18 | Training handbook . Statelessness 1. Introduction 2. Guidance 3. Legal context (...) 4. Research strategy 5. Appendices Evidence At the end of the five years they can make a free application for Indefinite Leave to Remain in the UK. If Part 14 requires an applicant to have ‘obtained all this application is successful they can apply for British reasonably available evidence’ of their statelessness. citizenship after one year of holding indefinite leave and Applicants will need to provide evidence of gather: all other requirements for naturalisation are met. • • Their own personal circumstances. This will General grounds for refusal include their immigration history, their family, their documentation, membership of a minority group, A person can be refused if they fall under Part 9 of the etc. immigration rules, general grounds for refusal. Under The law and practice of the relevant country/ this provision they can be refused for reasons such as: countries. • A criminal record An applicant is also required to show that they have ‘sought and failed to obtain or re-establish their nationality with the appropriate authorities of the relevant country’. This will include evidence that they have: • • • • Making false representations in a previous application Previous breaches of immigration rules Debt to the NHS Rough sleeping • Approached the relevant authorities (usually the Refusal of leave to remain Embassy or High Commission in the UK) to ask for recognition as a national. If the application is unsuccessful, the Home Office may • Done all they can to secure evidence of their lack of provide reasons for refusal, such as a lack of evidence to nationality. This can include writing to authorities, prove statelessness, the applicant's eligibility to reside hospitals, schools and churches in their country of in another country, or national security concerns. There is no appeal against a refusal. An applicant can ask for origin to seek confirmation of their residence. Administrative Review if there has been a caseworking error. The only other remedy is Judicial Review. Part 14 statelessness leave If an application is successful the applicant is granted 5 years leave to remain in the UK. They are given the right to work, to claim benefits and to access homelessness assistance and student loans. They also are given access to the NHS, however it should be noted that any debts accrued while the person did not have leave to remain are not wiped, unlike refugees. © Asylos, 2023 Leave outside the rules A person can be recognised as stateless but still be refused leave to remain under Part 14, for instance if they have a criminal record with a sentence of over 12 months. In that case they may be granted discretionary leave outside the rules because they cannot be removed as ‘there is nowhere to remove them to’. See the Home Office Stateless Guidance [p.24, v3.0 of 1st November 2019]. Back to contents