Foundling / Stateless-Child Safeguard

Foundling limb: a new-born infant found abandoned in the UK on/after 1.1.1983 is presumed BC automatically (s.1(2)+s.1(1)) — no application, no age window, no residence requirement; the burden to rebut lies on the State. Stateless-child registration limb: a person born in the UK after commencement who is and always has been stateless may REGISTER — under para 3 if aged 18-22 at application, or under the new para 3A if a minor aged 5-17; both require UK/British-overseas-territory presence at the start of the preceding 5-year period with no more than 450 days' absence, and para 3A additionally requires the applicant be 'unable to acquire another nationality'.

Para 3 (ages 18-22): (a) is and always has been stateless; (b) on the application date had attained 18 but was under 22; (c) was in the UK/a BOT at the start of the 5-year period ending with that date, with ≤450 days' total absence from both the UK and the BOTs (para 6 discretionary waiver applies). Para 3A (minors 5-17): (a) is and always has been stateless; (b) was a minor on the application date; (c) the same 5-year/≤450-day presence test; PLUS (d) the SoS is satisfied the person is 'unable to acquire another nationality' per para 3A(2)-(3). Registration is as BC if UK-days exceed BOT-days in the relevant period, otherwise as BOTC (paras 3(2), 3A(4)).

The foundling presumption (s.1(2)) involves no registration application and therefore no nationality registration fee — status is automatic and is evidenced via a passport application (HM Passport Office passport fees apply, not a nationality fee). Schedule 2 para 3 / para 3A statelessness registration is a registration application: as of 2026-06-01 the standard child registration fee is £1,000 (decreased from the earlier figure) where the applicant is a minor (para 3A and minors within para 3's window), or the adult registration fee £1,540 where the applicant is 18 or over (para 3 applicants aged 18-22). A citizenship ceremony fee (£130) applies to adult registrations. Fees are set by Home Office immigration and nationality fees regulations and are uprated periodically.

Two distinct safeguards sit in this route. (1) The foundling presumption: BNA 1981 (c.61) s.1(2) deems a 'new-born infant... found abandoned in the United Kingdom' (after commencement, 1.1.1983) to have been born in the UK to a parent who was a British citizen or settled, 'unless the contrary is shown', so the child acquires BC automatically under s.1(1). (2) The born-in-UK stateless-child registration route: BNA 1981 Schedule 2 para 3 (ages 18-22) and the NEW para 3A (minors aged 5-17), both as amended by Nationality and Borders Act 2022 (c.36) s.11. NOT s.50A (no such operative provision governs this route).