Part 14 of the immigration rules paragraph 401 to 416 sets out the policy framework for considering an application based on statelessness.
The changes being introduced increase the initial period of leave for those who qualify from 30 months to five years’ limited leave, after which they can apply for settlement. Minor changes have also been made to update the provisions in respect of family members.
In addition, further changes have been made to make clear that, to qualify for stateless leave, someone must show that they cannot acquire a nationality or a right to permanent residence in another country to which they may be entitled. Applications for stateless leave will be refused where a person does not provide sufficient evidence that they have taken such steps, even if they are technically ‘stateless’ because they do not hold a nationality at the time of their application.
Paragraph 403 of the Rules now includes a requirement that an applicant for leave to remain as a stateless person:
(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
- e) has sought and failed to obtain or re-establish their nationality with the
appropriate authorities of the relevant country; and
(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.”
The above-mentioned changes are clearly an attempt to make existing requirements stricter for those applicants who can acquire the nationality of another country but choose not to. It seems that these changes will not affect the existing position under MK V SSHD when it comes to registering for British citizenship under nationality act.
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