16 | Training handbook . Statelessness 1. Introduction 2. Guidance 3. Legal context 4. Research strategy (...) Key aspects of Part 14 of the UK Immigration Rules: Application process: Stateless people can apply for leave to remain in the UK by submitting an online application to the Home Office under Part 14 of the immigration rules. At present the Home Office requires each family member to make their own application. They must provide substantial evidence of their identity, and statelessness, as well as any reasons why they cannot be admitted to another country. 5. Appendices However, in such cases, there may be other states in the region (or elsewhere) with which the applicant may be linked and where nationality may have been acquired. In addition, in relation to Palestine, the applicant may be excluded from recognition as a stateless person under Rule 402(a). [See Exclusions on the next page] It will not be difficult in most instances to determine which country or entity is a ‘state’ and which is not, but for the purposes of this guidance, a ‘state’ is one recognised as such by the UK. This is regardless of the effectiveness of its government. A state which loses an effective central government because of internal conflict will nevertheless remain a ‘state’ for the purposes of Article 1(1) for as long as it remains recognised as such by the UK. Definition of a Stateless Person: Para 401 of Part 14 of the UK Immigration Rules adopts the definition of a stateless person found in the 1954 Statelessness Convention, which defines a stateless person as someone who is not considered as a national by any State under the operation of its law. Para 401(c) states that the applicant must not be excluded from Determining nationality under operation of state laws recognition as a stateless person under para 402. The Home Office breaks down this definition in its stateless leave guidance and it is also worth noting this instruction incorporates guidance based on the UNHCR's 2014 Handbook on Protection of Stateless Persons, albeit not in its entirety. In instances where disparities exist between this instruction and the handbook, the directives outlined in this instruction should be adhered to.30 ‘The guidance in this instruction below is drawn from the UNHCR guidelines, set out in its 2014 Handbook on Protection of Stateless Persons, although it does not follow those guidelines in every respect. Where there are differences, this instruction must be applied.’ Applying the ‘not considered as a national’ element It is only necessary to consider states with which an individual may be linked, whether by birth on the territory, descent, marriage, through a child or habitual residence. In some instances, consideration of this element alone may be decisive, if the only country or entity to which an individual has a relevant link is not recognised as a state, for example, Palestine. An understanding of the laws of nationality and their administration in practice in the applicable state (or states) concerned is required when considering whether a person is stateless. You must refer to relevant published COI, consider whether a request should be made to CPIT and, where appropriate, to the FCO, where further information is required to make an informed decision. Those not considered as nationals under state law and practice The law and practice of determining nationality can be complex. The following paragraphs, drawn from the UNHCR Handbook on Protection of Stateless Persons, highlight the main elements in establishing nationality, or the lack of it. The reference to ‘law’ in Article 1(1) should be read broadly to encompass not just legislation, but also ministerial decrees, regulations, orders, judicial case law (in countries with a tradition of precedent) and, where appropriate, customary practice. 30. Home Office Stateless Guidance. [v3.0 of 1st November 2019], pgs. 18-19 © Asylos, 2023 Back to contents