Immigration Applications By Stateless Persons

A stateless person is defined, in accordance with Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons, as an individual “who is not considered as a national by any state under the operation of its law.” The term under the operation of its law refers not only to the written legislation of the state but also to its administrative practices, judicial decisions, ministerial decrees, and customary practices, as recognised by the UK courts and UNHCR guidance.

An assessment of statelessness is made as a matter of current fact and law, and not by reference to past or potential future events. Thus, the relevant question is whether, at the time the application is determined, the applicant is considered a national by any state.

Expert Solicitors for Stateless Person Applications

For expert guidance on your statelessness application, contact Sunrise Solicitors today. We offer free immigration advice to assess your case and explain your legal options clearly and confidentially. Let our experienced team help you navigate the process with confidence.

Applications By Stateless Persons

Eligibility Requirements under Appendix Statelessness

In order to qualify for a grant of leave to remain under the statelessness provisions, the applicant must satisfy the validity, suitability, and eligibility requirements, as provided under Sections S1 to S3 of Appendix Statelessness to the Immigration Rules.

 Validity Requirements (S1)

An application must:

• Be made online using the specified FLR(S) form;
• Be submitted while the applicant is physically present in the UK;
• Include all mandatory information;
• Include biometric enrolment, within the specified timeframe (45 working days).

Suitability Requirements (S2)

Applicants must not be subject to refusal under the General Grounds for Refusal in Part 9 of the Immigration Rules. However, even where an applicant is refused on suitability grounds, the decision-maker is still under an obligation to assess whether the individual qualifies as stateless, which may result in a grant of leave outside the Rules.

Eligibility Requirements (S3)

To satisfy eligibility, the applicant must:

• Not be considered a national by any state under the operation of its law;
• Have made all reasonable attempts to acquire or re-acquire nationality from relevant countries;
• Be inadmissible to any other country for the purposes of permanent residence;
• Provide all reasonably available evidence to demonstrate the above.

“Relevant countries” are defined to include states with which the applicant has ties by birth, descent, marriage, adoption, or habitual residence. “Competent authorities” are those legally authorised to determine nationality status in such states.

How Long Can They Stay in UK?

Where an applicant is found to meet the statutory definition of statelessness and all conditions under Appendix Statelessness, they will normally be granted permission to stay for a period not exceeding five years (S5.1).

During this period, the applicant:

• May take up employment;
• Has access to public funds;
• May apply for a stateless person travel document, issued in accordance with the UK’s obligations under the 1954 Convention.

At the conclusion of five years’ continuous lawful residence on the statelessness route, the applicant may apply for indefinite leave to remain, subject to meeting the relevant requirements under S6 to S10 of Appendix Statelessness.

Family Members of a Stateless Person

Following the High Court’s ruling in Asylum Aid v SSHD [2025] EWHC 316 (Admin),** family members of stateless persons (specifically spouses/partners and children) are no longer required to apply under Appendix FM, and instead must be considered under Paragraphs 410 to 411 of Part 14 of the Immigration Rules.

Family members may be:

• Included in the principal applicant’s FLR(S) application if they are in the UK;
• Granted leave in line with the principal applicant’s grant, if the relevant conditions are met;
• Required to apply for entry clearance from overseas if not already present in the UK.

Each family member is individually assessed, and those who wish to be recognised as stateless in their own right must submit a separate application under Appendix Statelessness.

Document Required

The burden of proof lies with the applicant, who must satisfy the Home Office that they are stateless and not admissible to any country. The applicable standard of proof is the balance of probabilities (i.e., more likely than not).

Applicants must provide all reasonably available evidence, including but not limited to:

• Personal testimony (written and/or oral);
• Identity documents (even expired ones), such as:
  • Birth certificates
  • Former passports
  • Civil registration records
  • Certificates of naturalisation or renunciation
• Evidence of failed nationality applications
• Correspondence with relevant embassies or consulates
• Evidence from asylum claims (where applicable)
• Language analysis reports (if relevant)
• Proof of attempts to acquire nationality, or reasons for inability to do so

Where documentation is lacking, the Home Office may conduct interviews and undertake further enquiries, including correspondence with foreign governments, provided that no breach of asylum confidentiality occurs.

How To Apply?

