stateless children

WaheedIqbal · Post by **WaheedIqbal** » Fri Dec 15, 2017 2:02 pm

after the MK case in june 2017 alot of indian citizens are doing the stateless applications for their children
is it possible the same can be applied to the national of the other countries?

CR001 · Post by **CR001** » Fri Dec 15, 2017 2:15 pm

Which application are you referring to? You need to provide more details of your situation as I see from your previous post, you had an application refused on the 7 year child concession basis.

secret.simon · Post by **secret.simon** » Fri Dec 15, 2017 8:00 pm

What are the nationalities of the two parents?

The MK case is, in part, an outcome of Indian law, which says that children born to Indian parents abroad must be registered to acquire Indian citizenship and that it is not automatic.

That may not be the case with children born to parents from other countries.

It is the nationality laws of the country/ies of nationalities of both parents, not UK law, that decides if the child is stateless. Only if the child is stateless can it apply under the stateless provisions.

Note that children without passports may not be stateless. Nationality is typically granted by law and lack of passport is immaterial to whether the person/child has a certain citizenship.

Obie · Post by **Obie** » Fri Dec 15, 2017 11:56 pm

MK will only be engaged once a child has resided for a period of 5 years in the UK. There should not have been an attempt to register the child with the Indian authorities.

secret.simon · Post by **secret.simon** » Sat Dec 16, 2017 10:46 am

Obie wrote: ↑
Fri Dec 15, 2017 11:56 pm
MK will only be engaged once a child has resided for a period of 5 years in the UK. There should not have been an attempt to register the child with the Indian authorities.

Obie, I think the OP's question is, can MK be engaged in the case of children neither of whose parents are Indian?

flrfpr · Post by **flrfpr** » Fri Feb 23, 2018 1:50 pm

hi
update in regards to Stateless case of my child...ITS being successful...
very easy for anyone whos child is born in Uk and have lived 5 years, and they never being registered to any country.
i am INDIAN, both me n my wife are illegal and our FLR FP application is pending with home office based on our elder daughter ( she became british last year under 10 year old child rule)

Wanderer · Post by **Wanderer** » Fri Feb 23, 2018 2:08 pm

flrfpr wrote: ↑
Fri Feb 23, 2018 1:50 pm
hi
update in regards to Stateless case of my child...ITS being successful...
very easy for anyone whos child is born in Uk and have lived 5 years, and they never being registered to any country.
i am INDIAN, both me n my wife are illegal and our FLR FP application is pending with home office based on our elder daughter ( she became british last year under 10 year old child rule)

Surely they are Indian afer their parents?

aiza78601 · Post by **aiza78601** » Sat May 05, 2018 11:17 am

Hi all moderate members, I just need to clarify about stateless children .
MK judgment is about Indian national but <<redacted>> claimed several times on Facebook and Venus tv sessions that they successfully registered Pakistani children too.
Please advise if this law implement on Pakistani children or it’s just for Indian stateless children.
Any advise would be highly appreciated
Regards

Moderator Edit: Name of law firm redacted.

secret.simon · Post by **secret.simon** » Sat May 05, 2018 12:11 pm

aiza78601 wrote: ↑
Sat May 05, 2018 11:17 am
MK judgment is about Indian national but <<redacted>> claimed several times on Facebook and Venus tv sessions that they successfully registered Pakistani children too.
Please advise if this law implement on Pakistani children or it’s just for Indian stateless children.

Most likely not. Children born to Indian citizens are not automatically Indian citizens under Indian law. They need to be registered as Indian citizens. If they are not registered, they are stateless.

It seems Pakistani nationality law is like UK nationality law in that a child born to a Pakistani citizen abroad is automatically Pakistani, no registration required. Therefore a child born to a Pakistani parent abroad is not stateless, but a Pakistani citizen, even if it does not have a Pakistani passport.

