Immigrationboards.com

Hi,

Recently there has been a leaflet in circle on whatsapp.

Stating:
New Immigration Case
Stateless Child Case
On 14 June 2017, in the case of MK vs. SSHD[2017] the High Court stated that a child is stateless if he/she meets the following requirement:
-Child Born on or after 3rd Dec 2004
-Child is born in the UK
-Child parents are Indian nationals
-Child has never been to India
-Child does not have any other nationality
-Child is not registered with Indian High Commission under Citizenship Act 1955 (India)

What visa will you get?
Child from 1 to 4 years = 30 months visa
Child more than 5 years = British Citizenship

Kindly shed a light on this whether it applies to just Indian Nationals or to all(as on Gov.uk, MK vs. SSHD 2017 is a case of Nigerian National).

Thanks in Advance.

It is understood that Indian citizenship by descent (since Decmber 2004) is contingent on registration. If no application for Indian citizenship is made then the child may remain stateless. Although- being stateless does not give any U.K. born child entitlement to British citizenship until the child is 5.
https://www.gov.uk/government/uploads/s ... NAL_v1.pdf

Nigerian citizenship- you should check with the Nigerian authorities as to whether Nigerian citizenship by descent is granted automatically or whether it is based on registration.

The entitlement (if any) of the parents of a British citizen child to some kind of visa to remain in the U.K. is a separate discussion. There is no inherent entitlement for parents of a British child to have British citizenship.

MK vs. Secretary of State for the Home Department [2017] - Judgment of 14 June 2017

May I suggest to the moderators that this thread be considered for merger with this similar thread and further that it be considered for sticky status.

Since this thread asks an additional question regarding visas, it may not be suitable for merger.

General discussion on the statelessness issue can go in the thread mentioned.

Discussion regarding potential visa/settlement options for parents if child acquires British citizenship this way could go in the General UK Immigration forum.
general-uk-immigration-forum/

I have locked it for the short term to prevent duplication of discussions.