countries of origin, including at consulates in the UK, which makes people very reluctant
to approach them to resolve documentation issues or register the births of children. Cases
were reported of Romani people attempting to obtain documentation from their
countries of origin/nationality but finding the associated procedures complicated,
lengthy, and sometimes impossible to navigate.
42. There is also a lack of targeted and accessible information reaching the Romani
community in the UK to explain relevant laws, policies, and procedures.
Risk of statelessness in the Brexit context
43. The risk of childhood statelessness in the UK could be increased or exacerbated by Brexit,
including for children of Romani families.63 Children born in the UK to parents from any
EU country whose nationality cannot be verified or documented may face difficulties
post-Brexit. Coram Children’s Legal Centre highlighted a case, which shows how some
children with an EU-citizen and a British parent may be unable to document their
nationality of either country, including in situations of domestic abuse when acquisition
of nationality requires an action from both parents.64 Roma Support Group reports that
many parents they work with did not know that they needed to apply to the EU Settled
Status scheme [or for British citizenship] to ensure that their children did not fall into an
irregular status after Brexit. Some Romani children have applied for British citizenship
since Brexit but been refused for a lack of identity documents.
The impact of possible amendments under the Nationality and Borders Bill
44. The Nationality & Borders Bill (NBB),65 currently under review in the UK Parliament, has
attracted criticism from human rights groups, including those advocating to end
statelessness. Although there are some positive aspects of the NBB in relation to other
groups, two clauses in particular have the potential to worsen statelessness in the UK as
well as unnecessarily leaving more children in limbo, exposed to the detrimental impacts
of growing up without a nationality.
45. The proposed Clause 10 of the NBB inserts a new Paragraph 3A into Schedule 2 of the
British Nationality Act 1981 for stateless children aged 5-17, requiring that the Secretary
of State be ‘satisfied’ that the child is unable to acquire another nationality before they
may be permitted to register as a British citizen. The current legislation refers to children
who ‘would be born stateless’.66 Clause 10 would unnecessarily restrict the vital safeguard
intended to protect the rights and best interests of children born stateless in the UK and
is clearly not intended to prevent or reduce childhood statelessness as it does not address
any of these identified issues.67 In fact, it has the potential to prolong and even increase
instances of childhood statelessness, contravening Article 3 of the UN Convention on the
Rights of the Child and the 1961 Convention.
63
ibid
Lagrue et al (2020), Children left out? Securing children’s rights to stay in the UK beyond Brexit, Coram Children’s Legal Centre,
p.7: https://www.childrenslegalcentre.com/wp-content/uploads/2020/06/CCLC-Children-left-out_July-2020_final.pdf
65
Nationality and Borders Bill (as amended in Public Bill Committee), Government Bill originated in the House of Commons,
Session 2021-22: https://publications.parliament.uk/pa/bills/cbill/58-02/0187/210187v1.pdf
66 British Nationality Act 1981, paragraph 1, Schedule 2.
67 UNHCR (2022), ‘UNHCR Updated Observations on the Nationality and Borders Bill, as amended – updated January 2022’,
para. 74: https://www.unhcr.org/61e7f9b44
64
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