Legal Basis for Application

Applications for permission to stay as a stateless person must be made in accordance with the procedures set out in Appendix Statelessness of the Immigration Rules, as introduced by Statement of Changes HC1039 (2013) and subsequently amended, including the transitional provisions found in Part 14, paragraphs 417–418.

The relevant application form and process are governed by paragraph 34 of Part 1 of the Immigration Rules, which requires that certain types of applications must be made “on a specified form and in accordance with the process set out on GOV.UK”.

Method of Application

All applications must be submitted using the online application form FLR(S) (Further Leave to Remain – Stateless Person), available on the UK Government website. Any attempt to submit an application via alternative means (e.g. telephone, email, or legacy paper forms) is deemed invalid and will not be considered.

Applicants must:

• Be physically present in the United Kingdom at the time of submission;
• Complete all mandatory sections of the online form;
• Pay any required fee (note: as of the current policy, there is no application fee for statelessness applications);
• Enrol biometric information within 45 working days of submission.

Failure to comply with any of the above steps may result in the application being rejected on grounds of invalidity under paragraph S1.1 of Appendix Statelessness.

Biometric Enrolment Requirement

As a condition of validity, applicants must enrol their biometric information (photograph and fingerprints) to facilitate the issuance of a Biometric Residence Permit (BRP). If the applicant fails to enrol within 45 working days, the Home Office will issue a reminder letter. If there is no compliance within an additional 10 working days:

• If other validity requirements are not met, the application may be rejected as invalid;
• If other validity requirements are met, the application proceeds, but biometric enrolment is still required before a decision can be made or BRP issued.

Restrictions on Multiple Applications

In accordance with paragraph 34BB of the Immigration Rules, an individual may only have one outstanding application for permission to stay at any given time. If a second application is submitted before a decision is made on the first, it will be treated as a variation of the previous application.

Where an individual has an outstanding asylum claim, the Home Office may defer consideration of the statelessness application to avoid a conflict with the duty of confidentiality under paragraph 339IA of the Immigration Rules, particularly where enquiries with foreign authorities may prejudice the asylum claim.

Timing of Application in Relation to Leave Expiry

Individuals lawfully present in the UK under an alternative immigration category (e.g., work or student routes) who wish to apply under the statelessness route must do so no earlier than 28 days before their current leave expires. Early applications may be held in abeyance until the 28-day threshold is met.

This approach ensures that priority is given to individuals who have no lawful status in the UK and are unable to leave due to their statelessness.

What Happen if Application is Refused?

If the application is found to meet all validity, suitability, and eligibility criteria, leave to remain for 5 years will normally be granted under paragraph S5.1 of Appendix Statelessness. If the application fails under any criterion, it may be:

• Rejected (if invalid);
• Refused (if unsuitable or ineligible);
• Considered for discretionary leave if the applicant is recognised as stateless but inadmissible to any other country.

There is no statutory right of appeal against a refusal under Appendix Statelessness. However, the applicant is entitled to seek an administrative review under Appendix AR of the Immigration Rules.

How Sunrise Solicitors Can Assist with Statelessness Applications

Sunrise Solicitors provide comprehensive legal representation and expert advice in relation to applications for permission to stay as a stateless person under Appendix Statelessness of the Immigration Rules. Given the legal and evidential complexity involved in establishing statelessness. It includes the burden of proof, interpretation of foreign nationality laws, and the requirement to demonstrate inadmissibility to all other states. Clients benefit from the firm’s in-depth understanding of both domestic immigration policy and relevant international instruments, such as the 1954 Convention Relating to the Status of Stateless Persons.

The firm’s experienced immigration solicitors assist clients throughout every stage of the process, including:

• Initial legal consultation to assess statelessness eligibility;
• Assistance in preparing the FLR(S) application and gathering required evidence;
• Legal analysis and presentation of nationality-related facts and documentation;
• Drafting legal representations to the Home Office addressing issues of law and fact;
• Advising and representing clients in interviews conducted by the Home Office;
• Liaising with embassies and relevant authorities where appropriate;
• Advising on related matters including outstanding asylum claims, discretionary leave, or administrative review in the event of refusal;
• Representing family members in dependent or individual applications, and preparing settlement applications after the statutory residence period.

To discuss your case with us, you can call us or email us.