Apply to Stay in the UK as a Stateless Person - Validity, Eligibility & Documents

Applying as a stateless person is a route for a person who is not recognised as a citizen of any country and so is stateless, and is unable to live permanently in any other country. It is a type of immigration application where a person proves they are stateless (no country recognises them as a citizen) and seeks permission to stay in the UK on that basis. 

A partner or dependent child of a stateless person can apply to stay in the UK if they formed part of the family unit prior to the date a stateless person was granted permission to stay. 

If a person forms a family after they receive permission as a stateless person, their partner or dependent children under 18 will need to apply under the UK family route instead. 

A person who cannot return to another country because they fear persecution there should first claim asylum in the UK.

Those who have already claimed asylum or have a pending human rights claim must wait until they receive a decision. They can apply to stay as a stateless person if they are refused.

The statelessness route allows for extension and is also a route to settlement.

Please note that applications for stateless persons made before 11 November 2025 were considered under the Immigration Rules - Part 14. Hence, any outstanding applications made before this date remain subject to the rules and guidance in force at the time of application. 

Applicants previously granted permission to stay or enter under the Immigration Rules - Part 14 and currently seeking indefinite leave to remain (also known as ‘settlement’) are needed to submit their application under Appendix Statelessness (effective from 11 November 2025), provided they meet the relevant requirements.

What is “Statelessness”?

In general terms, a stateless person is “a person without a country”. Official definition of a stateless person under the United Nations 1954 Convention, which the UK ratified in April 1959, is someone who is not considered a national by any State under the operation of its law.

Statelessness occurs for various reasons, including: 

• Citizenship denied due to ethnicity, religion, or race in nationality legislation, 

• Some countries don’t automatically give nationality to a person at birth 

• A country changes its citizenship laws and excludes certain groups

• When a new country is formed (called state succession), it does not grant citizenship to everyone living there 

In some countries, a person may automatically lose citizenship after having a prolonged residence in another country. In several countries, the absence of proof of birth, origins, or legal identity can also increase the risk of statelessness.

A stateless person is not necessarily at risk of persecution/serious harm in their country of habitual residence, but they are potentially vulnerable to serious discrimination. They may, for example, be denied the exercise of the right to vote or the right to own land. They are often unable to obtain identity documents. They can be denied access to health services and education or blocked from obtaining employment.

Validity requirements for permission to stay as a stateless person

The applicant applying for permission to stay (also known as ‘leave to remain’) as a Stateless person must apply online on the gov.uk website using the specified form “Further Leave to Remain – Stateless person”.

For an application to be valid, the applicant applying for permission to stay as a Stateless person must:

(a) have provided biometrics when required; and

(b) have satisfactorily established their identity; and

(c) be in the UK on the date of application.

An application that fails to meet all the validity requirements for a Stateless person may be rejected as invalid and not considered.

Suitability requirements for permission to stay as a stateless person

When a person applies for permission to stay in the UK as a stateless person, the decision maker must be fully satisfied that the applicant should not be refused under the Immigration Rules - Part Suitability.

Eligibility requirements for permission to stay as a stateless person

The applicant must be a person who is not considered a national by any state under the operation of its law, as set out in Article 1(1) of the United Nations 1954 Convention relating to the status of stateless persons.

The applicant must show that they have made every reasonable effort, but failed to:

(a) acquire, or re-acquire, nationality with the competent authorities (a recognised government body which holds the legal authority to confirm whether someone applying for permission to stay as a stateless person is recognised as a national or holds the right or status leading to permanent residence) of any relevant countries (countries with which the applicant has relevant links, such as based on birth on the territory, descent, marriage, adoption or habitual residence); and

(b) secure a right to admission as a permanent resident, or a status that could lead to permanent residence, in any relevant country.

If the applicant is a child born in the UK, their parent/legal guardian must show they have taken all reasonable steps to register the child’s birth with the competent authorities and have not been successful.

As part of the application, the applicant must have obtained and submitted all reasonably available evidence to the Home Office that shows that they meet the eligibility requirements mentioned above.

Supporting Documents required for a stateless person

Every time, the burden of proof rests with the applicant, who is expected to cooperate with the Home Office to provide sufficient evidence demonstrating that they are stateless and that there is no country they can be removed to for permanent residence. The standard of proof that applies in considering the applicant’s statelessness is that of a balance of probabilities, as confirmed by the Court of Appeal in AS (Guinea) v SSHD [2018] EWCA Civ 2234 where the court dismissed the appellant AS’s appeal and held that held that a person is not stateless if they could obtain nationality, but have not taken reasonable steps to do so.

Evidence documenting an applicant’s personal history helps the Home Office identify the state (or states) whose nationality laws and procedures need to be considered to determine nationality status.

Below is not an exhaustive list, but examples of evidence may include:

• Applicant’s testimony (written application and/or oral evidence at interview) 

• Responses from relevant foreign authorities to an enquiry regarding an individual’s nationality status 

• Applicant’s identity documents - for example, birth certificate, extract from civil register / national identity card/voter registration document, passports. Etc.

• Documents that prove where the applicant lived before coming to the UK, for example, medical records, school certificates, or sworn statements from neighbours

• Documents from the applicant’s applications for citizenship or requests for acquiring or obtaining proof of nationality in other countries 

If the applicant believes they have the right to live in a country other than the UK, they will also need to show they have tried to get the nationality of that country.

The applicant applying as a stateless person should read the application form to see a full list of documents they can provide.

When to apply for permission to stay as a stateless person?

