Stateless child eligible for British citizenship

[Marianova]

Hello all
I'm writing here on behalf of a lady which I met recently .

She needs help with her 3 years old son passport application,
As far as I understand she was granted asylum on 2012 in the UK and 3 months after she gave birth to her son in the UK .
She is from Iran and citizenship is not given through mother according to Iranian law. The father has not recognised the son and they have ongoing court case with the father of the child.

Is it possible for her son to apply for British passport !

Thank you

[CR001]

Is the father named on the childs birth certificate?

[Marianova]

No there is no fathers name on the birth certificate .

[Obie]

The chid is not British and therefore cannot apply for British passport. If an attempt is made to apply for a passport , it will simply be a waste of money.

The child will either wait for mum to acquire ILR under set P and register the child under 1 (3), or the child can be registered in his own right if indeed he is stateless , under schedule 2 , once he has turned 5 years of age.

After registration , an application can be made for passport.

[Marianova]

Thank you Great information

As the child dose not belong to any country, what is the status of the child in the UK now !
Is it possible to register the child as stateless now .if yes where or how to apply ?


Here is some links to Iranian law that the mother can not pass citizenship to her child .http://www.refworld.org/docid/3ae6ad9423.html


https://www.princeton.edu/irandataporta ... ality-law/



http://hrbrief.org/2015/01/iran-discrim ... tizenship/



http://iranprimer.usip.org/blog/2015/fe ... nality-law





http://www.unicef.org/iran/IRN_resource ... g-word.pdf

[CR001]

No one is disputing the status of the childs non nationality.

Only a British citizen can apply for a British Passport. The child is NOT British. Have you clicked on the 'stateless' link that Obie has provided?

[Marianova]

The page states stateless person to lived 5 years in the UK.
The child only 3 years which means he is not eligible to apply for stateless person !
1:My question is if the child is not refugee nor stateless what is his status now in the UK?

2: the mother can apply for ILR after 5 years being in the UK in 2017. Dose she needs to wait one year after receiving her ILR before applying for British naturalisation ?or she can apply to be naturalised right after she receives her ILR ?

3: When she naturalised as a British citizen is that means her son is automatically British citizen too ?


Many thanks

[CR001]

1. The child status will continue as it is at present.

2. Assuming you mean citizenship for the mother, yes, she has to wait 1 year on ILR.

3. No, the child has to be registered as British. It is not automatic. The child can register as British when the child is 5 years old or also as soon as the mother gets ILR.

[Marianova]

Very thankful for your help .

I had a look at the page below it says after 5 years being here in the uk ! It dose not mention about 1 year ILR ?



https://www.gov.uk/government/publicati ... en-form-an

[CR001]

Citizenship is based on 5 years residence yes, but that 5 years MUST include a full 1 year on ILR (settled status), unless married to a British Citizen, then 12 months on ILR is not required.

[Marianova]

Thank you again for you kind help
God bless you sir