Caroline Sawyer, Helena Wray
are ten years old, children born in the UK before July 2006 whose mother is foreign
and whose unmarried father is British (after that date citizenship is automatic),33 and
children born stateless in the UK. Registration may also be a route to citizenship for a
child born outside the UK to a British citizen by descent, who normally cannot pass
citizenship outside the UK for a further generation. While these rights appear quite
extensive on paper, they can be difficult to exercise. The cost of an application for
registration (currently £669) can be difficult or impossible to raise and those caring
for non-British children may not realise the importance of ensuring registration occurs
while the child is still a minor. This includes social services who may have parental
responsibility for the child. The good character requirement has been used to refuse
registration to those with very minor criminal records such as a caution; it should be
remembered that the individuals concerned are amongst the most vulnerable in our
society yet even peripheral involvement in crime as a young person can have
devastating consequences for their future. The subsequent exclusion from
opportunities for higher study, work and a settled life causes huge emotional distress
to the youngsters involved (Ealing Law Centre 2014).
A child can also become British by adoption if at least one adoptive parent is a
British citizen at the date of adoption, and the adoption order is made by a relevant
court,34 or after May 2003 if the order is made under the 1993 Hague Convention on
Intercountry Adoption and the adopters are habitually resident in the UK at the date of
adoption. If the adoption is not within these categories (for example, where the
parents are resident overseas), an application for registration can still be made before
the child is 18, and, if the child would have been British if it were the adopters’
biological child, that is likely to succeed. An adopted person does not cease to be
British for reason of the annulment of an adoption order, and nor does a British person
adopted abroad cease to be British for that reason, even if it leads to their gaining
another nationality.
For many years there was a route to settlement (and in due course
naturalisation) after ten years residence for regular migrants and fourteen years for
irregular migrants, subject to conditions. The period before settlement has now been
extended to thirty years for irregular migrants.35 Unlawful residence includes any time
before removal directions are made, so this is a possible route for someone who
disappeared into the social fabric when the approach to physical immigration was
laissez-faire, but who is now discovered to be present without formal status and
therefore in difficulties as to paperwork although the extended qualification period
means that fewer people will now qualify. By definition it is not known how many
such people live in the UK,36 but many are long-established residents with houses,
jobs and families.
33
SI 1498/2006, bringing into force sect. 9 Nationality, Immigration and Asylum Act 2002.
34
One in the UK, Channel Islands, Isle of Man or Falkland Islands after 1982, or after 21st May 2002
in another British Overseas Territory.
35
Paras 276 ADE-DE HC395.
36
In May 2006 Dave Roberts, the Home Office Director in the Enforcement and Removals Directorate
within the then Immigration and Nationality Department of the Home Office, was widely reported as
telling the House of Commons Select Committee on Home Affairs that he had ‘not the faintest idea’
how many people were in the UK ‘illegally’ (a term deprecated by lawyers and others in the context of
immigration) (Response to Q 815, Minutes of Evidence, Tuesday 16 May 2006; Fifth Report printed 13
July 2006). The figure was however generally estimated, including by Mr. Roberts, at about 400500,000, or up to 1% of the population, with adjustments for those from the new accession states. This
approximate figure seems to have been confirmed by independent researchers (Gordon et al 2009).
14
RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents