- Page Contents
- Eligibility Requirements
- High Court Judgement
- Child Of Indian Parents
- How Can We Help You?
- How Much We Charge?
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 can provide specialist advice and representations for your stateless child to be registered as a British citizen.
The Paragraph 3 of Schedule 2 of the British Nationality Act 1981 provides that:
"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."
In the light of the above, a stateless child can apply for registration as British Citizen if the following requirements are duly satisified:
- The relevant stateless child was born in the UK;
- The relevant child is and has always been stateless;
- The relevant child must be under the age of 22 at the date of application;
- The relevant child must be in the UK at the begining of the period of 5 years preceding the date of the application;
- The relevant child was not absent from the UK for more than 450 days in last 5 yeas preceding the date of application.
The High Court in the landmark case of MK (A Child By Her Litigation Friend CAE), R (On the Application Of) v SSHD  EWC 1365 (Admin) (14 June 2017) considered whether the definition of ‘stateless’ includes those who do not automatically acquire the nationality by operation of their own national law but to whom it is open to acquire such nationality by registration or a similar process should they chose to do so.
Under the Indian law – The Citizenship (Amendment) Act 2003 (India) – an Indian national born aboard on or after 03 December 2004 is not a citizen unless the birth is registered at an Indian consulate ‘in such a form and manner as may be prescribed’. A child born to indian parents in the UK whose birth has not been registered with the Indian Authorities for at least 12 months may be considered as a stateless child and may be eligible to apply for registration as a British citizen. A letter from the Indian High Commission will be required for confirming that the child has not been registered with the Indian Authorities and therefore the child is not an Indian national as per Indian nationality laws.
Our expert team of nationality law solicitors in London, Manchester and Birmingham can represent you in your application for registration as a British Citizen and carry out all the work on your British Citizenship application until a decision on your application is recieved from the Home Office UKVI. As part of our professional legal services in relation to your application for registration as a British Citizen, our specialist team of immigration solicitors will carry out the following immigration casework:
- We will assess your eligibility for registration as a British Citizen by considering all the relevant information including your past immigration history;
- We will advise you on the chances of success in your application for registration as a British Citizen and would draw your attention to any weaknesses in your application;
- We will advise you on the list of documents to be submitted in support of your application for registration as a British Citizen;
- We will assess all the supporting documents to ensure that the documents you provide duly satisfy the Home Office UKVI requirements for registration as a British Citizen;
- We will complete the relevant application form online for your registration as a British citizen, submit the same online, help you pay the Home Office UKVI fee for the application and schedule your appointment with the application centre for enrolment of your biometrics;
- We will prepare a detailed cover letter in support of the application explaining in detail your eligibility for registration as a British Citizen by referring to all the relevant information, documents, laws and requirements;
- We will upload all the supporting documents online to be considered in support of the application including our cover letter prepared to suppport your application;
- We will carry out all the work on your application for registration as a British Citizen until a decision is received from the Home Office UKVI on your application.
Unless your application is very complicated, our fees for an application for registration as a British Citizen are given in the fee table below:
|Our Service||Our Fee|
|One-off immigration consultation/advice for registration as a British Citizen||£80 (inclusive of VAT)|
|One-Off Application Checking Service / Documents Assessment||£240 (inclusive of VAT)|
|Full service for registration as a British Citizen to cover all the work until decision by the Home Office UKVI||From £1,000 + VAT To £1,500 + 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.