school certificates, diplomas and degrees, the remission of fees and charges and the
award of scholarships.
30. Those who are granted leave to remain as stateless persons (and their family members) do
not qualify for student finance (home student fees and student loans to cover fees and basic
living costs for university education). For most stateless young people, accessing university
education, with fees of approximately £9,000 per annum, is not possible. It is not until
indefinite leave is granted and three years' lawful residence completed that most stateless
persons become eligible for student finance. This has harsh consequences for some stateless
young people. For example, the Home Office refused indefinite leave to remain (which would
have facilitated access to the necessary Government loan) to a young woman recognised as
stateless who was applying to University. Because the 1954 Convention is not incorporated
into UK law, the court upheld the Government’s decision in judicial review proceedings. The
UK could have amended the relevant education finance regulations to include stateless
persons and their family members in May 201666 when making amendments extending the
benefits of student finance to young people with long residence in the UK.67 However, the
Government did not include stateless persons in the amendments.
31. The UK’s treatment of stateless persons in need of housing assistance also contravenes the
1954 Convention, Article 21, which provides that States shall treat ‘stateless persons lawfully
staying in their territory’ favourably (and in line with others generally in the same
circumstances) with respect to housing. Persons who are permitted to have recourse to public
funds in categories other than statelessness (such as those granted refugee status or
humanitarian protection) can access housing assistance (when otherwise eligible). In contrast,
persons granted statelessness leave can access welfare benefits, but they are not eligible for
housing assistance.
Preventing statelessness through acquisition of British nationality
32. The 1954 Convention, Article 32, requires States to ‘facilitate the assimilation and
naturalization of stateless persons … [and] in particular make every effort to expedite
naturalization proceedings and to reduce as far as possible the charges and costs of such
proceedings.’ Additionally, the 1961 Convention requires that States grant nationality to
persons born in their territory ‘who would otherwise be stateless’,68 and the CRC requires that
States guarantee the right of children to acquire a nationality, particularly ‘where the child
would otherwise be stateless’. 69
66
As part of the Education (Student Fees, Awards and Support) (Amendment) Regulations 2016 (2016 No. 584)
http://www.legislation.gov.uk/uksi/2016/584/introduction/made.
67
Seven year's residence if starting their course at an age of less than 18, or half their life or twenty years if
starting the course at the age of 18 or older.
68
Article 1. See subsections of Article 1 for permitted conditions to this provision.
69
Article 7 of the CRC states:
1. The child shall be registered immediately after birth and shall have the right from birth to a name, the
right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her
parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law and
their obligations under the relevant international instruments in this field, in particular where the child
would otherwise be stateless.
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