Applying for British Citizenship for a stateless child can be a daunting task. British Citizenship may be granted to a UK-born stateless person; the person can apply to register as a British Citizen if they meet all requirements. The UK Home Office will only accept citizenship applications on the grounds of fulfilling the relevant requirements and eligibility criteria. One wrong step and your application can be denied or refused. Navigating the citizenship application process without professional support can be a difficult process. At A Y & J Solicitors, our immigration lawyers have a wealth of experience in advising and helping stateless people, including stateless children born in the UK.
Stateless people are not protected by any country, with no healthcare benefits or support from foreign embassies and are not permitted to travel between countries. At A Y & J Solicitors, we have helped thousands of applicants to obtain British Citizenship. We can advise you on the appropriate paperwork, prepare a strategy, and represent you before the tribunals or court. Our immigration experts work tirelessly and diligently to ensure every case we manage achieves the best results possible. We offer an excellent service to every client and have a transparent fee structure with no hidden charges or extra costs.
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"Jane Onyekachi
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British Citizenship may be granted to UK-Born Stateless person, the person can apply to register as a British Citizen if they meet all requirement. At A Y & J Solicitors, our immigration lawyers have a wealth of experience in advising and helping stateless people, including stateless children born in the UK.
Being stateless is a precarious position to be in. Stateless people are not protected by any country. They are entitled to no healthcare or benefits, no foreign embassy will provide them with protection in times of strife, and they cannot travel between countries as they have no passport. Stateless people are incredibly vulnerable and can be doomed to a life of poverty, ill-health and long-term immigration detention.
The recent High Court decision of MK (India) Statelessness EWHC [2017] 1365 (Admin) ruled that a six-year-old Indian girl who was born in the UK was stateless and therefore entitled to British Citizenship. This case has opened the door for potentially thousands of children in the same position to be registered as a British Citizen. Our team can help assisting parents and children who may be entitled to British Citizenship due to their statelessness, providing them with an opportunity for a safe, prosperous future in the UK.
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The international legal definition of a stateless person is “a person who is not considered as a national by any State under the operation of its law”.
Statelessness is recognised under international law and noted for the devastating effects it has on a person’s life. Without a country, people find themselves bounced from place to place, with no government willing to take responsibility. Without the right to remain in a particular nation, healthcare, education, housing, and the protection of the law are all near impossibilities.
Today, at least 10 million people around the world are denied a nationality.
According to the United Nations Refugee Agency, the following are the main causes of statelessness:
The two main international conventions governing statelessness are:
The UK is a signatory to both these conventions.
In relation to stateless children, the United Nations Convention on the Rights of the Child (of which the UK is also a signatory) states:
“1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless”.
Our immigration lawyers are known for best client service and have an in-depth understanding of Britain’s obligations under these international conventions. We are committed to help so people who are rendered stateless, especially children, are provided British nationality if they meet the eligibility requirements.
The British Nationality Act 1981 governs nationality in the UK. Under Schedule 2 of the Act, a person who is stateless can be registered as a British Citizen if they:
Our lawyers will analyse your circumstances and provide honest legal advice on your eligibility requirements.
In the case of MK (India), the child’s parents were overstayers in the UK when MK was born in Britain. His parents tried to register him as a British citizen, but the Home Office refused the application.
In a Judicial Review challenge to the Home Office’s decision, 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 was irrelevant.
Our multi-lingual team of expert lawyers can assist parents and children who believe they are entitled to British citizenship following the decision in MK (India). It is advisable that you make the application for British Citizenship as quickly as possible under this route if you are eligible.
No, the decision may apply to any child who qualifies under Schedule 2.
Yes, as the parents of a child who is granted British citizenship may be able to apply for leave to remain on Article 8 grounds. Alternatively, they may have derivative rights to remain in the UK under the Zambrano principle. It is advisable that you talk to lawyers to establish the immigration rights of your entire family.
