Stateless Application Solicitors
Article 1(1) of the 1954 Convention sets out the definition of a stateless person: ‘For the purpose of this Convention, the term ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law.’
Unlike other immigration applications, in a stateless application the burden of proof is to prove a negative – to put it simply the applicant has to prove that being stateless means that they do not have a country of nationality and no government will take responsibility for them.
In April 2013, the UK incorporate a new procedure under the Immigration rules to enable stateless persons to be formally determined as stateless, and to be granted leave to remain where they had no other right to remain under the rules but could not be removed to the country of former habitual residence.
The requirements for leave to remain in the United Kingdom as a stateless person are that the applicant:
Has made a valid application to the Secretary of State for limited leave to remain as a stateless person;
Is recognised as a stateless person by the Secretary of State in accordance with paragraph 401
Is not admissible to their country of former habitual residence or any other country
Has obtained and submitted all reasonably available evidence to enable the Secretary of State to determine whether they are stateless.
Children born in the UK have a right to register as British citizens after living here for a continuous period of five years. The High Court, on 14 June 2017, has ruled, in MK v SSHD  that in certain conditions a stateless child can obtain British citizenship by right under the British Nationality Act 1981.
The case involved a child (MK) born in the UK in November 2010. Her parents were both nationals of India. MK had made an application for registration as a British citizen under Schedule 2 of the British Nationality Act 1981. Under Schedule 2, paragraph 3 of this act a child or young person born in the UK can be registered as a British Citizen if the following conditions are met:
She or he must be born in the UK
Is and always have been stateless
Be under the age of 22 on the date of the application
Living in the UK at the time of applying to register
And at the date of application have spent the last five years living in the UK
020 8570 7300
Haris Ali Solicitors are very experienced in making successful British citizenship applications, please contact us immediately in order to seek advise and assisting you in the process of collating the necessary evidence to make the process as simple as possible.
Haris Ali Solicitors can help.
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Whatever your legal requirements, our Immigration Law solicitors are on hand to provide you with clear, informed and professional advice.
Why not call us today on 020 8570 7300 to arrange your no obligation consultation?
We Support You All The Way
Our solicitors have extensive expertise in this field and can assist you and your family, preparing and submitting your stateless application and providing you with expert legal representation throughout the process.
If your claim is refused and you need to appeal we will ensure that your case is presented at Court with the highest standards of expertise. At Haris Ali Solicitors, we will make sure that you have all the required advice and assistance from our specialist lawyers and Barristers so as to ensure you have the best possible chance of success.
Put simply, our immigration solicitors will guide you throughout the process, liaising with all relevant government bodies, including UK Visas and Immigration, British Consulate, overseas agents and where necessary the courts.
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