The MK judgment would apply to children born to parents whose nationality does not pass automatically to children born abroad. India, Australia and South Africa are the ones that come to mind.

Be aware that the Home Office is aware of Pakistani nationality law. There used to be a short summary of it on the Home Office website.

Jayahanif · Post by **Jayahanif** » Sun Jul 01, 2018 12:57 pm

Hi flrfpr
Can you please tell me you stateless child application for your daughter based on MK how long it took to get successful. I mean when did you apply and when did it come back with outcome.?

Please let me know I am looking to apply for my son he 5 years and 6 month old now.
Also did you get any outcome for your FLR/FP application.?

Many Thanks
jay

flrfpr · Post by **flrfpr** » Wed Jul 11, 2018 10:12 am

it took 4 months and needed a letter from indian high commossion that she has never applied for any passport and she is not registered as indian, letter from school and GP...

NS1981 · Post by **NS1981** » Sun Jul 29, 2018 7:09 pm

Hi everyone ,
I want some informations about the 5 years route of child stateless like the case of MK for examples,,
so i have been applied for the registration of british citizenship for my 6 years child my nationality is indian and my partner is from mauritius .we are not married we have 2 children but my partner had declared my child in her birth certificate . we had not registered my child in any embassy yet .so my child is stateless in uk .we both are illegally .the embassy of india give us the certificate that my child could not be indian cause its already more than one year of the declaration .but the embassy of mauritius said to my husband that your child is eligible for mauritius citizenship .so our solicitor told us that it may be refused by the home office if we made any application for my child for the 5 year route case like Mk .so he suggest us that he 'll make the application of single mother for my child .and also every month my partner go to report in home office they had interview him and asked him if he is still living together cause he had took my little one also .so he told them that one week he take the responsibly of one child they had asked him a letter from the court.but my question if any ideas of our case ... can our case will be sucessfull even if i am an indian nationally and i had applied for my child for the 5 year basse in uk and we are still living together any ideas please ,,,,

thanks you all

secret.simon · Post by **secret.simon** » Sun Jul 29, 2018 7:50 pm

NS1981 wrote: ↑
Sun Jul 29, 2018 7:09 pm
Hi everyone ,
I want some informations about the 5 years route of child stateless like the case of MK for examples,,
so i have been applied for the registration of british citizenship for my 6 years child my nationality is indian and my partner is from mauritius .we are not married we have 2 children but my partner had declared my child in her birth certificate . we had not registered my child in any embassy yet .so my child is stateless in uk .we both are illegally .the embassy of india give us the certificate that my child could not be indian cause its already more than one year of the declaration .but the embassy of mauritius said to my husband that your child is eligible for mauritius citizenship .so our solicitor told us that it may be refused by the home office if we made any application for my child for the 5 year route case like Mk .so he suggest us that he 'll make the application of single mother for my child .and also every month my partner go to report in home office they had interview him and asked him if he is still living together cause he had took my little one also .so he told them that one week he take the responsibly of one child they had asked him a letter from the court.but my question if any ideas of our case ... can our case will be sucessfull even if i am an indian nationally and i had applied for my child for the 5 year basse in uk and we are still living together any ideas please ,,,,

thanks you all

The child is not stateless. Being born to a Mauritian parent abroad, it is likely automatically a Mauritian citizen.

For the MK judgment to apply, the nationalities of both parents should require registration or otherwise fail to pass on to the child. That is clearly not the case here. Therefore, you should not attempt to register the child under MK, but wait until the child has completed 10 years of residence in the UK.

Be aware that citizenship acquired by concealment of a material fact (such as the fact that the child is NOT stateless, in this case) can later be withdrawn. Also, there may be issues with the concealed parent then relying on the British citizenship of the child to try to get residence in the UK.

Are both parents named on the child's birth certificate?

