The International legal definition of a stateless person is a “person who is not considered as a national by any State under the operation of its law”. Today, at least 10 million people around the world are denied nationality. Some of them are deprived of basic healthcare, benefits and protection.
British Citizenship for a stateless child.
In the UK, the British Nationality Act 1981 governs nationality. Under this Act, individuals may be eligible to apply to register as British citizen if they are stateless. If your child is stateless, paragraph 3 of schedule 2 of the 1981 Act may be relevant.
Eligibility requirements depend on where and when a child was born.
Applicants born in the UK or overseas territories on or after 1 January 1983.
The applicant is eligible If they:
are under 22 years old
have lived in the UK or a British overseas territory for at least 5 years before applying
were in the UK or a British overseas territory exactly 5 years before the Home Office received their application
There is also a residence criterion, requiring the applicant to spend no more than 450 days outside the UK or British overseas territory during those 5 years
Applicants born outside the UK or overseas territories on or after 1 January 1983.
The applicant can only apply if:
they have been born stateless and always been stateless
they have lived in the UK or a British overseas territory for at least 3 years before the date of application
when they were born, their mother or father was a British citizen, British Overseas Territories citizen, British overseas citizen or British subject.
The residence requirement is that the applicant should have not been absent from the UK or British Overseas territory for more than 270 days in the 3-year period.
Condition of Stay.
Successful applicants will be invited to a citizenship ceremony if they are 18 or over and become British citizens. They will be free of any immigration restrictions. They can work, study and exercise other freedoms such as voting.
How to Apply/ Fees.
Applications are submitted online. If the applicant lives in the Channel Islands, the Isle of Man or a British overseas territory, they have to apply in person or by post instead. The decision is usually taken within 6 months.
It costs £1,206 to apply if the applicant is 18 or over and £1,012 if the applicant is under 18. The biometric information fee costs £19.20 and is paid separately.CONSULTATION
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In order to qualify for Permanent residence there is a set of requirements, such as continuous residence in the UK, good knowledge of English language, no criminal convictions and many more.More information
Becoming a British citizen is a significant life event.
The Home Office regards naturalisation as not an entitlement but rather a privilege. The decision to grant citizenship is subject to the applicant satisfying legal requirements.More information
You may be able to live in the UK permanently or temporarily if one of the following applies to you:
If your spouse/partner or partner is British
If your spouse/partner is EEA nationalMore information
Our immigration team achieved great success in representing a client in her appeal against the Home Office’s decision to refuse issuance of the Residence Card as an extended family member of an EEA national.
Our client, a Ukrainian national entered the UK as a Family Permit holder and was residing in the UK as an extended family member of an EEA national (her father-in-law was Portuguese). Our client lived with her husband and son, whose residence in the UK was also dependent on the same EEA national.
Two successful applications for leave to remain under the parental route. Our clients both parents of children in the UK had no status in the UK when they approached Sterling Law.
A statutory demand is a request for the payment of outstanding debt.
If you have an undisputed amount due to you or to your business (e.g. an unpaid invoice) then you can file a form called statutory demand requesting a debtor to settle the debt.
A statutory demand is a kind of a warning from you to a debtor that the failure to repay the debt might result in the start of a procedure in the courts to make the debtor bankrupt. This form is often used as a legal tool to apply pressure on the debtor to ensure that they repay their debt.
Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.
In the recent case of Topadar v Secretary of State for the Home Department  EWCA Civ 1525 the Court of Appeal examined two questions:
At what point is an immigration application decided by the Home Office?
Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)?
The Court of Appeal decided: