Statelessness means an individual has no claim to any nationality. This can occur for many different reasons such as when a country discriminates against minority groups in its nationality legislation, where there is a failure to include all residents in the body of citizens after state succession or where there are conflicting laws between states. Statelessness may also occur when a person’s nationality has been revoked by the State for reasons including if nationality was acquired in bad faith, however, this is not a straightforward process as Governments cannot make a person stateless. It is possible for stateless people to acquire leave to remain in the UK on the basis of being stateless. Our human rights Immigration Solicitors in London can assist with complex immigration matters such as Stateless applications. For tailored immigration advice, it is important to schedule a consultation with our Immigration Solicitors who can assess the complexities of your case and advise how to best proceed with your case.
What is a stateless application?
Individuals who are not recognised as a citizen of any country AND who are unable to live permanently in any other country can apply to stay in the UK as a stateless person. Stateless applications are made in accordance with the Convention Relating to the Status of Stateless Persons which was ratified in the UK in April 1959 and the Immigration Rules Part 14. Stateless applications are considered on a high standard of proof and it is therefore extremely difficult for a stateless application to succeed. The Applicant has to demonstrate that they have made every reasonable attempt to prove that they cannot be removed to any country to reside permanently. Applicants may also be invited for an interview if the caseworker feels that there is information lacking from the claim. Caseworkers will also consider country guidance and make inquiries with relevant national authorities, however, the burden of proof in all stateless applications lies with the Applicant, their testimony, and the evidence they are able to provide.
How do I apply for stateless in the UK?
Stateless applications are made online and there is no Home Office application fee. An application for statelessness can only be made if there are no outstanding Home Office applications or subsequent appeals. Applicants who cannot return to another country because of fear of persecution should first try and claim asylum. A stateless application can only be made once an asylum claim has been decided (including asylum appeals).
What happens after my stateless application?
If successful, Applicants applying on or after April 2019 will be granted 5 years’ leave to remain in the UK, which increased from 30 months limited leave to remain for applications submitted previously. Within 28 days of the expiry of the 5-year Stateless visa, Applicants can then apply for indefinite leave to remain and then naturalisation; if they meet the applicable eligibility requirements.
Unsuccessful Stateless Applicants can apply for an Administrative Review.
Can family members apply for statelessness?
Yes, family members of the main Applicant may also apply to remain in the UK on the basis of statelessness. Dependents include partners and children under the age of 18. The family members who are already in the UK must be included as dependents in the main Applicant’s application. If they’ are outside the UK then they can apply for entry clearance once the main Applicant’s application has been granted.
Can you be born stateless?
In most countries, nationality is acquired at birth. In certain countries, the absence of a birth certificate or other proof of birth, origins or legal identity can increase the risk of statelessness.
In applications which are made including or that are made on the behalf of a child, the Home Office has to consider the best interests of the child under Section 55 of the Borders, Citizenship and Immigration Act 2009.
Using our Immigration Solicitors in London to make a Stateless Application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status ensuring you comply with the Immigration Rules. It is possible to instruct an immigration and visa legal representative to assist you with understanding and complying with the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided. This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that you comply with the UK Immigration Rules.
Successfully apply for Statelessness with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and whether you comply with the Right to Bank Check before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.