The applicant should apply as soon as possible once they are eligible, meaning they can demonstrate that they are stateless and cannot live permanently elsewhere, and before any current leave runs out. 

Those already in the UK on a visa or other permission should apply the month before their visa or permission ends to avoid being out of a legal immigration status. 

A person who is also an asylum claimant usually must wait for their asylum claim to be decided first.

How to apply as a stateless person?

Before applying as a stateless person, one must ensure they meet all the relevant eligibility requirements and have gathered the supporting documents if they have them.

1. Apply online 

The applicant must apply online on the gov.uk website using the specified form “Further Leave to Remain – Stateless person” from within the UK.

2. Submit the documents

The applicant must submit their documents within 10 working days of submitting their online application. If they fail to do this, their application may be rejected.

3. Pay the application fees

There is no fee to make an application as a stateless person.

4. Submit biometrics

The applicant will need to make an appointment at a Service and Support centre and give their fingerprints and a photo at the centre.

The applicant will also need to have their supporting documents checked at the Service and Support centre. 

5. Wait for a decision

Processing times can be long, especially if the Home Office thinks they need more documents and/or they want to interview the applicant.

6. Receive a decision

If the decision maker is satisfied that the applicant has met all the suitability and relevant eligibility requirements, they will grant the application; otherwise, they will refuse the application.

If the application for permission to stay as a stateless person is refused, the applicant can ask for an Administrative Review. 

Period of grant for a Stateless person

Successful applicants will be granted permission to stay in the UK for 5 years, after which they may be able to apply for indefinite leave to remain (also known as ‘settlement’).

Statelessness Interview

The Home Office may consider arranging an interview with the applicant to address any outstanding issues or ambiguities. An interview may be required if they consider that the statelessness application lacks information required to make an informed decision, which they cannot obtain through other means, for example, writing to or arranging a telephone call with the legal representatives of the applicant. In other instances, questions about evidence submitted as part of the application may be resolved through additional written communications. 

The Home Office may also need to interview the applicant to address any adverse credibility findings. This gives the applicant the opportunity to refute, explain, or provide mitigating circumstances in respect of any evidence that appears inaccurate, inconsistent, contradictory, vague, or implausible. 

An interview will not be required where documents fully prove the applicant’s statelessness, inadmissibility to any other country, and eligibility for permission to stay on this basis. An interview will also not be required, and the application as a stateless person will be refused, where recent and reliable information including the applicant’s previous evidence or findings of fact made by an immigration judge, have established that the applicant is not stateless or can be clearly admitted to another country for permanent residence and where no evidence to the contrary has been provided. 

In cases where the Home Office considers an interview is required to gather further evidence on which to make an informed decision, the applicant will be invited to an interview by sending a letter to the applicant and representative (where relevant). If the applicant has a legal representative, then the Home Office will also send a covering letter to them. 

If the Home Office has arranged an interview and the applicant fails to attend it without a reasonable explanation or fails to reply to a written request for information, the application for permission to stay as a stateless person may be refused on the basis that they have failed to provide the required evidence.

Applying for family members

If a person has a partner or children aged under 18, they will need to include them on their statelessness application. How their partner or children aged under 18 can come to or stay in the UK depends on whether they are in the UK or abroad.

The applicant’s partner must be able to prove one of the following:

• The applicant is in a marriage or civil partnership with them that is recognised in the UK; or

• The applicant has been living with them in a relationship for at least 2 years; or

• The applicant is a fiancé(e) or proposed civil partner, and they will marry or enter into a civil partnership in the UK within 6 months of arriving; or

• The applicant has been in a relationship for at least 2 years, but they cannot live together, for example, because they are studying or working in different places, or it is not accepted in their culture

The applicant’s children must:

• be aged under 18

• live with a parent, unless they are living away from home in full-time education - for example, at boarding school or university

• not be married or in a civil partnership 

If the applicant’s partner or children aged under 18 are already in the UK

They will each have to make a separate application to stay in the UK as a stateless person if all of the following apply:

• They are not recognised as a citizen of any country; and

• They are not able to live permanently in any other country

Otherwise, they will be able to stay in the UK as the applicant’s dependant.

If the applicant’s partner or children aged under 18 are outside the UK

Once a person's application as a stateless person has been approved, their partner or children under 18 will need to apply for a visa to travel to the UK to join them.

How can Visa and Migration help?

Our team at Visa and Migration provides you with legal advice to make a successful application for permission to stay in the UK as a stateless person. Given the legal and evidential complexity involved in establishing your statelessness, we help you with proving your statelessness after interpreting the nationality laws of your country of habitual residence. We also help you demonstrate your inadmissibility to other countries. 

Our in-depth understanding of both the UK’s immigration policy and relevant international laws, such as the UN 1954 Convention Relating to the Status of Stateless Persons, will benefit you the most. 

We offer you

Initial consultation to assess your statelessness eligibility;

• Assisting in preparing your application for permission to stay and gathering required evidence;

• Making legal analysis and presentation of facts related to your nationality and documentation;

• Drafting legal representations for your case to the Home Office;

• Advising and representing you in interviews conducted by the Home Office;

• Where required, liaising with embassies and relevant authorities;

• Advising you on matters like outstanding asylum claims, DL (Discretionary Leave), or AR (Administrative Review) if your application is refused;

• Representing your family members in their applications, and preparing your settlement applications after the statutory residence period.

For expert one-to-one advice and queries on an application for permission to stay as a stateless person in the UK, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com