Need an advice regarding a british citizenship for my child who born stateless?
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).
Answer:
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.
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.
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.
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
The immigration information post by website user , MyTend.com not guarantee correctness