What is stateless leave in the UK?
Stateless leave is permission to stay in the UK for people who are not recognised as a citizen of any country and cannot live permanently anywhere else. It is granted for 5 years, is free to apply for, and leads to settlement (indefinite leave to remain).
You must be in the UK to apply (GOV.UK). The rules sit in Appendix Statelessness of the Immigration Rules, which replaced the old Part 14 on 31 January 2024. The rules for partners and children changed again on 11 November 2025 (Home Office caseworker guidance).
This guide covers who qualifies, the evidence the Home Office expects, what you get if granted, and what to do if you are refused. All rules are taken from GOV.UK and were checked on 13 November 2026.
Who counts as a stateless person under UK rules?
A stateless person is someone who is not considered as a national by any state under the operation of its law. This is the definition in Article 1(1) of the 1954 UN Statelessness Convention, used in paragraph S 3.1 of Appendix Statelessness.
What matters is how a country’s law and practice actually treat you, not just what its nationality law says on paper. People can become stateless because of:
- gaps or conflicts between the nationality laws of two countries
- discrimination in nationality law, for example against an ethnic group
- the break-up of a state, such as the former Soviet Union or Yugoslavia
- losing or renouncing a nationality without gaining another
- birth in a country that does not grant nationality by birth, to parents who cannot pass on theirs
Having no passport does not by itself make you stateless. You may still be a national of a country that has simply not issued you a document.
Stateless leave or asylum?
If you cannot return to another country because you fear persecution there, you should claim asylum first. If you already have an asylum or human rights claim outstanding, you must wait for that decision. You can apply as a stateless person if it is refused (GOV.UK). See our Asylum Applications page.
Who is eligible for stateless leave?
The Home Office applies a three-stage test: validity, suitability and eligibility. You must pass all three (caseworker guidance).
| Stage | What you must show | Rule |
|---|---|---|
| 1. Validity | You applied on the correct online form, gave biometrics when asked, established your identity, and are in the UK | S 1.1–S 1.2 |
| 2. Suitability | You are not refused under Part Suitability (for example, serious criminality or deception) and are not excluded from the 1954 Convention | S 2.1–S 2.3 |
| 3. Eligibility | You are stateless, and you have taken all reasonable steps but failed to get nationality or permanent residence in any relevant country | S 3.1–S 3.4 |
The “reasonable steps” test
This is where most applications succeed or fail. You must show you have taken all reasonable steps, but still failed, to acquire or re-acquire nationality, and to gain a right of permanent residence in any relevant country (Appendix Statelessness, S 3.2). A relevant country is usually one where you were born, lived, or have family ties.
You must also submit all reasonably available evidence. An unsupported statement that you are stateless is not enough (caseworker guidance).
Who is excluded
You can be excluded even if you have no nationality, for example if you:
- live in a country where you have, in practice, the same rights as its nationals (the habitual residence exclusion)
- already receive protection or assistance from a UN agency other than UNHCR
- are seriously suspected of war crimes, crimes against humanity or other serious crimes
If you are refused on suitability grounds but are genuinely stateless and cannot be removed, the Home Office may still consider permission outside the rules.
Evidence you need for a stateless leave application
The burden is on you to prove you are stateless, so gather as much evidence as you can. GOV.UK asks for these documents if you have them (GOV.UK):
- your current passport and other travel documents, such as visas
- official Home Office letters about your immigration status (reference ASL.2150, ASL.2151 or ASL.2152)
- your birth certificate and any marriage certificates
- identity, immigration and travel documents from any country
- proof of where you lived before the UK, such as school certificates, medical records or sworn statements from neighbours
- records of your applications for citizenship, or requests for proof of nationality, made to other countries
The last item is often the most important. Copies of letters to embassies, and their replies (or proof that they did not reply), show the “reasonable steps” the rules require.
How to apply for stateless leave
- Check you are in the UK. You cannot apply from abroad.
- Decide whether asylum comes first. If you fear persecution, claim asylum instead.
- Apply online. Use the GOV.UK form for permission to stay as a stateless person, form FLR(S) (GOV.UK).
- Give your biometrics. You will book an appointment at a Service and Support Centre for fingerprints, a photo and a check of your documents.
- Wait for the decision. GOV.UK does not publish a standard processing time for this route.
It does not cost anything to apply (GOV.UK). If you already hold another visa, apply up to 28 days before it expires; earlier applications are normally held until then (caseworker guidance). While you wait, you may be able to get housing and money through asylum support.
What you get with stateless leave
If granted, you get 5 years’ permission to stay, with the right to work, study and access public funds (Appendix Statelessness, S 5.1–S 5.2). Some postgraduate study in sensitive subjects needs an ATAS certificate.
| Feature | Stateless leave |
|---|---|
| Length of leave | 5 years |
| Application fee | £0 |
| Work and self-employment | Allowed |
| Study | Allowed (ATAS rules apply) |
| Public funds | Allowed |
| Settlement | After 5 continuous years |
| Travel | Home Office travel document for stateless people |
Stateless people with permission to stay, or settlement, can apply for a Home Office travel document to travel abroad.
Bringing your partner and children
Since 11 November 2025, a partner or child can apply under Appendix Statelessness if they were part of your family before you were granted stateless leave (Home Office caseworker guidance). This followed a High Court ruling that quashed the previous dependant rules.
- Family already in the UK can stay as your dependants, or apply in their own right if they are stateless too.
- Family outside the UK apply for a visa to join you once you are granted.
- Family formed after your grant must apply under the family rules in Appendix FM, which carry a fee and a financial requirement (GOV.UK).
Settlement after 5 years
You can apply for indefinite leave to remain after 5 continuous years in the UK with stateless permission. Apply online in the month before your permission expires (GOV.UK).
If you have less than 5 years as a stateless person, you can count time on other routes that lead to settlement, as long as you have held stateless permission for at least 1 year immediately before applying (Appendix Statelessness, S 8). Our Settlement / ILR team can check your timeline.
What if your stateless leave application is refused?
A refusal of stateless leave carries no right of appeal to the tribunal. The challenge route is an administrative review, which you can request if you are in the UK (GOV.UK).
- Administrative review: asks the Home Office to check whether a caseworker made an error. See our Administrative Review page.
- A fresh application: if you can now provide evidence that was missing, such as replies from embassies.
- Judicial review: if the decision is unlawful and administrative review has not fixed it. See our Judicial Review page.
- A human rights claim: if removal would breach your right to private or family life. See our Human Rights Applications page.
How Adam Bernard Solicitors can help
Our SRA-regulated immigration solicitors in London help stateless people build strong applications. We assess whether stateless leave, asylum or another route fits your case, help you contact embassies to evidence the “reasonable steps” test, prepare your statement and document bundle, and challenge refusals.
We work with clients from our High Holborn and Upton Park offices, and by video call on Zoom, Teams, WhatsApp or Skype.
Call 0207 100 2525 (24/7) or book an appointment to speak to an immigration solicitor about stateless leave.
