Child borne in the UK for stateless parents on Tier 1 (Gener

[Sudesh123]

Hi ... first thing I don’t know I’m allowed to email to you guys. If not I’m so sorry I’m bit disparate about my family feature.my name is Sudesh I’m 32 years old . I’m living in the Uk. At the moment me and my wife and my daughter visa application is padding on Uk BA. It’s all most 5 years. We don’t have rights to work even. But my uncle ( Nederland -EU visa holder ) he’s sponsor for us ) he’s looking after us. I have a son he’s 4years and 3 month old. We make visa application to Uk-BA under regarding stateless - British citizen . It’s has been refused. Could you please if anyone can advise is that any right to my son to get visa .
Kind regards
Sudesh

[CR001]

Apply for the same as what you and your spouse have applied for??

[secret.simon]

What are the nationalities of both parents? What are the nationalities of the uncle (is he a Dutch citizen or a Dutch visa holder)?

Stateless provisions for the child would apply only if
a) the child is born in the UK
b) he does not automatically inherit citizenship from either parent and he is not registered with the authorities of the countries of his parents' nationality. That depends on the laws of the countries of which the parents are citizens/nationals.
c) he has lived at least five years in the UK.

Are all three conditions met in the case of your child?

[Casa]

I have a son he’s 4years and 3 month old.

It seems condition 'c' isn't met.

[Sudesh123]

Hi ... thanks for getting back to me . Basically my son 4 years and 3month old . But my point is home Office has been given British citizens 3years old child as well. So why is difference to us . If the rules same it’s havw to be in under same an umbrella. Why they treat us differently? Yes my uncle Dutch passport holder and he was with us more than 5 years . He don’t take any benefits and all so we have been given DNA report as well to confirm he’s genuine my uncle ( my wife uncle) my wife dad and he’s brothers . Plus he don’t have kid so he’s looking after us. And HOme Office sayings depend don’t have valid documents. Look how can I provide my son passport because I cannot make it because our condition not match to make passport for my son. And all so I got letter from Srilanka embassy and saying they can’t provide passport because we don’t have valid visa in Uk. I’m suffering since 2013 even we don’t have working right. It’s so hard because we are as grown up parents. Could you please kindly advise what can I do to resolve this matter. Thank you very much for taking time to helping out
Kind regards

[CR001]

Hi ... thanks for getting back to me . Basically my son 4 years and 3month old . But my point is home Office has been given British citizens 3years old child as well. So why is difference to us .

Which child are you referring to here??

[secret.simon]

Again, what are the nationalities of your wife and yourself? Where was the child born?

But my point is home Office has been given British citizens 3years old child as well

The Home Office can register children of any age, even as young as a few months, provided the requirements of the law are met. For instance, a stateless child (or even one with another nationality) can be registered as a British citizen when they were born in the UK AND either one of their parents acquired either ILR or PR after the child's birth. Such registration could happen even a few days after birth, if the conditions required are met.

If the sole basis of the application for registration is statelessness, the requirements are spelt out in law quite specifically.

(1) A person born in the United Kingdom or a British 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 was under the age of twenty-two; and
(c) that he was in the United Kingdom or a British 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 British overseas territories in that period does not exceed 450.

[CR001]

Again, what are the nationalities of your wife and yourself? Where was the child born?

Presumably Sri Lankan. So the topic heading is misleading as parents don't appear to be 'stateless' then.

Look how can I provide my son passport because I cannot make it because our condition not match to make passport for my son. And all so I got letter from Srilanka embassy and saying they can’t provide passport because we don’t have valid visa in Uk. I’m suffering since 2013 even we don’t have working right.

[secret.simon]

Again, what are the nationalities of your wife and yourself? Where was the child born?

Presumably Sri Lankan. So the topic is misleading as parents are not 'stateless' then.

The parents are definitely not stateless. At least one parent is Sri Lankan, but it is not clear if both parents are Sri Lankan and if both of them are solely so.

Sri Lanka, like India and Australia, does not have automatic acquisition of citizenship by descent if the child is born abroad. Therefore the MK judgment provides guidance on how to proceed.

[Sudesh123]

Hi I have daughter and son . My daughter is 7 years and 2month old ( Srilankan passport holder) when she born we had Uk valid visa. But when is son born that time our visa application pending on Home Office. So we couldn’t register my son . And it’s been on going almost 5years. And my daughter and son both born in Uk.me and my wife Srilankan nationality.

[secret.simon]

My daughter is 7 years and 2month old ( Srilankan passport holder)...So we couldn’t register my son . And it’s been on going almost 5years. And my daughter and son both born in Uk.me and my wife Srilankan nationality.

Those are the details that we need to advise you.

Assuming that neither your wife nor you have any other nationality-

Son will be entitled to register as a British citizen on or after his fifth birthday. I am assuming that he has not left the UK at all as he presumably does not have a travel document.

Daughter will be entitled to register as a British citizen on her tenth birthday (as she is not stateless) provided that she has not been absent from the UK for more than 90 days in each of the first ten years of her life.

[Obie]

I personally saw registration certificate given to a child under 5 via the registration procedure, but my advise is that it was wrongly issued and it would therefore be a nullity as it is not in accordance with the law. Whilst the Home Office has discretion in relation to absence , it certainly does not in relation to the 5-years.

I have told people I will not in good conscience advise anyone to take that risk and lose such hige amount of money on the basis that UKVI made a mistake previously.

[Sudesh123]

First of all , thanks to the admins of this group and to the all dedicated members. It’s really a very helpful group for us . I will take this all advice thank you so much