15 | Training handbook . Statelessness 1. Introduction 2. Guidance 3. Legal context 4. Research strategy (...) For instance, family law or other child protection law establishes guidelines for marriage, divorce, adoption, the age at which a person is deemed an adult, as well as other issues pertaining to civil status documents and nationality confirmation. 5. Appendices 3.4 Statelessness Status in the UK: Part 14 of the UK Immigration Rules The UK ratified the Convention Relating to the Status of Stateless Persons in April 1959. The responsibility of the United Nations High Commissioner for Refugees The process by which the law is to be implemented (UNHCR) is to collaborate with governments in an will typically be outlined in policies and administrative effort to deter and minimise statelessness, while also frameworks or documents, which can take the form of identifying and providing protection to those individuals guidelines, protocols, procedures, etc. who are without a state. Statelessness is addressed specifically under Part 14 of the UK Immigration Rules,28 which was introduced in April 2013. What does this mean for COI research? According to Home Office guidance, this procedure In practical terms, this means that people conducting allows: COI research should: Stateless persons to be formally determined as stateless and granted leave to remain where they have no other right to remain under the rules but cannot leave voluntarily or be removed from the UK because they have no right of permanent residence in their country of former habitual residence or in any other country.29 • Establish whether a country of habitual residence is a signatory to the 1954 Convention on the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness • Seek information on whether and how statelessness is defined in the domestic law of the country of When applying for statelessness leave to remain in habitual residence the UK, applicants must provide substantial evidence Seek to understand whether and how different to support their statelessness application, including stateless individuals or groups, or those at risk of information about their status in their country of origin. statelessness, within a country are recognised as The Home Office will use this information to assess the stateless by the authorities, and if they are not applicant's situation and determine if they meet the recognised as stateless, why not and keep in mind criteria for leave to remain as a stateless person. that statelessness may not be the way their legal status is always described. They may consider Since statelessness is a nationality category, it can be themselves or to be considered by the state to be relevant in other contexts, not just immigration leave to undocumented nationals or other similar categories. remain applications. A stateless person who has leave to remain in the UK can request a Stateless Person’s Travel Establish whether members of a stateless group Document; stateless children born in the UK can apply identify themselves as stateless, and if not, why not. to register as British; identifying statelessness may be Set out which groups of stateless, and/or groups at relevant to a decision to detain; it may be a ground for risk of statelessness may be relevant to include within revoking a deportation order and of course a decision the scope of the research. to deprive a British citizen of nationality must consider whether the person could be left stateless. This section only addresses the immigration procedure. • • • 28. UK Home Office Immigration Rules Part 14, Section 401-416: stateless persons, 25 February 2016 29. Home Office Stateless Guidance. [v3.0 of 1st November 2019], p.5 © Asylos, 2023 Back to contents