NS1981 · Post by **NS1981** » Sun Jul 29, 2018 11:01 pm

Hi thanks for your answer,,
Yes both parent name on the birth certificate .
The solicitor has applied for only single mother who is Indian for the child of 6 years for the 5 route case .
Thanks you

Jayahanif · Post by **Jayahanif** » Sat Aug 18, 2018 2:39 pm

Hi flrfpr

Thank you for kind reply.

My solicitors has contected indian high commision for letter, which can prove my son is not registered as an indian but high commission replied they have outsourced service to VFS due to high demand.

So my question is here when you have applied where did you get letter from.? Is it from high commision itself or from VFS.?

Second question is who ever issued letter fo you, how long did they took to issue letter for your child.?

I was only asking many questions because this conversation will help me and many other indian families who struggling to get information and paying lots of charge for little information and cheated by solicitors, so share your experiece in detail and thats what I will do once I will apply mine.

Your responce will be appreciated!!!

Many Thanks
Jay

Obie · Post by **Obie** » Sat Aug 18, 2018 2:46 pm

NS1981 wrote: ↑
Sun Jul 29, 2018 11:01 pm
Hi thanks for your answer,,
Yes both parent name on the birth certificate .
The solicitor has applied for only single mother who is Indian for the child of 6 years for the 5 route case .
Thanks you

Home Office will ask for details of the other parent, and if it is establish that the child's other parent is Mauritian, then the application will fail, as the child will not be stateless.

NS1981 · Post by **NS1981** » Sat Aug 25, 2018 9:35 pm

Hello ,
Thanks for your answer Obie !!!
If any ideas !!! me and my wife was living as a partner then got separated my wife had take my elder one that why the solicitor had told my wife the 5 years route but thinking about the declaration of my child in the birth certificate can be an obstacle even if we had separate the home Office will consider my child both parents nationality any guess of that ? Now will see still waiting for the answer from HOffice .thanks you

raj1215 · Post by **raj1215** » Mon Sep 03, 2018 3:28 pm

Jayahanif wrote: ↑
Sat Aug 18, 2018 2:39 pm
Hi flrfpr

Thank you for kind reply.

My solicitors has contected indian high commision for letter, which can prove my son is not registered as an indian but high commission replied they have outsourced service to VFS due to high demand.

So my question is here when you have applied where did you get letter from.? Is it from high commision itself or from VFS.?

Second question is who ever issued letter fo you, how long did they took to issue letter for your child.?

I was only asking many questions because this conversation will help me and many other indian families who struggling to get information and paying lots of charge for little information and cheated by solicitors, so share your experiece in detail and thats what I will do once I will apply mine.

Your responce will be appreciated!!!

Many Thanks
Jay

Hi Jay.
Yes Indian high commission outsourced it's service for issuing that letter to stateless children. You can apply through your nearest VFS office they take the application and send it to Indian high commission or Indian counsellor office , that office will then process your request and if you satisfied their requirements they will issue you a NAC (non acquisition certificate/letter) within 2-4 weeks time.
You don't need a solicitor for this service I would say as I have used it on my own. All the forms are available on VFS website. What you need is one valid Indian passport of Indian parent of the child , child birth certificate, your marriage certificate, your address proof, bank card to pay the service fee at VFS. They send the ready letters to your home address along with your submitted above original documents via special courier delivery by DX. I hope this information will help in your case.

Thanks.
RAJ

Jayahanif · Post by **Jayahanif** » Fri Sep 21, 2018 10:53 am

Hi Jay.
Yes Indian high commission outsourced it's service for issuing that letter to stateless children. You can apply through your nearest VFS office they take the application and send it to Indian high commission or Indian counsellor office , that office will then process your request and if you satisfied their requirements they will issue you a NAC (non acquisition certificate/letter) within 2-4 weeks time.
You don't need a solicitor for this service I would say as I have used it on my own. All the forms are available on VFS website. What you need is one valid Indian passport of Indian parent of the child , child birth certificate, your marriage certificate, your address proof, bank card to pay the service fee at VFS. They send the ready letters to your home address along with your submitted above original documents via special courier delivery by DX. I hope this information will help in your case.

