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SolicitorRM, Solicitor
Category: Immigration Law
Satisfied Customers: 3909
Experience:  Director and Principal Solicitor. UK
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Assistant: How can I help? i have a query related to mk

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Assistant: Hi. How can I help?
Customer: i have a query related to mk judgement
Assistant: Where are you? It matters because laws vary by location.
Customer: I’m located at London
Assistant: What steps have you taken so far?
Customer: Myself and my husband are from India. Our son born here in Uk he is one year old
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Yes
Customer: replied 9 months ago.
Myself and my husband are from india. We are holding tier 2 ict visa. We entered uk first time on skills transfer visa for 6 months in 2016 and then we entered uk with tier 2 ict visa in 2017. Our son born here in uk and he is one year old , he didn’t leave the country since his birth. Yet we haven’t registered his citizenship with Indian embassy, when we checked it’s already over due and he is sort of stateless. So is it possible to acquire his British citizenship citing MK judgement .

Hi thank you for your enquiry and your patience. I am reviewing your question now

Customer: replied 9 months ago.
Okay Thankyou
Customer: replied 9 months ago.
Sorry I don’t want to make the call
Customer: replied 9 months ago.
Please cancel my order for call request
Customer: replied 9 months ago.
By when can I expect a reply for my query ?

Hi, I have ignored your call request. It does not guarantee that other experts might not pick up the request. You would just need to advise them you accepted the offer in error but if you do engage and get advice on the call the charge for the call will remain. Apologies I have been on another call with a customer and therefore could not be typing at the same time. I am typing your response now.

This is a very complex area of immigration law and mainly for the obvious reason that it is open to much abuse by individuals who otherwise not be able to settle in the UK or successfully apply for citizenship. That said the current position is what I can guide you on. The UK will recognise a person as stateless if they are not recognised as a citizen of any country and are unable to live permanently in any other country. Indian citizenship is acquired by descent, and a child born outside India after 1992 is a citizen of India by descent if either of the child's parents was at the time of his birth a citizen of India other than by descent. If, however, the birth was outside India on or after 3 December 2004 (the date of commencement of the Citizenship (Amendment) Act 2003 (India)) the child is not a citizen unless the birth is registered at an Indian consulate 'in such form and in such manner as may be prescribed'. What you will know already is that if the registration is after the child's first birthday it needs 'the permission of the Central Government'. In either case the parents have to declare, also 'in such form and in such manner as may be prescribed', that the child does not hold the passport of any other country. So clearly citizenship is not granted from the date of registration: it is obtained by the birth, provided that the birth is registered.

For the purposes of the statutory provisions in issue in MK judgment that you have correctly identified as the relevant case law, a person is stateless if he has no nationality. Ability to acquire a nationality is irrelevant for these purposes. A child born on or after 3 December 2004, outside India, of parents at least one of whom is an Indian national, and who has not been to India, is not an Indian national unless registration of the birth has taken place in accordance with the provisions of the Citizenship Act 1955 (India) as amended. If the child has no other nationality, the child is stateless for the purposes of paragraph 3 of Schedule 2 to the British Nationality Act 1981 and, if the other requirements of that paragraph are met, is entitled to be registered as a British citizen.

Your child has not been registered with the consulate and is therefore not an Indian national and would be entitled to apply for British Citizenship. She would however need to comply with section 3 of the British nationality act and can apply for registration from when she turns 5. Your dilemma I guess would be with your own status in the uk, hopefully you are able to extend your tier 2 ict visas so that you remain lawfully in the UK. I hope this is useful to you and I would be grateful for your rating at your earliest convenience. All the best

SolicitorRM and other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.
Thankyou very much for your detailed reply.I have one more query, does he has to be 5 years old minimum and lived 5 years in Uk then only MK will apply ?Is it possible that he lived in UK for 2 years and then can be apply for citizenship ?

Hi I have tried to call you but there is no response. I am sorry I was off line for rest of the day. Let me know when I can call back.