need an advice regarding a british citizenship for my child who born stateless?

Question

i'm a malaysian citizen and not holding any status in uk. my son was born in london 4 years ago. his father was born in malaysia but holding a british passport(british citizen),we're not married and seperate 2 years ago(no contact at all ever since).

my son have a british birth certificate, but not a british or malaysia citizen by birth(stateless).As a single mum,it is hard to obtain a birth certificate, passport from malaysia embassy in UK, i'd make a application 3 years ago, but nothing came out yet.

In malaysia immigration law, child born out of wedlock, outside of Malaysia, and to a Malaysian mother is not consider as a malaysia citizen.

if malaysia embassy decline the application, my son will become stateless, but on the other hand he will then entitled to apply for a british citizenship base on his status(5 years old and stateless).

actually i'm not sure about my status right now. years ago when i still with my son's father, he took all my personal documen and give it to his solicitor. he said, because we live together for more than 2 years and have a child,so by law he can be my sponsor for applying "something"(i dont know what is that)(i holding a student visa during that time).

when things goes wrong, we seperate and he just gone, never contact us again.

4 months ago,legal advisor help me to send a request letter to the home office for my status and all the information they holding about me, but until now still no respond.

Answer 1

A stateless person is one who is not regarded as a national by any state under the operation of its law.

As a result of the United Kingdom's obligations under the United Nations Convention on Statelessness 1961, the British Nationality Act 1981 contains a number of provisions relating to stateless persons.

The principal statelessness provisions are contained in Schedule 2 to the Act. In the barest outline, an application under s.3(2) of the 1981 Act to register a minor as a British Citizen normally requires a period of lawful residence by the minor’s parent in the United Kingdom. However, if the minor was "born stateless" the residential requirement is waived. Your child can thus be registered as a British citizen. Contact the Immigration and Nationality Directorate.

Having said that, the British Nationality Act 1948 defines who is a citizen of the United Kingdom and Colonies, and lists the other parts of the Commonwealth whose citizens were British subjects or Commonwealth citizens in United Kingdom law. Malaysia is one of those colonies. Check if you have Briotish citizenship by descent or if you can acquire citizenship by registration. Again, contact the IND.

Answer 2

So let's get this straight. You are an unlawfully present foreign national and you are not married to the British father of your illegitimate child? If you bothered to read previous posts on the subject of child citizenship then you would have gleaned that your child has no automatic right to UK citizenship - not until it reaches the age of 10 anyhow. I would opine that the UK IS would view your child to be Malaysian. If the father was born in Malaysia is he not entitled to Malaysian citizenship? It looks like you need to speak to the embassy and/or register the birth in Malaysia. If you wish to gain citizenship for your child - Malaysian citizenship that is - contact your local UK Immigration Enforcement Office and ask that you and your child be repatriated. They will look to deal with documentation issues with the Malaysian authorities.

Answer 3

Just wait the 5 years and apply for British Passport if your own country is not going to oblige.

Meantime approach the Malaysian Embassy again and ask them precisely what can be done for you and or your son.

If you have UK citizenship I wouldn't have thought it would be difficult for your son to be accepted as a British Citizen especially as you have a birth certificate to prove he was born to you in the UK.

Answer 4

British perhaps American. American if those situations are met: a million. between the guy's father and mom became a U.S. citizen even as the guy in question became born 2. The citizen parent lived a minimum of 5 years contained in america before the youngster's beginning 3. a minimum of two of those 5 years contained in america were after the citizen parent's 14th birthday. Canadian no longer New Zelander, New Zealand voters by technique of descent can't typically pass on New Zealand citizenship to a baby born outside New Zealand, until eventually: * the youngster could in the different case don't have the different nationality; or * the youngster is added to stay in New Zealand and therefore granted New Zealand citizenship Your baby could practice to be New Zealander. perhaps Australian, someone born outside Australia on or after 26 January 1949 may be registered as an Australian citizen by technique of descent presented * that they had an Australian citizen parent on the time of beginning; and * if the Australian parent is likewise an Australian citizen by technique of descent, that parent had lived legally in Australia for a finished of two years, or the guy has no different nationality; Irish

Answer 5

you are a Malaysian citizen and you are not holding any status in the UK. Illegal then! you are in a very difficult time go to the citizen advice bureau NOW! they will give you good advice best of luck

Answer 6

I entre in uk legally in student visa and stayed 5 years in uk with my husband and three chidren in that all of them have passport only my little son having no nality, no passport ,but he born in uk , can he apply for stateless , and can we live with him it will helpul if somebody help us