31. The standard naturalisation fees are prohibitively high (1330 GBP / 1535 EUR) and there
are no exemptions for stateless persons. A 'good character' requirement is imposed,
creating a further barrier, especially for those with criminal convictions or 'reasonable
grounds to suspect they have been involved in a crime'.44 There is no minimum income
requirement, but there are citizenship and language tests, which can be waived in certain
exceptional circumstances, but not on grounds of statelessness.
Conclusion
32. The information and evidence in this section shows how in spite of instituting a
residence permit procedure for stateless persons, the UK has failed to take steps
towards implementing the recommendations it received in the Third UPR Cycle in 2017,
in particular, the recommendations aimed at categorising statelessness as a protection
status, providing stateless persons expedited and affordable access to
British nationality,45 eliminating all forms of discrimination against migrants, and
avoiding subjecting stateless persons to prolonged and/or repeated unlawful
detention.46
ISSUE 2 – Children’s right to a nationality
The right to a nationality of children born stateless in the UK
33. Whilst most children will automatically acquire a nationality from one or both of their
parents by descent, some may not be able to inherit their parents’ nationality nor acquire
a nationality through their place of birth, leaving them stateless or at risk of statelessness.
Children particularly at risk include:
• children born en route to Europe and undocumented children;
• children from countries with large stateless populations (such as Syria,47 Iraq,48
Iran,49 Myanmar50 and Kuwait51);
• children who cannot inherit their parents’ nationality (e.g. due to gender
discriminatory nationality laws);
• children from families with complex histories of displacement;
• unaccompanied or separated children;
• other children, such as children of same-sex couples, children born as a result of
surrogacy arrangements, children in care, and abandoned children (foundlings).
44
British Nationality Act 1981, Schedule 1(1)(b): http://www.legislation.gov.uk/ukpga/1981/61/contents; UK Home Office, UK
Visas and Immigration, Good character: nationality policy guidance, v2, 30 September 2020:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/923656/goodcharacterguidance-v2.0-gov-uk.pdf
45 Human Rights Council 36th Session, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review
- United Kingdom of Great Britain and Northern Ireland A/HRC/36/9 14 July 2017, para 134.225: https://documents-ddsny.un.org/doc/UNDOC/GEN/G17/192/15/PDF/G1719215.pdf?OpenElement
46 ibid, para 134.82.
47 For more information on populations affected by statelessness in Syria, see ENS & ISI (2019), Statelessness in Syria Country
Position Paper: https://statelessjourneys.org/wp-content/uploads/StatelessJourneys-Syria-August-2019.pdf
48 For more information on populations affected by statelessness in Iraq, see ENS & ISI (2019), Statelessness in Iraq Country
Position Paper: https://statelessjourneys.org/wp-content/uploads/StatelessJourneys-Iraq-final.pdf
49 For more information on populations affected by statelessness in Iran, see ENS & ISI (2019), Statelessness in Iran Country
Position Paper: https://statelessjourneys.org/resources/statelessness-in-iran/
50 For more information on populations affected by statelessness in Myanmar, see ENS & ISI (2019), Statelessness in Myanmar
Country Position Paper: https://statelessjourneys.org/resources/statelessness-in-myanmar/
51 For more information on populations affected by statelessness in Kuwait, see ENS & ISI (2019), Statelessness in Kuwait
Country Position Paper: https://statelessjourneys.org/resources/statelessness-in-kuwait/; Salam for Democracy and Human
Rights & Kuwaiti Community Association (2020), The Bidoon in Kuwait, History at a Glance: https://salam-dhr.org/report-thebidoon-in-kuwait-history-at-a-glance/
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