Project for the Registration of Children as British Citizens (PRCBC)

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Children's British Citizenship Rights – Good Character

Workshop 21 November 2020, 2-4pm (via Zoom)

Casestudies Case study 1

James is 17 years and 6 months old. He was brought to the UK by his mother when he was less than one year of age. It is thought that his father might be British but his whereabouts and identity are unknown. James’s mother sought asylum, which was refused. However, little is known about her current circumstances as she is no longer in contact with James, who was taken into care when he was only 6 years old.

James was given a caution last year when, in an outburst of anger, he smashed a mirror at his foster home. Three years ago, he was given a 12 months’ referral order for assault at school.

1. Is James a British citizen?

2. Can James be registered as a British citizen? If so, under what provision(s) of the British Nationality Act 1981?

3. What further information do you need to assess the first two questions and why do you need it?

4. What further sources of evidence should you investigate to assess the first two questions and why should you consider them?

Project for the Registration of Children as British Citizens (PRCBC)

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Case study 2

Sheila was born in the UK. She is now nearly 21. Her parents were each violent towards each other and to her; and when Sheila was 7 she was taken into care. She has grown up in various foster homes and has no contact with her parents.

From the age of 13, Sheila has been given a number of cautions, fines and referral orders for a range of offences – most of which are for shoplifting. When she was 17, her social worker helped her make an application to register as a British citizen, which was refused. The reasons given were that she was not of good character by reason of her offending and, it was said, not disclosing all of her offences on the application form.

1. Is Sheila a British citizen?

2. Can Sheila be registered as a British citizen? If so, under what provision(s) of the British Nationality Act 1981?

3. What further information do you need to assess the first two questions and why do you need it?

4. What further sources of evidence should you investigate to assess the first two questions and why should you consider them?

Project for the Registration of Children as British Citizens (PRCBC)

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Case study 3

Charles was born in the UK. He is 21 years old. He and his mother were granted ILR when Charles was 10. His father had ILR at the time of his birth in the UK. His parents were never married. Charles was convicted of manslaughter when he was 12 and is now facing deportation to his mother’s country of birth.

1. Is Charles a British citizen?

2. Can Charles be registered as a British citizen? If so, under what provision(s) of the British Nationality Act 1981?

3. What further information do you need to assess the first two questions and why do you need it?

4. What further sources of evidence should you investigate to assess the first two questions and why should you consider them?

Project for the Registration of Children as British Citizens (PRCBC)

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Case Study 4

Mel was born in the UK and she is now 17 years of age. Her parents – her father is Portuguese and her mother from Angola – came to the UK the year before Mel was born. They have worked here ever since.

Mel is severely autistic and finds social interaction, particularly with strangers, very difficult. She has received cautions and a referral order for incidents where she has hit teachers and other children at school. The referral order was for 12 months and was completed six months ago.

1. Is Mel a British citizen?

2. Can Mel be registered as a British citizen? If so, under what provision(s) of the British Nationality Act 1981?

3. What further information do you need to assess the first two questions and why do you need it?

4. What further sources of evidence should you investigate to assess the first two questions and why should you consider them?

Project for the Registration of Children as British Citizens (PRCBC)

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Case study 5

Johnny was born before 1983. He was born abroad to his British-born mother and non-British father, who were at that time married. He arrived in the UK when he was a few months old. He has been in the prison system since he was 14. He is now nearing his 40th birthday and facing deportation to his father’s country of birth.

James is Johnny’s son. James was born in the UK in 2005. Whereas Johnny still has contact with his James, James’ mother is no longer in contact with either. James has been in care since he was four. He has a number of cautions for cannabis possession and a conviction for possession class A drugs for which he has an outstanding 12 months referral order.

1. Are either Johnny or James a British citizen?

2. Can either Johnny or James be registered as a British citizen? If so, under what provision(s) of the British Nationality Act 1981?

3. What further information do you need to assess the first two questions and why do you need it?

4. What further sources of evidence should you investigate to assess the first two questions and why should you consider them?

Project for the Registration of Children as British Citizens (PRCBC)

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Case study 6

Danny was born in the UK to parents who were then seeking asylum in the UK. He is now nearly 16 years old. His father has since been removed to Danny’s parents’ country of origin. Danny and his mother remain in the UK; and his mother has an outstanding asylum claim.

Last month, Danny was convicted of stabbing another boy. He is now serving a custodial sentence in a Young Offenders’ Institute.

1. Is Danny a British citizen?

2. Can Danny be registered as a British citizen? If so, under what provision(s) of the British Nationality Act 1981?

3. What further information do you need to assess the first two questions and why do you need it?

4. What further sources of evidence should you investigate to assess the first two questions and why should you consider them?