Thanks.
RAJ

Hi Raj
I appreciate your quick reply on my quarries.

I have already applied for NAC certificate from VFS Manchester couple of weeks ago, waiting to hear from them.

As soon as I will receive NAC I will apply for my sons stateless child application based on MK India. Then I will put my journey on immigration board.

Thank you for being so kind and Sharing your information with us, it means a lot.
Many Many Thanks
Jay

Priyyam · Post by **Priyyam** » Fri Sep 21, 2018 10:00 pm

raj1215 wrote: ↑
Mon Sep 03, 2018 3:28 pm

Jayahanif wrote: ↑
Sat Aug 18, 2018 2:39 pm
Hi flrfpr

Thank you for kind reply.

My solicitors has contected indian high commision for letter, which can prove my son is not registered as an indian but high commission replied they have outsourced service to VFS due to high demand.

So my question is here when you have applied where did you get letter from.? Is it from high commision itself or from VFS.?

Second question is who ever issued letter fo you, how long did they took to issue letter for your child.?

I was only asking many questions because this conversation will help me and many other indian families who struggling to get information and paying lots of charge for little information and cheated by solicitors, so share your experiece in detail and thats what I will do once I will apply mine.

Your responce will be appreciated!!!

Many Thanks
Jay
Hi Jay.
Yes Indian high commission outsourced it's service for issuing that letter to stateless children. You can apply through your nearest VFS office they take the application and send it to Indian high commission or Indian counsellor office , that office will then process your request and if you satisfied their requirements they will issue you a NAC (non acquisition certificate/letter) within 2-4 weeks time.
You don't need a solicitor for this service I would say as I have used it on my own. All the forms are available on VFS website. What you need is one valid Indian passport of Indian parent of the child , child birth certificate, your marriage certificate, your address proof, bank card to pay the service fee at VFS. They send the ready letters to your home address along with your submitted above original documents via special courier delivery by DX. I hope this information will help in your case.

Thanks.
RAJ

Hi RAJ just I need some information abt applying stateless child application which form we need to fill and how much is the fee and one more what letter we need to get from GP plz answer me ASAP thx

raj1215 · Post by **raj1215** » Fri Sep 21, 2018 10:14 pm

Hi Priyyam.
To apply for stateless child form is S3 and you need NAC letter form parents country/s. If you have letters from GP for the last 5 year immunisation details. Or If you can get letter from GP too. The home office fees is £1012. If you using solicitor it depends how much they charge for form filling. It's a straight forward application form easy to fill. All the best for your application.

Raj.

Priyyam · Post by **Priyyam** » Sat Sep 22, 2018 4:59 pm

Thx for ur kind reply RAJ I got NAC letter from IndianEmbassy what letter I need get from GP I have red book for my child. The complication in my case is I registered my child as Indian citizen but never took Passport in this June I went to apply for passport but Indian embassy gave me NAC letter I asked in counter she says go apply for UK passport iam confused and scared to apply if something goes wrong they will put deception charges on me ....I requested SAR file from HO they don’t have any details of Indian registration I took solicitors opinion mixed response .... don’t know wht to do confused plz give me suggestions thx

raj1215 wrote: ↑
Fri Sep 21, 2018 10:14 pm
Hi Priyyam.
To apply for stateless child form is S3 and you need NAC letter form parents country/s. If you have letters from GP for the last 5 year immunisation details. Or If you can get letter from GP too. The home office fees is £1012. If you using solicitor it depends how much they charge for form filling. It's a straight forward application form easy to fill. All the best for your application.

Raj.

raj1215 wrote: ↑
Mon Sep 03, 2018 3:28 pm

Jayahanif wrote: ↑
Sat Aug 18, 2018 2:39 pm
Hi flrfpr

Thank you for kind reply.

