Guide S – Registration of a Stateless Person As A
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Guide S – Registration of a stateless person as a: • British citizen • British Overseas Territories citizen • British overseas citizen • British subject March 2019 Contents Introduction 3 Requirements 5 Born in the UK or an overseas territory on or after 1 January 1983 5 Born outside the UK and overseas territories on or after 1 January 1983. 6 Born before 1 January 1983 7 OISC and Immigraion Advice 6 Biometric enrolment 9 Documents 10 Citizenship ceremonies 13 Deprivation of citizenship 14 2 Introduction This guide sets out the different ways in which you can apply for British nationality on the basis of being stateless. The guide will help you decide whether you or your child qualify to apply for registration and tells you how to do so. The law covering registration is contained in the British Nationality Act 1981 and the regulations made under it. The information given here is meant only as a brief guide to the law and to the Home Secretary’s policy. It is not a comprehensive statement of either the law or policy. For your application to be successful you will need to show that you satisfy a number of requirements. The requirements which you are required to meet will depend on whether you were born: • in the UK or a British overseas territory on or after 1 January 1983 • outside of the UK and overseas territories on or after 1 January 1983 • before 1 January 1983 OISC and Immigration Advice You may, if you wish, use the services of an agent such as a solicitor or other competent adviser to help you with your application. Immigration or nationality advisers acting in the course of business (whether paid or unpaid) are regulated by the Office of the Immigration Services Commissioner (OISC), an independent body. The provision of such advice is prohibited unless a person works for an organisation registered with, or exempted by, the OISC or is authorised to practise (like solicitors and barristers) by a designated professional body. Certain categories (for example public health bodies) are exempted from the regulatory scheme by Ministerial Order. It is a criminal offence to provide advice or services in contravention of the regulatory scheme. Further information about the regulatory scheme and a full list of OISC regulated advisers is available on its website at www.oisc.gov.uk. 3 4 Requirements This section sets out the requirements you must meet in order to apply to register as a British national and what type of British nationality you will acquire if successful. Born in the UK or an overseas territory on or after 1 January 1983 Paragraph 3 of schedule 2 to the British Nationality Act 1981 sets out the requirements under which a person born in the UK or a British overseas territory on or after 1 January 1983 and who is otherwise stateless can register as a British citizen or a British Overseas Territories citizen. To be registered you: • must have been born in the UK or a British overseas territory • must have been born on or after 1 January 1983 • must have been stateless when you born • must always have been stateless • must have been in the UK or a British overseas territory at the beginning of a period of 5 years ending with the date of application (you must have been in the UK or a British overseas period on the date 5 years before your application is received) • should not have been absent from the UK or British overseas territory for more than 450 days in that 5-year period. • must be under the age of 22 years old on the date of application If you were outside the UK or a British overseas territory for more than 450 days in the 5- year period, you may still be able to be registered. You should explain the reason for the excess absences and any special circumstances. A child who is born in a British overseas territory may already be a British Overseas Territories citizen if, when the child was born one or more of their parents was a British Overseas Territories citizen, or settled in a British Overseas Territory. A child who is born in the UK or, since 21 May 2002, a qualifying territory (British Overseas Territories except the Sovereign Base Areas of Akoriti and Dhekelia) may already be a British citizen or a British Overseas Territories citizen (or both) depending on residence and their parent’s citizenship. 5 A child who does not meet the requirements listed above may still have a right to be registered as a British citizen or British Overseas Territories citizen depending on residence and their parent’s citizenship. The Home Secretary or Governor may also be prepared to exercise discretion to register a child, if there are special circumstances such as where the parents are applying for registration themselves. Type of citizenship acquired under paragraph 3 of Schedule 2 If you meet the requirements and you are registered by the Home Secretary or the Governor, you will become a: • British citizen – if you have spent more time in the United Kingdom than in the British Overseas Territories during the 5-year qualifying period • British Overseas Territories citizen- if you have spent more time in the British Overseas Territories than in the UK during the 5-year qualifying period. If you are applying under this provision, please go the next relevant section on Biometrics. Born outside the UK and overseas territories on or after 1 January 1983. Paragraph 4 of schedule 2 to the British Nationality Act 1981 sets out the requirements under which a person born outside of the UK and the British Overseas Territories on or after 1 January 1983 and who is otherwise stateless can register as a British citizen, a British Overseas Territories citizen, British overseas citizen or British subject status. To be registered: • you must have been born on or after 1 January 1983 • you must have been born outside the UK and British Overseas Territories • you must have been born stateless • you must have always been stateless • you must have been in the UK or a British Overseas Territory at the beginning of the period of 3 years ending with the date of your application (you must have been in the UK or a British overseas period on the date 3 years before your application is received) 6 • you should have not been absent from the UK or British overseas territory for more than 270 days in that 3-year period. • When you were born, your mother or father was a: o British citizen o British Overseas Territories citizen o British overseas citizen o British subject If you were outside the UK or a British overseas territory for more than 270 days in the 3- year period, you may still be able to be registered. You should explain the reason for the excess absences and any special circumstances. A child who does not meet the requirements listed above may still have a right to be registered as a British citizen or a British Overseas Territories citizen, depending on residence and their parent’s citizenship. The Home Secretary may also be prepared to exercise discretion to register a child, if there are special circumstances, such as, if their parents are applying for registration themselves. You can also apply if you would have qualified for registration under this paragraph but for the fact that your parents were not married. Your application will be considered under section 4F of the 1981 Act. Type of citizenship acquired under paragraph 4 of Schedule 2 If you meet the requirements, you will acquire the citizenship or status your parent held. If your parents had, between them, more than one citizenship, you may acquire one or more of the citizenships. You must indicate in your application what citizenship or citizenships you wish to apply for. If applying under this provision, please go the next relevant section on Biometrics. Born before 1 January 1983 Paragraph 5 of schedule 2 to the British Nationality Act 1981 sets out the requirements under which a person born before 1 January 1983, who is otherwise stateless can register as a British citizen, a British Overseas Territories citizen or a British Overseas citizen. 7 To apply you must have been born before 1 January 1983, be stateless and always have been stateless and fall within one of the groups set out in our caseworker guidance. Type of citizenship acquired under paragraph 5 of Schedule 2 The British Nationality Act 1981 replaced citizenship of the UK and Colonies with 3 separate citizenships: • British citizenship, for people closely connected with the UK, including the Channel Islands and the Isle of Man • British Overseas Territories citizenship, for people connected with the overseas territories (the British Overseas Territories were called the British dependant territories before 26 February 2002) • British Overseas citizenship, for those citizens of the UK and Colonies who do not have these connections with either the UK or the dependent territories. If you meet the requirements you will be registered as a British citizen, except where: • you qualify on the ground that your mother was a citizen of the UK and Colonies at the time of your birth. You will receive the same citizenship your mother acquired on 1 January 1983 or would have acquire but for her death • you were born in a British overseas territory. You will be registered as a British Overseas Territory citizen. 8 Biometric enrolment As part of your application, all applicants are required to enrol their biometric details for the purpose of identity verification.