy of response from authorities etc.
British nationality applications are decided by the Home Office normally within six months. Applicants will need to attend a Citizenship Ceremony to receive the Naturalisation certificate and then apply for a British passport.
Application needs to be certified by two referees, each of them has known the applicant for at least 3 years, has no criminal convictions within the last 10 years and is not related to the applicant or to each other. In a child’s case, one must be a person who has engaged with the child in a professional capacity, such as a doctor, teacher, health visitor, social worker or minister of religion and the other person must be either over 25 years old or a professional and hold a British Passport.