Registering a Stateless Child as a British Citizen
You can apply for registration as a British Citizen if you are a stateless child and have lived in the UK for at least 5 years continuously in the UK. Our expert team of nationality law solicitors at Deluxe Law Chambers can provide specialist immigration advice and legal representations on fixed fee basis for your stateless child to be registered as a British citizen.
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Free Immigration Advice For Registering Your Child as a British Citizen
Our specialist team of nationality law solicitors offers one-off free online immigration advice specifically for your child’s application for registration as a British Citizen.
- Ask a Question Online: Get free immigration advice from our expert team of immigration solicitors.
- Book an Appointment: For more detailed advice and a full consultation regarding your child’s application, schedule an appointment with one of our experienced immigration solicitors.
Take the first step towards securing your child’s British citizenship today!
Can Any Stateless Person Apply to Stay in the UK?
Yes, a stateless person can apply to stay in the UK if they meet the requirements for leave to remain as a stateless person. Once approved, they will be granted a 5-year visa, after which they may:
- Apply for an extension, or
- Apply for indefinite leave to remain (ILR).
Upon acquiring settlement, they may qualify for British citizenship through naturalisation, provided they meet the relevant requirements.
Is My Child Eligible for British Citizenship?
A child born in the UK to non-British parents may be eligible for British citizenship under certain circumstances:
- Born to settled parents: The child would be British by birth.
- Born to non-settled parents: If the parents later apply for settlement and the child is under 18, the child is usually entitled to register as a British citizen.
Key Factors Affecting Eligibility:
- The immigration status of the parents at the time of the child’s birth.
- The duration of residence of the parents in the UK.
- Whether the child is currently living in the UK or abroad.
To confirm eligibility, it’s advisable to consult with our immigration solicitor.
Can a Child Be Born Stateless in the UK?
Yes, a child can be born stateless in the UK if they have no claim to any other nationality. Such children are considered stateless and may qualify for British citizenship under:
- Rules for stateless children born in the UK.
- Provisions in the British Nationality Act 1981, allowing those born in the UK and residing here for at least 10 years to apply for registration as British citizens.
Given the complexity of laws regarding stateless children and citizenship, seeking legal advice is highly recommended.
How Do I Apply for Registration for My Child?
To apply for registration, you will generally need to:
- Complete and submit Form MN1 online via UKVI.
- Pay the necessary fees.
- Provide required documentation based on your child’s circumstances.
Common Required Documents:
- Child’s birth certificate.
- Evidence of the child’s UK immigration status (if applicable).
- Proof of the child’s residence in the UK.
- Child’s current passport or travel document (if applicable).
- Referee declarations.
- Evidence of the parent(s)’ immigration status.
- Evidence of the parent(s)’ consent to the application.
Processing Time: Applications usually take 3-6 months. It is crucial to ensure all documents are in order for the swiftest outcome. Legal guidance is advised.
Eligibility Requirements for Stateless Children to Apply for British Citizenship
Paragraph 3 of Schedule 2 of the British Nationality Act 1981 outlines the eligibility for stateless children born in the UK or a British overseas territory. It states:
“3(1)A person born in the United Kingdom or a [F7British 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 F8. . . was under the age of twenty-two; and
(c)that he was in the United Kingdom or a [F7British 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 [F9British overseas territories] in that period does not exceed 450.”
Requirements for Registration as a British Citizen:
A stateless child can apply for registration as a British Citizen if they meet the following criteria:
- Born in the UK: The child must have been born in the United Kingdom.
- Always Stateless: The child must be stateless since birth and remain so.
- Under 22 Years Old: The child must be under the age of 22 at the date of application.
- Residency Requirement: The child must have been present in the UK at the start of the 5-year period preceding the application date.
- Limited Absences: During the 5-year period, the child must not have been absent from the UK or British overseas territories for more than 450 days.
Here’s a well-structured and reader-friendly version of the content:
Eligibility Requirements for Stateless Children to Apply for British Citizenship
Paragraph 3 of Schedule 2 of the British Nationality Act 1981 outlines the eligibility for stateless children born in the UK or a British overseas territory. It states:
3(1) A person born in the United Kingdom or a [British overseas territory] after commencement shall be entitled, on an application for registration under this paragraph, to be so registered if the following requirements are satisfied:
(a) They are and have always been stateless;
(b) On the date of the application, they are under the age of 22;
(c) They were in the UK or a [British overseas territory] at the beginning of the 5-year period preceding the application date, and their total absences from the UK and [British overseas territories] during this period do not exceed 450 days (subject to paragraph 6).
Requirements for Registration as a British Citizen:
A stateless child can apply for registration as a British Citizen if they meet the following criteria:
- Born in the UK: The child must have been born in the United Kingdom.
- Always Stateless: The child must be stateless since birth and remain so.
- Under 22 Years Old: The child must be under the age of 22 at the date of application.
- Residency Requirement: The child must have been present in the UK at the start of the 5-year period preceding the application date.
- Limited Absences: During the 5-year period, the child must not have been absent from the UK or British overseas territories for more than 450 days.
High Court Judgment on Stateless Children
In the case of MK (A Child By Her Litigation Friend CAE), R (On the Application Of) v SSHD [2017] EWHC 1365 (Admin), the High Court considered the definition of “stateless.” The judgment clarified that:
- A person is considered stateless even if they could acquire a nationality through registration or a similar process, but only if they have not done so.
- The decision emphasizes that being stateless applies to those who do not automatically acquire a nationality under their national law.
Children Born to Indian Parents in the UK
Under Indian law, specifically the Citizenship (Amendment) Act 2003, a child born abroad to Indian parents on or after 3 December 2004 is not automatically an Indian citizen unless their birth is registered at an Indian consulate within the prescribed manner and timeline.
- A child born in the UK to Indian parents who has not been registered with Indian authorities for at least 12 months may be considered stateless.
- To confirm the child’s stateless status, a letter from the Indian High Commission will be required. This letter should confirm that the child’s birth was not registered and that the child is not an Indian national under Indian nationality laws.
Our Fixed Fees For Registration Of Children As British Citizens
Unless your application is very complicated, our fees for an application for registration of a child as a British Citizen are as given in the fee table below:
Our Service | Our Fixed Fees Range |
Application for registration of a child as a British Citizen through MN1 application form | From £900 + VAT To £2,000 + VAT |
UKF Application for registration of a child born before 1 July 2006 to a British father | From £900 + VAT To £2,000 + VAT |
Form T Application for registration of a child who was born in the UK and has lived in the UK for 10 years continuously | From £900 + VAT To £1,500 + VAT |
Application for registration of a stateless child as a British Citizen | From £90+ VAT To £2,000 + VAT |
The agreed fixed fee will depend on the complexity of your registration application and the volume of casework involved in the application. In addition to our fixed fee for registration application, the applicant will also have to pay the Home office UKVI fees for the registration application.