Family Members Of Stateless Persons
Family members of stateless persons can apply to join them in the UK under specific conditions set by immigration rules. Sunrise Solicitors can assist you with every step of the process, from entry clearance to settlement applications. Contact Sunrise Solicitors today for free initial advice and get expert help from our immigration solicitors.
Eligible Family Members
The following are the eligible family members under Appendix Statelessness, if the relationship was formed before the stateless person was granted leave:
- Unmarried partner (must have been in a relationship similar to marriage or civil partnership for at least 2 years)
- Children under 18 who are:
- Unmarried and not in a civil partnership
- Living with the parent or in full-time education
- If the relationship was formed after the stateless person was granted leave the family members cannot apply under Appendix Statelessness, they must apply under Appendix FM
- If the partner or child is also stateless, they may apply independently under Appendix Statelessness if they meet the definition and eligibility criteria for statelessness
Eligibility requirements for family members of a Stateless person
The eligibility requirements for family members of a stateless person are given below:
- A partner or child of a stateless person who intends to come to the UK must apply for entry clearance before joining the stateless person in the UK.
- If Appendix Tuberculosis applies, the applicant must submit a valid medical certificate confirming they have been screened for active pulmonary tuberculosis.
- The applicant must have satisfactorily established their identity and nationality.
Relationship requirement for family members of a Stateless person
The following are the relationship requirements for partner and child of a stateless person.
Relationship requirements for a partner
To be eligible under Appendix Statelessness, a partner must meet both the immigration rule-based requirements and the relationship criteria.
- The relationship must have been formed before the stateless person was granted permission to stay under the statelessness route.
- The stateless person (the sponsor) must either:
- Already have permission to stay as a stateless person, or
- Be applying for, and be granted, that permission at the same time as the partner.
The applicant must also meet the relationship requirements which includes:
- Being in a legally recognised marriage or civil partnership in the UK;
- Or having been in a relationship similar to marriage or civil partnership for at least two years;
- In some cases, where the couple has been in a relationship for at least two years but cannot live together due to work, study, or cultural reasons, the relationship may still qualify if it is genuine and subsisting.
Relationship requirements for a child
To be eligible under Appendix Statelessness, a child must meet specific requirements related to their age, dependency, and the timing of their birth in relation to the stateless parent’s immigration status.
- If the child was born after that permission was granted, they may still be eligible if the other parent is either:
- Applying for permission under the statelessness route, or
- Already holds such permission.
- If the child was born after that permission was granted, they may still be eligible if the other parent is either:
- Applying for permission under the statelessness route, or
- Already holds such permission.
In addition to the timing requirements, the child must meet the general conditions set out in Appendix Children, which include:
- Being under the age of 18 at the time of application, unless they qualify to continue as a dependent child aged 18 or over under Appendix Children;
- Not living an independent life (i.e. financially or socially self-sufficient);
- If the child is under 18, there must be suitable arrangements for their care and accommodation in the UK that comply with relevant UK law.
- The child must meet the relationship requirement under Appendix Children, including the relevant requirements concerning the immigration status of their parent or parents.
If the Partner or Child is Already in the UK
A partner or child who is already in the UK may need to make a separate application for permission to stay as a stateless person if both of the following apply:
- They are not recognised as a citizen of any country (i.e. they are stateless); and
- They are unable to live permanently in any other country.
If they do not meet both of the above conditions for recognition as a stateless person in their own right, they may instead be granted permission to stay as a dependent of the stateless person, provided they meet the relevant requirements under Appendix Statelessness.
Decision on an Application as a Partner or Child of a Stateless Person
If the Home Office is satisfied that the applicant meets all relevant suitability and eligibility requirements, the application will be approved. If any of these requirements are not met, the application will be refused.
In case of refusal, the applicant may request an Administrative Review in accordance with the provisions set out in Appendix AR: Administrative Review.
Period and Conditions of Grant for a Partner or Child of a Stateless Person
A partner or child of a stateless person will be granted permission which expires at the same time as the permission granted to the stateless person. This permission will come with access to public funds, the right to work (including self-employment and voluntary work), and the ability to study, subject to the Academic Technology Approval Scheme (ATAS) requirements outlined in Appendix ATAS.
A partner or child of a stateless person may apply for Indefinite Leave to Remain (ILR) where they meet the relevant settlement requirements under Appendix Statelessness and the stateless person is being granted settlement at the same time, or is already settled or has become a British citizen in the circumstances permitted by the Immigration Rules.
How Sunrise Solicitors Can Help
Navigating the UK immigration system as a family member of a stateless person can be complex and overwhelming. Our experienced team at Sunrise Solicitors provides expert legal support for your immigration matter.
Our services for family members of stateless persons include:
- Entry Clearance – We help partners and children of stateless persons with their entry clearance applications.
- Extension of Permission to Stay – Our team provides expert guidance with applications to extend permission to stay as the partner or child of a stateless person.
- ILR (Indefinite Leave to Remain) – We help partners and children of stateless persons with their ILR applications where they meet the relevant settlement requirements under Appendix Statelessness.
- Switching – We provide expert help with switching to a different immigration category, if eligible, from within the UK.
Sunrise Solicitors has a strong track record and a client-focused approach. We make sure that your application is handled professionally and accurately. We are committed to helping you achieve the best possible outcome for you and your family. Call us today or book an appointment with our expert solicitors.
