How to make an application to remain in the UK as a stateless person
Dear Mr Bassie,
Please advise how a person can apply to remain in the United Kingdom as a stateless person.
JF
Dear JF,
Persons can apply to stay in the United Kingdom (UK) as a stateless person if both of the following apply:
• They are not recognised as a citizen of any country; and
• They are unable to live permanently in any other country.
Please note that those persons must currently be in the UK to apply.
If they cannot return to another country because they fear persecution there, they should first claim asylum. If they have already claimed asylum or have an outstanding human-rights claim, they must wait until they receive a decision. They will be able to apply to stay as a stateless person if it is refused.
HOW LONG CAN A PERSON STAY
Persons can normally stay in the United Kingdom for five years if they are given permission to stay. This is also known as ‘leave to remain’. When the permission to stay expires, they can apply to extend it or apply for settlement.
FAMILY MEMBERS
If the applicant has a partner or children under 18 years old with him/her in the UK, they too can also apply for permission to stay as a stateless person, so long as:
• They are not recognised as a citizen of any country;
• They are unable to live permanently in any other country.
Please note that they will need to make a separate application from them. Otherwise, they will need to apply for a family visa if they want to go to or stay in the UK.
DOCUMENTS THAT MUST BE PROVIDED
Persons must provide these documents if they have them:
• Current passport and other travel documents, such as visas;
• Official letters confirming your immigration status (with the reference number ASL.2150, ASL.2151 or ASL.2152);
• Birth certificate;
• Marriage certificates. They will also need to provide as many documents as they are able to prove that they are stateless.
These can include:
• Identity, immigration and travel documents;
• Documents that prove where they lived before arriving to the UK, for example, school certificates, medical records or sworn statements from neighbours;
• Documents from their applications for citizenship or requests for proof of nationality in other countries.
If persons think that they have the right to live in a country that is not the UK, they will also need to show that they have tried to get nationality of that country. Persons should read online the full list of documents that can be provided.
APPLY
Persons must apply online for permission to stay in the UK as a stateless person or to extend their permission to stay. Please be aware that it does not cost anything to apply.
Applicants will be asked to make an appointment at a Service and Support Centre to provide their biometric information (fingerprints and a photo) and have their supporting documents checked.
Persons should be aware that they may be able to get housing and money to support themself and their family while they are waiting to find out if they will be given permission to stay.
Please note that unsuccessful applicants can request an administrative review if they are not given permission to stay.
Good luck!
John S. Bassie is a barrister/ attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Courtappointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com