Tag Archives: R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 1365 (Admin)

Is the door wide open for UK born “Zimbabwean” children aged at least 5years to obtain registration as British citizens relying on MK?

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There is a considerable number of undocumented Zimbabwean nationals who were born in Zimbabwe, and following arrival in the UK, now have children of their own born here, aged under 18years.   Some of these children may not yet have accrued the necessary continuous residence in the UK required to enable them to place reliance upon the 7year Rule as a basis of application for leave to remain.   In such circumstances, fulfilment of the 10years continuous residence in the UK required to enable an application for registration as a British citizen would accordingly be inapplicable.

 

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Wide-reaching judicial innovation: Stateless UK born child able to acquire Indian nationality found entitled to British citizenship

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By an innovative and skilful interweaving of statutory provisions, caselaw and guidance, Mr C M G Ockelton  sitting as Deputy High Court Judge,  reached a startling conclusion. He concluded that a child born in the UK in 2010, who  could have been registered as an Indian national at  any time  since  birth,  was entitled to registration as a British citizen, having regard to the requirements of paragraph 3 of Schedule 2 to the British Nationality Act 1981.

 

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