Stateless Person Aged 18-22
An individual can apply to stay in the UK as a Stateless Person if they are not recognised as a citizen of any country. However, the procedure for getting leave to remain based on statelessness is not as straightforward as you expect.
An applicant would encounter many challenges including restrictive appeal rights, lack of legal assistance in certain jurisdictions, and a high standard of evidence.
Stateless Person Aged 18-22
The applicant must satisfy the obligations of the 1954 United Nations Convention in relation to the status of a stateless person. If the stateless person meets the eligibility requirements, they must be present in the UK at the time of making an application.
In addition, the applicant is not excluded from recognition as a Stateless Person in accordance with the rules set out in Paragraph 402 of the Immigration Rules.
Schedule 2 of the British Nationality Act 1981 sets out the requirements for registration of citizenship for stateless persons aged between 18 to 22. The requirements for applying for citizenship vary depending on when and where the applicant was born. The Home Office will consider whether the applicant was born in the UK, British overseas territory, or another country.
Eligibility Criteria For Stateless Person Aged 18-22
Under paragraph 3 of Schedule 2, the person born in the UK or the British overseas territory can apply for British nationality if they meet the following requirements:
- The stateless person applying for permission to stay was born on or after 1 January 1983
- They were born stateless and remained so
- The applicant is between the age of 18 and 22 years on the date of the application
- They have lived in the UK or a British Overseas territory for a continuous 5-year period
- The days spent outside the UK or the British Overseas territory during the qualifying period must not be over 450 days
If the applicant satisfies the aforementioned criteria, they can apply to register for British citizenship. They have the right to register as a British national if they have spent more days in the UK during the qualifying period than in the British Overseas territories. In other circumstances, they can apply for registration as a British Overseas Territories Citizen (BOTC).
Stateless Person Born Outside the UK or British Overseas Territory
The stateless person born outside the UK or British Overseas territory has to meet certain additional requirements:
- Any of the stateless person’s parents was a British national at the time of their birth
- They have lived in the UK or a British overseas territory for 3 years
- The number of absences during the 3-year period must not exceed 270 days
Refusal of Permission to Stay as a Stateless Person
The application for limited leave to remain as a stateless person will be refused if
- The applicant fails to meet the criteria of paragraph 403
- There are reasonable security concerns and they may pose a threat to the security and public order of the UK
Documents Required
The Home Office requires the applicant to submit a number of documents as proof of statelessness.
- Proof of identity, travel documents, and passport
- Immigration documents
- A letter from authorities confirming the statelessness
- Evidence explaining where the applicant has previously lived before arriving in the UK
The applicant must be well-prepared and evidenced as the type of evidence has an impact on the person’s entitlement for registration.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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