Family Members Of Stateless Persons
Family members of stateless persons in the UK can also apply to join or remain with the stateless person under specific provisions. Here is an overview of the relevant processes and considerations for family members of stateless persons seeking Leave to Remain in the UK
Eligibility for Family Members
Family members of a stateless person who can apply to join them in the UK include:
- Spouses or civil partners
- Unmarried or same-sex partners
- Children under 18
Application Requirements
- Eligibility Criteria: The stateless person must have Leave to Remain or Indefinite Leave to Remain in the UK. Family members must prove:
- Their relationship to the stateless person
- Their intent to live with the stateless person in the UK
- That they meet the specific requirements for their category (e.g., marriage or partnership requirements)
- Evidence Required: Applicants need to provide documentation such as:
- Marriage or civil partnership certificates for spouses or partners
- Birth certificates for children
- Proof of relationship, such as joint bank statements, tenancy agreements, or photos
- Evidence that the family member will have adequate accommodation and financial support without recourse to public funds
- Application Forms: Family members use different forms depending on their situation. Typically, applications are made using the FLR(FP) form for family life as a partner or parent, or FLR(M) for a partner of a stateless person.
- Biometric Information: Similar to the stateless person, family members must also provide biometric information (fingerprints and photographs).
Decision and Rights
-
Grant of Leave to Remain
If successful, family members are usually granted Leave to Remain for the same duration as the stateless person. This includes the right to work, study, and access public funds and services in the UK.
-
Indefinite Leave to Remain (ILR)
Family members can apply for ILR after living in the UK for a continuous period, typically 5 years, along with the stateless person.
Additional Considerations
- Financial Requirements: Family members must meet financial requirements demonstrating that they can be supported without relying on public funds. This can include income from employment, savings, or support from the stateless person.
- English Language Requirements: Partners and adult family members may need to meet English language requirements, either through a language test or by having a degree taught in English.
- Legal Advice: Given the complexity of immigration applications, it is often advisable for family members to seek legal advice to ensure all criteria are met and the application is complete and accurate.
- Appeals and Reviews: If an application is refused, family members may have the right to appeal or request an administrative review. The specific route for challenging a decision will depend on the grounds for refusal and the individual circumstances of the case.
