Statelees Child

 British Citizenship for Stateless Child

On December 15, 2022 | In British Citizenship | By A Y & J Solicitors

New Rules for a Stateless Child Born in the UK

A child born in the United Kingdom on or after 1 January 1983 to non-British parents (who are not settled in the UK) may be eligible for registration as a British citizen under the British Nationality Act 1981 (as amended) as a Stateless Person. New rules confirm that a Stateless child must prove that they cannot acquire the nationality of at least one of their parents to qualify. The typical documents required would be :

  • Proof of identity
  • Proof of UK immigration status (if applicable)
  • Birth certificate of the child
  • Parent’s marriage certificate
  • A proof of Statelessness
  • Proof of residence in the UK

Can any Stateless Person Apply to stay in the UK?

A Stateless person can apply to stay in the UK if they meet the requirements to make an application for leave to remain. Having made a successful application for leave to remain as a Stateless person, they will be granted a 5 year visa, after which they can apply for an extension or, potentially, indefinite leave to remain. After they acquire settlement, they may qualify for Citizenship if they meet the requirements for Naturalisation.

Is My Child Eligible for British Citizenship?

Usually, a child born in the United Kingdom to non-British parent(s) who are settled in the UK would be British by birth. A child born in the UK whose parent(s) apply for settlement while they are still under 18 would normally be entitled to Register as a British Citizen.

Here are some of the specific factors that may affect your child’s eligibility for British citizenship:

  • The immigration status of parents at the time of the child’s birth
  • The period of time parents have been living in the UK
  • If the child is living in the UK or abroad

To confirm your child’s eligibility for British citizenship, it is recommended to contact an immigration solicitor. 

Can a Child be Born Stateless in the UK?

A child can be born Stateless in the UK, if they do not have a claim to any other nationality. A child born in such circumstances would be considered Stateless. There are ways for such a child to apply for Citizenship in the UK, one of which might be under the rules for Stateless children born in the UK. Another might be through the provision of the British Nationality Act 1981, which allows someone (born in the UK) who has lived in the UK for at least the first ten years of their life to apply for registration as a British citizen. It is imperative to keep in mind that the laws regarding Stateless children and citizenship can be complex and change over time. 

How do I Apply for Registration for My Child?

To apply for Registration for your child in the United Kingdom, you will normally be required to complete the form MN1 and submit this online to UKVI along with the mandatory documents and fees. The required documents will vary depending on your child’s exact circumstances. While applying for the Registration of your child, you will normally be required to submit the following documents:

  • Birth certificate of your child
  • Evidence of your child’s UK immigration status (if applicable)
  • Evidence of your child’s current residence in the United Kingdom
  • Current passport (or travel document) for your child (if applicable)
  • Referee declarations
  • Evidence of (parent’s) immigration status
  • Evidence of (parent’s) consent to the application

Registration applications can take 3-6 months to be processed. It is highly recommended to seek legal advice before starting the application process, to ensure that all the documents are in order before submitting the application. An immigration solicitor can help you with this process and help guarantee a positive outcome. 

How Much is the British Citizenship Fee for Children?

If you are going to apply for UK citizenship for your child, it will cost you £1,012 (6 April 2022). However, if your child is under 18 and you cannot afford to pay the fee, you can apply for a fee waiver. If your child turns 18 after submitting the application, you will have to pay an additional £80 for the citizenship ceremony for your child

How Long Does it Take to Get British Citizenship After Applying?

Typically, the processing time for a British citizenship can be up to 6 months from the day you submit your application online. However, if UKVI needs more information on your application, this period may get extended. Submitting all the correct mandatory documents and information in support of your application is extremely important to achieve the swiftest possible result.

A Y & J Solicitors

A Y & J Solicitors is a multi-award winning, 14+ years experienced, recommended by Legal 500, boutique UK immigration law firm based in Central London. Having assisted 5000+ clients, we are well equipped to help you with our ‘In It To Win It’ approach. For your assurance and confidence, we are pleased to share our trust rating of 4.9/5 based on 1000+ reviews on Trustpilot & Google.

Floating CTA