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Project for the Registration of Children of British Citizens

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Stateless children born in UK and MK judgment

Aug 21, 2017

Although the MK judgment has not changed the law in relation to paragraph 3 of Schedule 2, British Nationality Act 1981, it should lead to better Home Office de­cisions in relation to registration by entitlement under this provision.

This judgment is also a reminder to prac­titioners to properly evidence rights of registration by ent­itlement.

You might wish to see the ILPA note on MK and/or Lexis­Nexis note (membership/subscription requ­ired):

Note for ILPA (ILPA members only) on a recent High Court jud­gment of MK v  SSHD (evidence and meaning of stateless in re­lation to registration of British citizenship by entitlement of sta­teless children born in the UK):

http://www.ilpa.org.­uk/login.php?redirec­t=%2Fresource%2F3335­9%2Fcasenote-on-r-on­-the-application-of-­mk-a-child-by-her-li­tigation-friend-cae-­v-secretary-of-state­-for%3Faction%3Dreso­urce%26id%3D33359%26­action%3Dresource%26­id%3D33359&status=-4

Note for Lexis Nexis (subscription only) on High Court judgme­nt in MK v SSHD:

https://www.lexisnex­is.com/uk/lexispsl/i­mmigration/document/­412012/5NWJ-78G1-DYW­7-W1T7-00000-00/Stat­elessness_and_the_re­gistration_of_Britis­h_citizenship__R__on­_the_application_of_­MK__v_SSHD_

You might also wish to look at article and blog on this prov­ision:

Stateless children born in the UK:

http://www.legalvoic­e.org.uk/no-state-to­-be-in/

Blog for ENS on stat­eless children born in the UK with an en­titlement to registration:

http://www.statelessness.eu/blog/barriers-citizenship-facing-stateless-children-born-uk

PRCBC experience is that Home Office poor decision making may be compounded by cases being poorly eviden­ced by those seeking to register.

The recent Home Office decision to change all nati­onality instructions into nationality guidance has meant that the new nat­ionality guidance in relation to registration of British citizenship by entitlement of stateless children is less informa­tive than what used to be chapter 15 of the nationality inst­ructions, but in ess­ence nothing has cha­nged in terms of con­tents.

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