Stateless Person

If you are stateless and unable to prove citizenship with any country, you may be eligible to apply for leave to remain in the UK as a stateless person. Statelessness refers to individuals who are not considered nationals of any state under the laws of that country, and the UK provides a pathway for such individuals to stay if they meet certain criteria.

Eligibility for Stateless Person Status in the UK

To apply to stay in the UK as a stateless person, you must meet the following criteria:

1.You must be in the UK: You must be physically present in the UK when you apply.

2.You must be unable to return to any other country due to your statelessness. This means that you cannot be recognised as a citizen of any country, leaving you without a nationality or nationality documentation.

What Does Being a Stateless Person Mean?

A stateless person is someone who, under the operation of the law of any country, is not considered a national or citizen. This can occur for various reasons, including:

•Discrimination: Minority groups may be excluded from nationality laws or not recognised as citizens, leading to statelessness.

•State Succession: When a state becomes independent or changes its borders, not all residents are included in the new nationality body.

•Conflicting Nationality Laws: Different states may have laws that conflict, leaving individuals in a state of statelessness.

•Loss of Citizenship: In some countries, citizenship may be lost automatically if an individual resides outside their country of origin for an extended period.

•Lack of Proof: Some people may be stateless due to a lack of birth records or other forms of legal identification, which increases the risk of not being recognised as a citizen.

What Happens if You Have Already Claimed Asylum or Have an Outstanding Human Rights Claim?

If you have already made an asylum claim or have an outstanding human rights claim, you must wait for a decision on those claims before applying to stay in the UK as a stateless person. If your asylum claim is refused, you can then apply to remain in the UK as a stateless person.

It’s important to note that applications for leave to remain on the grounds of statelessness cannot be processed until your asylum claim has been fully decided, including the consideration of any further submissions. Similarly, if your application for statelessness involves further evidence relating to protection needs, such as human rights, it will not be accepted until your asylum claim is concluded.

Why Statelessness Occurs

Statelessness can occur for a number of reasons, including:

1.Discriminatory nationality laws: Certain minority groups may be excluded from national citizenship due to discrimination, resulting in statelessness.

2.Failure to include citizens after state succession: When a country becomes independent or undergoes significant political changes, it may fail to include all its residents in the new citizenship framework, resulting in statelessness for some.

3.Conflicting nationality laws: Individuals who fall between two countries with conflicting nationality laws may find themselves without citizenship from either nation.

4.Loss of citizenship due to prolonged residence elsewhere: In some countries, citizenship may be automatically revoked after a prolonged stay abroad, especially if the person does not maintain ties to their country of origin.

5.Lack of proof of identity: In countries where birth registration or national documentation is not common or easily accessible, individuals may have difficulty proving their citizenship, making them stateless.

Application Process for Stateless Persons

To apply for leave to remain as a stateless person in the UK, the following steps are typically involved:

1.Submit Your Application: Your application must include detailed information about your stateless status and why you cannot be considered a national of any country. You will need to provide evidence supporting your claim.

2.Supporting Documents: You may need to submit documents that explain why you are stateless, including any evidence of the discrimination or legal obstacles preventing you from obtaining nationality. These documents can include:

•Affidavits or witness statements attesting to your statelessness.

•Country of origin information explaining how you were not recognised as a national.

•Legal documentation, or lack thereof, that shows you cannot establish your citizenship in any country.

3.Further Evidence or Submissions: If your application involves protection needs, you must ensure that these are not considered as part of the statelessness application but rather are processed separately under asylum or human rights grounds.

What If You Are Already in the UK as a Stateless Person?

If you are already in the UK and can demonstrate that you are stateless, the Home Office will assess whether you meet the criteria for leave to remain. If granted, you will be allowed to stay in the UK, but the duration and specific terms of the leave will depend on your circumstances. After a certain period, you may be eligible to apply for Indefinite Leave to Remain (ILR), depending on your continuous residence and the length of time you have been stateless in the UK.

Why Seek Legal Help for a Statelessness Claim?

Navigating the application process for statelessness status in the UK can be challenging, as it requires a thorough understanding of both legal principles and practical considerations. Given the complexities surrounding statelessness and asylum claims, it is crucial to seek expert legal advice to guide you through the process.

Our expert immigration lawyers are here to help you:

•Assess your eligibility to apply for leave to remain as a stateless person.

•Prepare your application and ensure all required evidence is submitted.

•Advocate on your behalf with the Home Office and assist in managing any challenges or delays in your case.

Contact Us for Assistance

If you believe you may be stateless and want to apply for leave to remain in the UK, contact us today for a comprehensive case assessment. Our legal experts can provide you with tailored advice, assess your individual situation, and ensure that your application is presented in the best possible way. Let us help you navigate this complex legal process and secure the protection you need in the UK.