on May 18, 2022
We were instructed by the parents of our client, a child with no nationality born to Indian parents. The parents had been residing in the United Kingdom for approximately eight years and were parents to their son, a child of six years.
They had not previously applied for any type of visa and their own Indian passports had expired. They had not yet registered their child as an Indian citizen and were hoping to get their child to the age of seven so that they could apply as a family unit under the “seven-year rule”.
They had recently heard of a rule where a child can apply for British citizenship if they were not registered as Indian nationals.
We first needed to address whether the parents had registered their son with the Indian authorities in the UK as an Indian national. The parents confirmed they had not; however, they had previously visited the Indian High Commission regarding their own personal matters. We quickly identified that their son had not been registered with the Indian authorities, which came as a relief to the parents.
As their son would be considered as stateless, we advised the parents on the types of documents that would be needed for this type of application. The documents needed to demonstrate that their son had been a resident of the UK for a minimum period of five years, as well as confirm that their son had not been registered with the Indian High Commission.
The client was having difficulties in obtaining the correct documentation from the Indian authorities and requested for us to step in and take over. We completed the relevant online process and arranged for them to collect the document needed for the application. After a review of the documents, we felt we had a strong application, and the application was prepared and submitted.
After a wait of approximately five months, the Home Office approved our client’s application for British citizenship. Our client’s parents were overjoyed and we are now preparing their application for leave to remain in the UK on the basis of their relationship with their son, who is now a British citizen.