Immigration Rule Changes for Stateless Applicants

Stateless child

The Stateless applicants are considered under Part 14 of the immigration rules paragraph 401 to 416 which sets put the rules and requirements in detail.

The key change that is being introduced,  increase the initial period of leave for those who qualify from 30 months to five years’ limited leave, after which they can apply for settlement. It is also now required that, in order to qualify for stateless leave, the applicant must show that they cannot acquire a nationality or a right to permanent residence in another country to which they may be entitled. This may be problematic in most cases to prove the negative.  It is also worth noting that applications for stateless leave will be refused where a person does not provide sufficient evidence that they have taken such steps, even if they are technically ‘stateless’ because they do not hold a nationality at the time of their application. There are also other minor changes in respect of family members.

The rules are made stricter to avoid abuse and to prevent applications from those  who can acquire the nationality of another country but choose not to. The changes are unlikely to impact the registering for British citizenship under nationality act.

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