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Stateless Person

Stateless Person is defined under part 14 of the Immigration Rules.

Paragraph 401 of the Immigration Rules describe stateless person as follows

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

1. (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;

2. (b) is in the United Kingdom; and

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


Who is Excluded from Recognition as a Stateless Person? 
Paragraph 402 of the Immigration Rules states a person is excluded from recognition as a stateless person if there are serious reasons for considering that they:

1. (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;

2. (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;

3. (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;

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

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

Stateless Person to ILR (Indefinite Leave to Remain):
Paragraph 403 of the Immigration Rules. The requirements for leave to remain in the United Kingdom as a stateless person are that the applicant:

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

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

3. (c) has taken reasonable steps to facilitate admission to their country of former habitual residence or any other country but has been unable to secure the right of admission; and

4. (d) has obtained and submitted all reasonably available evidence to enable the Secretary of State to determine whether they are stateless or whether they are admissible to another country under the meaning of paragraph 403(c);

5. (e) has sought and failed to obtain or re-establish their nationality with the appropriate authorities of the relevant country; and

6. (f) if, in the case of a child born in the UK, has provided evidence that they have attempted to register their birth with the relevant authorities but have been refused
 

Why Choose Asher & Tomar Solicitors:
Our team of expert Immigration Solicitors based in London and Cardiff can advise and represent your complex immigration matter (stateless person) at every stage from home office, immigration tribunals, upper tribunal field house, Court of Appeal and Supreme Court. 

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