This week, we’re pleased to share a unique success story from our firm that highlights the importance of tailored legal advocacy for vulnerable clients. Recently, our team worked with a client who qualified for British citizenship under grounds for historical legislative unfairness, but due to his intellectual disability, he lacked the legal capacity to make an application to register as a British citizen. To make an application for British citizenship, an applicant must be of full age and capacity, which is a strict requirement for a British citizenship application.
Collaborating with counsel, we explored options to overcome this barrier. While counsel initially questioned the viability of waiving the capacity requirement and the prospects of success, they ultimately encouraged us to pursue the application. In our submission, we formally requested that the Secretary of State waive the capacity requirement, citing Section 44A of the British Nationality Act 1981. This provision allows exceptions where the applicant’s best interests are at stake—a crucial element in our client’s case.
We’re thrilled to announce that this application was approved, establishing a successful precedent for clients in similar situations. This outcome not only brings peace of mind to our client and their family but also reinforces our commitment to advocating for every clients unique needs.
If you or a loved one are facing challenges with UK immigration and nationality applications, especially under unique circumstances, our team is here to help. Contact us to learn more about how we can assist in complex cases.
