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Determining Statelessness


In the United Kingdom, the rules on statelessness are set out in the British Nationality Act 1981 and the Immigration Rules. According to these rules, a person is considered stateless if they are not recognized as a national by any country.

If a person is found to be stateless in the UK, they may be eligible to apply for stateless leave to remain. This is a type of immigration status that allows the person to remain in the UK temporarily, usually for up to 30 months, while they try to obtain nationality in another country.

To be eligible for stateless leave to remain, the person must meet certain criteria, including:
• They must be stateless and not hold any other nationality or citizenship.
• They must have made reasonable efforts to obtain a nationality or citizenship from another country.
• They must be able to demonstrate that they are unable to leave the UK or return to their country of origin due to a lack of documentation or other compelling reasons.

If a person is granted stateless leave to remain, they will be entitled to work and study in the UK during the period of their leave. They may also be able to access certain public services, such as healthcare and housing.

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