Home Office
A partner or child of a stateless person can apply to stay in the UK under Part 14: Stateless Person on or after the 31 January 2024 if they have or last had permission as a partner or child under Part 14: Stateless Person. A child born in the UK to a parent who has either permission to enter or stay as a stateless person or is the partner of a stateless person can also apply for permission to stay under Part 14. For those eligible to apply under Part 14 as a partner or child of a stateless person, the Part 14 rules in place on the 30 January 2024 will apply. In any other case, a partner or child of a stateless person (who is not themselves stateless and therefore applying in their own right) can apply to join or remain with a Stateless person in the UK under Appendix FM.
The Stateless route is a route to settlement.
S 1.1. A person applying for permission to stay as a Stateless person must apply online on the gov.uk website on the specified form Further Leave to Remain Stateless person.
- An application for permission to stay as a Stateless person must meet all the following validity requirements:
- (a) the applicant must have provided any required biometrics; and
- (b) the applicant must have satisfactorily established their identity;
- and
- (c) the applicant must be in the UK on the date of application.
S 1.3. An application which does not meet all the validity requirements for a Stateless person may be rejected as invalid and not considered.
S 2.1. The applicant must not fall for refusal under Part 9: Grounds for refusal.
- S 2.2. The applicant must not be excluded from protection under the 1954 Convention relating to the Status of Stateless Persons (1954 Statelessness Convention) on the basis that they are:
- (a) at present receiving protection or assistance from organs or agencies of the United Nations, other than the United Nations High Commissioner for Refugees; or
- (b) recognised by the competent authorities of a country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.
- S 2.3. The applicant must not be excluded from protection under the 1954 Statelessness Convention on the basis that there are serious reasons for considering that they have:
- (a) committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes; or
- (b) committed a serious non-political crime outside the UK prior to their arrival in the UK; or
- (c) been guilty of acts contrary to the purposes and principles of the United Nations.
S 3.1. The applicant must be a person who is not considered as a national by any state under the operation of its law, as set out in Article 1(1) of the 1954 Statelessness Convention.
- S 3.2. The applicant must have taken all reasonable steps, but nonetheless failed to:
- (a) acquire, or re-acquire, nationality with the competent authorities of any relevant countries; and
- (b) establish a right to admission as a permanent resident, or a status leading to permanent residence, in any relevant countries.
S 3.3. If the applicant is a child born in the UK, their parent or legal guardian must have taken all reasonable steps to register the childs birth with the competent authorities and have been unsuccessful.
S 3.4. The applicant must have obtained and submitted all reasonably available evidence to show they meet the requirements in S 3.1. and S 3.2 and, if the applicant is a child, S 3.3.
Decision on application by a Stateless person
S 4.1. If the decision maker is satisfied that all the suitability and relevant eligibility requirements are met for a Stateless person the application will be granted, otherwise the application will be refused.
S 4.2. If the application is refused, the person can apply for an Administrative Review under Appendix AR: Administrative Review.
Period of grant and conditions of permission for a Stateless person
S 5.1. The applicant will be granted permission to stay for 5 years.
- S 5.2. The grant will be subject to the following conditions:
- (a) work (including self-employment and voluntary work) permitted; and
- (b) study is permitted, subject to the ATAS condition in Appendix ATAS; and
- (c) access to public funds.
Validity requirements for settlement as a Stateless person
S 6.1. A person applying for sett
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