Leave To Remain By Stateless Persons

Leave to remain refers to the permission granted by the UK government to an individual to stay in the UK for a certain period. An individual can only apply to stay in the UK as a stateless person if they are not recognised as a citizen of any country and are unable to live permanently in any other country. Applicants must currently be in the UK to apply for Leave to Remain as a stateless person. 

If the applicant fears persecution in case they return to another country, they should claim asylum first. Also, if the applicant has already claimed asylum or have an outstanding human rights claim, they must wait until they have a decision from the Home Office. 

If you are looking for expert advice on leave to remain as a stateless person in the UK, Sunrise Solicitors is here to guide you and provide you with professional support. Call us today or book an appointment to discuss your matter with our expert team of immigration lawyers and solicitors. 

How long you can stay and your rights

If the Home Office grants you leave to remain as a stateless person, you will be allowed to stay in the UK for a period of 5 years. Before this period ends, you may apply either to extend your stay or for Indefinite Leave to Remain (ILR), provided you meet the relevant requirements. During your time in the UK, you will have the right to work, study, and access public funds and services. If your application is refused, you will be informed of the reasons and may request an Administrative Review if you believe a caseworking error has occurred. 

Statelessness Application Criteria

The stateless person application criteria for permission to stay as a stateless person in the UK is given below:  

Eligibility:  To qualify for permission to stay as a stateless person in the UK, an applicant must be physically present in the UK at the time of application, must not be recognised as a citizen by any country in accordance with the 1954 Convention definition of a stateless person, and must be unable to live permanently in any other country or obtain admission for permanent residence elsewhere. The applicant must also submit a valid application using the specified stateless person application form while in the UK. 

Evidence and documents:  Applicants must provide as much evidence as possible to prove they are stateless. This may include a detailed statement about their life, nationality status, and the efforts they have made to obtain nationality or permanent residence in relevant countries. They should also submit any available identity, immigration, and travel documents, along with evidence of where they have previously lived. Additionally, documents relating to applications for citizenship or proof of nationality in other countries, including any responses showing refusal or inability to acquire nationality, should be provided. 

Application form and fee: Applications are made online using Form FLR(S). There is no Home Office application fee for applying to stay in the UK as a stateless person.  

Biometric information: After submitting the online form, applicants must attend a Service and Support Centre appointment to provide biometric information (fingerprints and a photograph) and have their supporting documents checked.

What Happens After a Decision Is Made?

If your application is successful, you will be granted permission to stay in the UK for 5 years. You may be able to apply for Indefinite Leave to Remain (ILR) if you have held permission to stay as a stateless person for five years and you meet the applicable settlement requirements. 

If the Home Office refuses your application, there is no statutory right of appeal, and the applicants may request an Administrative Review in accordance with Appendix AR of the Immigration Rules. Through this process, the Home Office will examine whether the eligible decision is incorrect due to a case working error and, if such an error is identified, the Home Office will make necessary corrections.

Can Family members join the main applicant?

If the applicant has a partner or children under the age of 18, they can be included in the statelessness application. A partner must show they are legally married, in a civil partnership, or in a genuine and subsisting relationship for at least two years, including situations where the couple has been living apart for valid reasons such as work, study, or cultural constraints. Children must be under 18, unmarried, and must be residing with a parent unless they are living away from home for full-time education.

If the partner or children are already in the UK, they can be included in the statelessness application and may apply for leave in line under Appendix Statelessness, even if they are not stateless themselves. There is no Home Office application fee, and they will follow the same route to settlement. If family members are outside the UK, they must apply for entry clearance after the main application is granted and can stay as dependants. If the applicant forms a family after being granted leave, any partner or children under 18 must apply for a separate family visa to join or remain in the UK.

How can Sunrise Solicitors help?

Our team at Sunrise Solicitors provides expert legal advice to individuals seeking Leave to Remain as a stateless person. We offer detailed guidance throughout your application and make sure that it is prepared in accordance with Home Office requirements and guidelines. We assist clients with all categories of statelessness applications, including:

Applications For Leave To Remain By Stateless Persons