For stateless British children born in the UK, there is good news! Stateless children can now apply for British citizenship, thanks to a recent court decision. Statelessness is an apocalyptic phenomenon in the world, and millions, including children, lack nationality and fundamental rights. This change is a good start in giving these children the protection and opportunities they deserve.
What is Statelessness?
A stateless individual is not a national in the eyes of any state. A stateless person can have none of the nationalities of a country or fail to gain one of them. Those born in the UK tend to be British citizens but some of the children here do not have one.
Being stateless can be dangerous. Stateless people do not have any legal recourse to a government, nor can they claim rights such as healthcare, education or employment. For instance, if a British national is detained abroad, the British government can help. But if you are a stateless person, no nation can help.
Causes of Statelessness
Stateless people may be stateless for several reasons:
- War and wars can be where one loses one’s nationality.
- Some immigration laws are so inadequate or broken that citizens are without a nationality.
- Changing borders or forming new nations leaves citizens stateless.
- People who move from country to country without documents can become stateless too.
Children are particularly prey to statelessness. They can be stripped of fundamental rights such as education and health care and, when they are old, they may struggle to find work or a future.
UN Agenda to End Statelessness.
The United Nations targets child statelessness to disappear by 2024. They urge countries to:
- Allow children who were born in one country to be automatically nationalized if they would be stateless.
- Make sure mom has the same entitlement as dad to give her nationality.
- Stop denying nationality because you’re a black, a white, a Muslim, a white, or an ethnic.
- Adopt universal birth registration where every child’s nationality is recorded.
The Case of MK and Its Impact on Stateless Children
A recent court decision in the UK, the case of R (MK) v Secretary of State for the Home Department, has brought a significant change. The case involved a stateless child born in the UK in 2010 to parents who were overstaying in the country. The child had lived in the UK for more than five years and applied for British citizenship under the British Nationality Act 1981.
Under this law, a child born in the UK can apply for citizenship if they meet certain conditions, such as being stateless and under the age of 22. The case challenged the Home Office’s refusal to grant the child British citizenship. The court ruled in favor of the child, stating that the child was indeed stateless, and therefore, should be granted citizenship.
The decision clarified that statelessness is not defined by whether someone can acquire a nationality, but whether they are truly without any nationality. This ruling now opens the door for many other children born in the UK to stateless parents to apply for British citizenship.
What This Means for Other Stateless Children
This important court ruling means that other children born in the UK to stateless parents can now apply for British nationality. Previously, the Home Office argued that a child must have no ability to acquire a nationality to be considered stateless. However, the court’s decision made it clear that this is not the case, and children in similar situations can now apply for citizenship.
If you or your child is in a similar situation, it’s important to seek expert legal advice. The law is complex, and a skilled immigration lawyer can guide you through the process to ensure the best possible outcome.
At Law and Visas, we have successfully helped many clients in similar cases. Our experienced lawyers can provide the support you need to navigate this process and secure British citizenship for your child.
The recent court decision gives stateless children born in the UK a chance to apply for British citizenship, offering them the rights and protections they deserve. If you believe your child may qualify, it’s important to consult with an immigration lawyer who can help you with the application process. Contact Law and Visas for expert advice and assistance with your nationality application.
