Case study (based on casework experience of authors) A stateless person from a former Soviet country, Mr A, is not at risk of persecution, but he is not considered a citizen of his country of birth, or any other, and has no right to live anywhere. He has no documents proving his place of birth or former residence. He suffers from depression. He previously claimed asylum in the UK but was refused. He was homeless for several years after that. Eventually he applied to stay in the UK as a stateless person, under Part 14 of the Immigration Rules. He couldn’t find a legal adviser to assist him free of charge, so he made the application on his own. Two years later, the Home Office refused his application on the basis that he had not made enquiries with the authorities of his country of birth, but the Home Office caseworker made no enquiries with the authorities of his country of birth either. Mr A had no right of appeal against this refusal and did not apply for administrative review within the 14-day deadline because he did not understand the process and was extremely depressed. Weeks after the deadline, he consulted a solicitor who advised him that his case was not likely to succeed on judicial review, because he had not made a very strong application, and it was unlikely the High Court would find that there was a material error of law. The solicitor applied for Exceptional Case Funding and assisted Mr A to obtain evidence that he was stateless and to make a new application to stay in the UK as a stateless person. A year and a half after his second application, and 14 years after he first came to the UK, the Home Office granted him leave to remain in the UK as a stateless person. After 5 years, he will be eligible to apply for indefinite leave to remain, and a year later, naturalisation as a British citizen. Mr A has married Ms A, a refugee from a country whose nationality laws ban women from conferring their nationality to their children. She has recently been granted refugee status. They have 4 young children, all born stateless in the UK before Mr or Ms A had leave to remain. The children have a statutory entitlement to British citizenship at age 5 (because they were born stateless in the UK), or when one of their parents naturalises or becomes ‘settled’. If the children register while minors, citizenship applications for the family will cost a total of £6,708. The family is struggling financially but living very frugally and saving £25 per month towards citizenship application fees. At this rate, it will take them 22 years and 5 months to save up £6,725. Who is stateless in the UK? A child may be born stateless in the UK if neither parent passes on a nationality, for example because they are stateless themselves or their country’s laws do not allow women to confer nationality to their children. A relatively small number of stateless people immigrate to the UK or become stateless after arriving. Stateless persons living in the UK generally face a harsh reality. Most stateless people without permission to stay cannot leave the UK because no country will accept them. Without permission to stay in the UK, a stateless person is usually barred from renting accommodation, working, opening a bank account, and driving a car; and they may face difficulties accessing healthcare or getting married, amongst many other basic life activities. Some are separated from their families. They are vulnerable to destitution, depression, and exploitation. They are sometimes detained for years. Even after a stateless person is granted permission to stay in the UK, they face many barriers to full societal inclusion, such as not being eligible for some benefits or student loans and not being able to vote in any elections. What has the UK government done to address statelessness? As documented in the Statelessness Index, the UK fulfils some of its obligations under the 1961 Convention through the British Nationality Act 1981, which, for example, permits children born stateless in the UK to acquire British citizenship at age 5 and contains other safeguards against statelessness. The British Nationality Act also permits stateless persons to naturalise if they have had 5 years’ limited leave to remain plus 1 year of indefinite leave to remain and meet other naturalisation criteria. In 2013, the UK introduced a statelessness determination procedure in Part 14 of the Immigration Rules, through which persons may be recognised as stateless and granted leave to remain in the UK. Applicants who meet the requirements of the Immigration Rules will, since 6 April 2019, normally be granted 5 years leave to remain. This procedure partially complies with the object and purpose of the 1954 Convention. Why are reforms needed? Despite the progress that has been made, reforms are urgently needed because the current approach does not comply with international obligations and best practice. 2