My solicitors has contected indian high commision for letter, which can prove my son is not registered as an indian but high commission replied they have outsourced service to VFS due to high demand.

So my question is here when you have applied where did you get letter from.? Is it from high commision itself or from VFS.?

Second question is who ever issued letter fo you, how long did they took to issue letter for your child.?

I was only asking many questions because this conversation will help me and many other indian families who struggling to get information and paying lots of charge for little information and cheated by solicitors, so share your experiece in detail and thats what I will do once I will apply mine.

Your responce will be appreciated!!!

Many Thanks
Jay
Hi Jay.
Yes Indian high commission outsourced it's service for issuing that letter to stateless children. You can apply through your nearest VFS office they take the application and send it to Indian high commission or Indian counsellor office , that office will then process your request and if you satisfied their requirements they will issue you a NAC (non acquisition certificate/letter) within 2-4 weeks time.
You don't need a solicitor for this service I would say as I have used it on my own. All the forms are available on VFS website. What you need is one valid Indian passport of Indian parent of the child , child birth certificate, your marriage certificate, your address proof, bank card to pay the service fee at VFS. They send the ready letters to your home address along with your submitted above original documents via special courier delivery by DX. I hope this information will help in your case.

Thanks.
RAJ

sharmimsw · Post by **sharmimsw** » Tue Oct 23, 2018 6:06 pm

how to apply and how long it takes to get stateless letter from the Indian high commission ?

sharmimsw · Post by **sharmimsw** » Tue Oct 23, 2018 6:15 pm

I got answer from previous post. Thanks

sharmimsw · Post by **sharmimsw** » Wed Oct 24, 2018 12:22 pm

Hi Priyyam,

Thanks a lot for you detail post for NAC Letter.

Hi Priyyam.
To apply for stateless child form is S3 and you need NAC letter form parents country/s. If you have letters from GP for the last 5 year immunisation details. Or If you can get letter from GP too. The home office fees is £1012. If you using solicitor it depends how much they charge for form filling. It's a straight forward application form easy to fill. All the best for your application.

Raj.
[/quote]

raj1215 wrote: ↑
Fri Sep 21, 2018 10:14 pm
Hi Priyyam.
To apply for stateless child form is S3 and you need NAC letter form parents country/s. If you have letters from GP for the last 5 year immunisation details. Or If you can get letter from GP too. The home office fees is £1012. If you using solicitor it depends how much they charge for form filling. It's a straight forward application form easy to fill. All the best for your application.

Raj.

raj1215 wrote: ↑
Mon Sep 03, 2018 3:28 pm

Jayahanif wrote: ↑
Sat Aug 18, 2018 2:39 pm
Hi flrfpr

Thank you for kind reply.

My solicitors has contected indian high commision for letter, which can prove my son is not registered as an indian but high commission replied they have outsourced service to VFS due to high demand.

So my question is here when you have applied where did you get letter from.? Is it from high commision itself or from VFS.?

Second question is who ever issued letter fo you, how long did they took to issue letter for your child.?

I was only asking many questions because this conversation will help me and many other indian families who struggling to get information and paying lots of charge for little information and cheated by solicitors, so share your experiece in detail and thats what I will do once I will apply mine.

Your responce will be appreciated!!!

Many Thanks
Jay
Hi Jay.
Yes Indian high commission outsourced it's service for issuing that letter to stateless children. You can apply through your nearest VFS office they take the application and send it to Indian high commission or Indian counsellor office , that office will then process your request and if you satisfied their requirements they will issue you a NAC (non acquisition certificate/letter) within 2-4 weeks time.
You don't need a solicitor for this service I would say as I have used it on my own. All the forms are available on VFS website. What you need is one valid Indian passport of Indian parent of the child , child birth certificate, your marriage certificate, your address proof, bank card to pay the service fee at VFS. They send the ready letters to your home address along with your submitted above original documents via special courier delivery by DX. I hope this information will help in your case.

Thanks.
RAJ

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