Paragraph 401 of the Immigration Rules adopts the definition of the 1954 Convention. A stateless person is defined as a “person who is not considered as a national by any State under the operation of its law”.
The requirements of the Rules
In summary, for someone to be granted leave on the basis of statelessness, they must:
- not be “excluded” from recognition as a stateless person
- meet the definition of statelessness
- make a valid application
- not be admissible to another country
- have obtained and submitted all reasonable evidence
- not fall for refusal on the grounds of being a danger to the security or public order of the UK; or on grounds set out at paragraph 322 of the Immigration Rules
In addition, for applications made on or after 6 April 2019, applications will need to show that:
- they have sought and failed to obtain or re-establish their nationality with the authorities of the relevant country
- if they are a child born in the UK, they have provided evidence that they have attempted to register their birth with the relevant authorities but have been refused.
Submitting enough evidence
Paragraph 403 (d) of the Rules states that an applicant must have “obtained and submitted all reasonably available evidence to enable the Secretary of State to determine whether they are stateless”.
According to the Home Office, therefore, the burden of proof rests with the applicant to show that they are stateless, although the Home Office guidance states that some allowances will be made.
How long you can stay
You can normally stay in the UK for 2 years and 6 months if you’re given permission to stay (known as ‘leave to remain’). You can apply for further leave when your leave expires.
You must include your partner and children under 18 (your ‘dependants’) in your application if they’re already in the UK with you.
If they’re outside the UK, they can apply for permission to come to the UK (‘entry clearance’) once your application has been approved.