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Stateless

The United Kingdom in order to meet its obligation under the United Nations Convention on the Reduction of Statelessness makes provisions for the acquisition of citizenship for persons who are stateless. However, this provision only applies for a small category of individuals. The rest of stateless people benefit from the Home Office asylum policy instructions on statelessness which provides that the Home Office ensures the UK’s compliance with the international obligations under the UN Stateless Convention, and provides a means for consideration of those who are stateless and have no other rights to remain in the UK, and cannot be removed.

Stateless Applications

The UK Immigration Rules were amended in April 2013 to include provisions for stateless persons to apply for leave to remain in UK. In order to apply, they must meet the definition of a “stateless person”, they must not fall to be excluded, and they must fulfil the requirements.

For the purpose of this Convention, the term “stateless person” means a person who is not considered as a national by any State under the operation of its law and in order to make a successful application, the Applicant must prove a reasonable degree of likelihood that he or she is not a national of any state whose nationality he might be thought to have acquired.

The requirements for leave to remain in the United Kingdom as a stateless person are that the applicant:

  1. Has made a valid application to the Secretary of State for limited leave to remain as a stateless person;
  2. Is recognised as a stateless person by the Secretary of State in accordance with paragraph 401;
  3. Is not admissible to their country of former habitual residence or any other country; and
  4. Has obtained and submitted all reasonably available evidence to enable the Secretary of State to determine whether they are stateless.

How can we help you

Stateless people have difficulty accessing basic rights and we are committed to assisting clients who wish to make applications on the basis of their statelessness. Statelessness can occur for several reasons including discrimination against particular ethnic or religious groups or the emergence of a new state, and whatever the cause, statelessness has serious consequences and we hope to be able to help you.

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Parker Law Firm is a niche firm of specialist Immigration Law and Human Rights solicitors situated in the heart of Cambridge, Cambridgeshire.

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