Leave To Remain By Stateless Persons

Statelessness Application Process

1. Eligibility: To qualify for Leave to Remain as a stateless person in the UK, the individual must meet certain criteria:
   • Be in the UK
   • Be stateless as defined by the 1954 Convention relating to the Status of Stateless Persons
   • Not be admissible to any other country under its law
   • Have applied for leave to remain as a stateless person
2. Application Requirements: Applicants need to provide evidence supporting their claim of statelessness. This typically includes
   • A detailed statement about their life, nationality status, and attempts to secure nationality from other countries
   • Evidence of refusal or inability to obtain nationality from any country they have a connection with
   • Identity documents, if any, and details of previous applications for citizenship or nationality
3. Application Form and Fee: The application is made using Form FLR(S). There is no application fee, but there may be costs for providing biometric information.
4. Biometric Information: Applicants must provide biometric information (fingerprints and photograph) as part of the application process.

Decision and Rights

• Grant of Leave to Remain: If the application is successful, the applicant is usually granted Leave to Remain for an initial period of 2.5 years. They can apply for further leave or indefinite leave to remain after this period.
• Rights and Benefits: Those granted Leave to Remain as a stateless person have the right to work, study, and access public funds and services in the UK.
• Refusal: If the application is refused, the applicant will be informed of the reasons and may have the right to appeal or request an administrative review of the decision.

Indefinite Leave to Remain (ILR)

• After 5 years of continuous residence in the UK on Leave to Remain as a stateless person, individuals can apply for Indefinite Leave to Remain (ILR), allowing them to stay in the UK without time restrictions.

Additional Considerations

• Legal Advice: Given the complexity of proving statelessness and the detailed evidence required, it is often advisable for applicants to seek legal advice.
• Children: The situation of children born in the UK to stateless parents can also be addressed under specific provisions to ensure their rights and status are recognized.