By Asylum Aid, et al.

 Stateless people are not considered as a national by any State under the operation of its laws, and many have no right to live in any other country. The protection of stateless people living in the UK is an obligation under two post Second World War UN Conventions which the UK has agreed to implement1 and in 2013 the UK government introduced a statelessness determination procedure through which stateless people can gain recognition and regularise their status. However, protection continues to fall short both because stateless people face barriers to recognition, and because protections for those recognised are insufficient. Some recent changes have further reduced protection. Many people in British communities right across the UK are stateless or at risk of statelessness. Most are migrants, who are often forcibly displaced and some are children born in the UK to non-British parents. They are left in legal limbo, vulnerable to discrimination, poverty, and exploitation.2 They cannot work and are often denied access to essential services, including healthcare. While many of these issues overlap with those faced by others without immigration status, stateless people without a right to reside in any country face distinctive problems in resolving their status. Neither the 1954 nor 1961 Statelessness Conventions have been fully incorporated into domestic law which feeds into key policy and legal problems that create barriers to stateless people accessing protection and rights. These include: ● Problems with the statelessness determination procedure: Statelessness is inherently difficult to prove, and wrongly refusing someone recognition and the status that entails has grave consequences. Nonetheless, the current determination procedure contains excessive barriers to recognition, and has too few safeguards on decision-making. There is no right of appeal, and applicants are refused without interview and can be refused permission to stay on grounds which apply to non-stateless migration routes. All of this contributes to years of delays in decision-making for stateless people. ● Poor access to legal advice: Stateless people face huge barriers to accessing legal advice. In England and Wales, statelessness is not in scope for legal aid. However, even across jurisdictions where it is in scope, as it is in Scotland, there exists a UK  wide crisis in legal aid provision, including poor rates of remuneration, complex bureaucracy and large advice deserts. ● Detention: Because they exist in legal limbo and are often unidentified, stateless people are at disproportionate risk of long and arbitrary detention, which compounds the limbo and uncertainty central to their lives. Immigration detention in the UK has no time limit, and relatively few procedural safeguards, and statelessness is often not considered in detention decisions, despite the obvious impact which having no nationality has on the likelihood of a stateless person being admitted to another country. ● Limited access to family reunification: Changes made to the Immigration Rules in January 2024 have made it significantly more onerous for stateless people to be joined by their family members. ● Barriers to Citizenship: Some children born in the UK to non-British parents are left at risk of statelessness because Home Office decision-makers have wide discretion to deny them citizenship.3 Further, citizenship fees are too expensive, sometimes prohibitively so, but there is no fee waiver for adults. The 1961 Convention does not permit any fees to be charged for children’s citizenship applications, yet although fee waivers are available for children in principle, the process for obtaining a fee waiver for children is excessively onerous. This both places people at risk of statelessness, and prevents those recognised as stateless from finally accessing citizenship.     

Jesuit Refugee Service UK, Asylum Aid, the University of Liverpool Law Clinic, the European Network on Statelessness, and JustRight Scotland : 2025. 11p.