Today, millions of people around the world are displaced or denied nationality! As a result, they are often denied the necessities of life, like getting a job, opening a bank account, buying a house, or even getting married.
Accessing education, healthcare, employment, and freedom of movement may also be difficult for a stateless person. Without these things, they can face a lifetime of obstacles and disappointment.
This article will discuss extensively every aspect of applying for and staying as a stateless person in the UK.
What is Statelessness?
A stateless person lacks nationality from any country. Some people are born stateless, but others become stateless. Most stateless individuals were born in the countries where they have lived.
For those affected, statelessness frequently has serious, long-lasting effects. The same fundamental human rights that most of us take for granted are regularly fought for by the millions of people who are denied nationality worldwide.
From the moment of their birth until their death, they are typically shut out of society, denied access to healthcare, education, and employment opportunities, and even denied the honor of a formal funeral and death certificate.
How to Apply to Stay in the UK as a Stateless Person
Form FLR(S) – Application for leave to remain stateless must be completed in English to apply to stay in the UK as a stateless person.
Supporting materials must be sent to the email address provided on the form within 28 days of submitting the online application. If there is a valid cause, more proof may be sent later.
The application is simple and does not require payment, but it needs to be supported by all reasonably gathered evidence. In addition, anyone can apply for statelessness in the UK anytime.
Applying does not require a valid visa or authorization to remain. Nevertheless, applying from outside the UK is not permitted.
Those requesting leave in the UK as stateless individuals must show that they have made a reasonable faith effort to obtain admission to their previous country of residence (or any other country) but have yet to be granted the right of entrance.
Additionally, they had to have attempted to obtain or re-establish their nationality with the relevant authorities in the country or countries where they lived but have yet to do so.
What are the Causes of Statelessness?
Most people automatically obtain a nationality at birth, either from their parents or the country where they were born. However, statelessness can result from any one or more of the following factors:
- Discrimination based on gender, race, ethnicity, religion, or language is a significant factor in statelessness. Twenty-five countries have rules that prevent women from inheriting nationality at the same rate as men. As a result, when dads are missing, unknown, stateless, or dead, children may be left stateless.
- People who do not register their births risk becoming stateless since a birth certificate verifies a person’s place of birth and parentage, which are essential for determining nationality.
- Loss or denial of citizenship. Living abroad for an extended length of time might cause people in some countries to lose their nationality and become stateless.
- Conflict of nationality regulations can make persons more likely to become stateless when they leave their birth countries. For instance, if a parent cannot grant nationality to their child born abroad or the foreign government prohibits nationality conferred solely on birth, the child born abroad may be at risk of being stateless.
How Long is the Processing Time for Stateless Applications in the UK?
The Secretary of State is not required to decide on a stateless application within a set amount of time.
Nevertheless, you will need to schedule an appointment at the Service Support Center to verify your supporting documentation and supply your biometric data.
The required supporting documentation must be sent immediately to guarantee that the application will be decided as soon as possible.
What are the Required Documents for a Stateless Person Application?
To establish your identity and statelessness, the Home Office requires multiple paperwork from you.
The following documents—keep in mind that you might need to furnish these for both yourself and your dependents—may be necessary:
- Passport(s)
- Official letter confirming your immigration status
- Birth certificates
- Marriage certificates
- Any additional identity, immigration, and travel documents
- Proof of your previous residence before entering the UK, such as military service records, diplomas from schools, leases, health records, or sworn testimonies from your neighbors
- Evidence that you requested proof of nationality in other countries or that you applied for citizenship
You will receive a complete list of the documents you must provide when you submit your stateless application form.
Reasons for Refusing a Stateless Person Application
An individual’s application as a stateless person in the UK can be denied if they have:
- Protection or assistance from an agency of the United Nations
- Rights similar to those of a citizen in their country of former habitual residence or a right of permanent residence in another country
- Committed a crime against peace, a war crime, or a crime against humanity
- Committed a serious non-political crime outside the UK before they arrived in the UK
- Been guilty of acts contrary to the purposes and principles of the United Nations
- Pose a danger to the security or public order of the UK
- Meet any general grounds for refusal (e.g., criminality, making false representations, and previous breaches of the immigration rules)
- Been issued a deportation order
Stateless Child Born in the UK
If a child who was born in the UK tried to register their birth with the appropriate authorities in their home country but was turned down, they might be deemed stateless.
British nationals are subject to additional registration requirements if they consider applying for statelessness.
According to the new UK regulations for 2022, a stateless child born on or after January 1, 1983, in the UK or a British overseas territory may apply to register for British citizenship if they:
- Were stateless when they were born and have always been stateless
- Have been in the UK or a British overseas territory for five full years before applying
- Have not been absent from the UK or British overseas territory for more than 450 days in the five years
- Are under the age of 22 years old when they apply
- Are not able to gain nationality if they are aged between 5 and 17 years
What Happens Next After a Stateless Application?
If you can remain in the UK as a stateless person, you have a maximum of five years to wait. Your spouse and children, for example, if they are dependent family members living outside of the UK, can then seek permission to join you here.
After you have resided in the UK for five years, you can use it to extend your leave or settle permanently (indefinite permission to remain).
Let’s say the UK rejects your application to become a stateless person. If you feel the Home Office erred in refusing your application, you can appeal the decision or request an administrative review within 14 days.
Your decision letter will outline your right to file an administrative review request or appeal. £80 is spent on an administrative review.
However, this process can take up to six months to complete. If you have been denied statelessness, we advise you to see an immigration lawyer.
Other Types of Application to Remain in the UK
A stateless individual may be able to apply for various permits to remain in the United Kingdom. Among the potential uses are:
- Extended stay is covered under Appendix Private Life. Based on a lengthy period of residency in the UK is defined as either ten years or more of continuous, if not always legal, stay in the country.
- Family life under Appendix FM. As the parent or partner of a British or settled person, or on the five- or ten-year route to settlement.
Sometimes, a stateless person should claim asylum (or a fresh asylum claim) rather than a stateless application if they fear persecution.
Stateless people should ask their adviser if they could make any other applications and which would be the best option.
Frequently Asked Questions
How long does it take to obtain British Citizenship after applying?
On average, British citizenship applications can take up to six months to process from the day they are submitted online. However, this time frame can be extended if UKVI requires more details regarding your application.
Submit your application with the supporting documentation to get the fastest possible answer.
How much is the British Citizenship fee for children?
It will cost you £1,012 if you decide to apply for your child’s UK citizenship. You may, however, request a price waiver if your child is under 18 and you cannot pay the cost.
The cost of your child’s naturalization ceremony will increase to £80 if they turn 18 after you apply.