Stateless Child born to Indian National parents

Under the United Nations Convention on the Reduction of Statelessness, schedule 2 of the British Nationality Act 1981 makes provision for the acquisition of citizenship for persons who are or would otherwise be stateless.

In the famous case of R (MK) (a child by her litigation friend CAE) v SSHD [2017] EWHC 1365 (Admin), [2017] All ER (D) 84 (Jun) the Administrative Court ruled that the child born to Indian parents in the UK whose birth was not registered with the Indian High Commission UK in accordance with Indian Law was entitled to be registered as a British citizen.

This case has significant relevance for the families of Indian Origin who were unable to register their child’s birth with the Indian High Commission within one year.

Eligibility Criteria to register your stateless child as a British Citizen:

A child who was born in the UK or a British overseas territory can register as a British citizen under paragraph 3 of schedule 2 if:

  • They were born on or after 1 January 1983
  • They were born stateless
  • They have remained stateless
  • On the date of application, they are under the age of 22
  • They were in the UK or a British overseas territory at the beginning of the period of 5 years ending with the date of application- in that 5-year period
  • They were not absent from both the UK and the British Overseas Territories for more than 450 days

A child who meets these requirements is entitled to register as:

  • a British citizen, if the number of days spent in the UK in the 5-year period is more than the number of days spent in the British Overseas Territories
  • a British Overseas Territories citizen (BOTC) in any other case.

Evidence required to establish entitlement to register as a stateless child

The application must be supported by the following evidence:

  • The applicant’s birth certificate showing parents details
  • A letter from the authorities of the applicant’s country of birth (Indian High Commission, UK), unless this is the UK or a British overseas territory, stating that the applicant is not and never has been a citizen of that country
  • If either or both of the applicant’s parents are not a national of that country, a letter from the authorities of the country of which either or both parents are a national stating that the person is not and never has been a citizen of that country

Why Choose Aaryan Solicitors?

Expert Immigration team: Aaryan Solicitors has a team of expert UK immigration and family visa solicitors who can provide you legal advice and assistance with your British Citizenship application. Headed by partner Vikramjit Singh, an acknowledged immigration law specialist and champion of those whose status here is challenged., we have a track record of successfully pushing through applications efficiently and cost-effectively. Contact us for case assessment, eligibility requirements and supporting documents.

Competitive Prices: We offer a competitive price service without compromising on our service. Our reputation outshines other, larger immigration law ​firms in London and across the country.

Flexible payment options: We understand that immigration complications often arise without notice which could become difficult in present economic climate therefore we provide flexible payment options. You may pay the agreed fees in instalments each month benefiting your needs, which will be agreed in advance.

Excellent Success Rate: : Every application we prepare is tailor-made and thoroughly researched. As a result, our success rate is high. We pride in our highest standard of service as a result of which most of our clients return to us for their other legal matters.

Out of office hour unique service: We provide clients focused service keeping in consideration busy working lifestyle therefore out of office telephone and/or in person appointments are available, subject to prior bookings, from 6.00 pm to 8.30 pm weekdays, and on weekends and bank holidays.

To apply for British Citizenship, get in touch with Aaryan Solicitors for professional, no-obligation advice.



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