United Kingdom: Stateless persons

Definition of a stateless person

401. For the purposes of this Part a stateless person is a person who:

(a) satisfies the requirements of Article 1(1) of the 1954 United Nations Convention relating to the Status of Stateless Persons, as a person who is not considered as a national by any State under the operation of its law;

(b) is in the United Kingdom; and

(c) is not excluded from recognition as a Stateless person under paragraph 402.

Exclusion from recognition as a stateless person

402. A person is excluded from recognition as a stateless person if there are serious reasons for considering that they:

(a) are at present receiving from organs or agencies of the United Nations, other than the United Nations High Commissioner for Refugees, protection or assistance, so long as they are receiving such protection or assistance;

(b) are recognised by the competent authorities of the country of their former habitual residence as having the rights and obligations which are attached to the possession of the nationality of that country;

(c) have 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;

(d) have committed a serious non-political crime outside the UK prior to their arrival in the UK;

(e) have been guilty of acts contrary to the purposes and principles of the United Nations.

Requirements for limited leave to remain as a stateless person

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

(a) has made a valid application to the Secretary of State for limited leave to remain as a stateless person;

(b) is recognised as a stateless person by the Secretary of State in accordance with paragraph 401;

(c) is not admissible to their country of former habitual residence or any other country; and

(d) has obtained and submitted all reasonably available evidence to enable the Secretary of State to determine whether they are stateless.

Refusal of limited leave to remain as a stateless person

404. An applicant will be refused leave to remain in the United Kingdom as stateless person if:

(a) they do not meet the requirements of paragraph 403;

(b) there are reasonable grounds for considering that they are:

(i) a danger to the security of the United Kingdom;

(ii) a danger to the public order of the United Kingdom; or

(c) their application would fall to be refused under any of the grounds set out in paragraph 322 of these Rules.

Grant of limited leave to remain to a stateless person

405. Where an applicant meets the requirements of paragraph 403 they may be granted limited leave to remain in the United Kingdom for a period not exceeding 30 months.

Curtailment of limited leave to remain as a stateless person

406. Limited leave to remain as a stateless person under paragraph 405 may be curtailed where the stateless person is a danger to the security or public order of the United Kingdom or where leave would be curtailed pursuant to paragraph 323 of these Rules.

Requirements for indefinite leave to remain as a stateless person

407. The requirements for indefinite leave to remain as a stateless person are that the applicant:

(a) has made a valid application to the Secretary of State for indefinite leave to remain as a stateless person;

(b) was last granted limited leave to remain as a stateless person inaccordance with paragraph 405;

(c) has spent a continuous period of five years in the United Kingdom with lawful leave, except that any period of overstaying for a period of 28 days or less will be disregarded;

(d) continues to meet the requirements of paragraph 403.

Grant of indefinite leave remain as a stateless person

408. Where an applicant meets the requirements of paragraph 407 they may be granted indefinite leave to remain.

Refusal of indefinite leave to remain as a stateless person

409. An applicant will be refused indefinite leave to remain if:

(a) the applicant does not meet the requirements of paragraph 407;

(b) there are reasonable grounds for considering that the applicant is:

(i) a danger to the security of the United Kingdom;

(ii) a danger to the public order of the United Kingdom; or

(c) the application would fall to be refused under any of the grounds set out in paragraph 322 of these Rules.

Requirements for limited leave to enter or remain as the family member of a stateless person

410. For the purposes of this Part a family member of a stateless person means their:

(a) spouse;

(b) civil partner;

(c) unmarried or same sex partner with whom they have lived together in a subsisting relationship akin to marriage or a civil partnership for two years or more;

(d) child under 18 years of age who:

(i) is not leading an independent life;

(ii) is not married or a civil partner; and

(iii) has not formed an independent family unit.

411. The requirements for leave to enter or remain in the United Kingdom as the family member of a stateless person are that the applicant:

(a) has made a valid application to the Secretary of State for leave to enter or remain as the family member of a stateless person;

(b) is the family member of a person granted leave to remain underparagraphs 405 or 408;

(c) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter or remain as the family member of a stateless person

412. A family member will be refused leave to enter or remain if:

(a) they do not meet the requirements of paragraph 411;

(b) there are reasonable grounds for considering that:

(i) they are a danger to the security of the United Kingdom;

(ii) they are a danger to the public order of the United Kingdom; or

(c) their application would fall to be refused under any of the grounds set out in paragraph 320, 321 or 322 of these Rules.

Grant of leave to enter or remain as the family member of a stateless person

413. A person who meets the requirements of paragraph 411 may be granted leave to enter or remain for a period not exceeding 30 months.

Curtailment of limited leave to enter or remain as the family member of a stateless person

414. Limited leave to remain as the family member of a stateless person under paragraph 413 may be curtailed where the family member is a danger to the security or public order of the United Kingdom or where leave would be curtailed pursuant to paragraph 323 of these Rules.

Requirements for indefinite leave to remain as the family member of a statelessperson

415. The requirements for indefinite leave to remain as the family member of a stateless person are that the applicant:

(a) has made a valid application to the Secretary of State for indefinite leave to remain as the family member of a stateless person;

(b) was last granted limited leave to remain as a family member of a stateless person in accordance with paragraph 413; and

(i) is still a family member of a stateless person; or

(ii) is over 18 and was last granted leave as the family member of a stateless person; and

(a) is not leading an independent life;

(b) is not married or a civil partner; and

(c) has not formed an independent family unit.

(c) has spent a continuous period of five years with lawful leave in the United Kingdom, except that any period of overstaying for a period of 28 days or less will be disregarded.

Refusal of indefinite leave to remain as the family member of a stateless person

416. An applicant will be refused indefinite leave to remain as a family member of a stateless person if:

(a) they do not meet the requirements of paragraph 415;

(b) there are reasonable grounds for considering that:

(i) they are a danger to the security of the United Kingdom;

(ii) they are a danger to the public order of the United Kingdom; or

(c) the application would fall to be refused under any of the grounds set out in paragraph 322 of these Rules.