Law, policy and practice on statelessness in the UK is mixed. There have been some recent positive developments, such as the introduction of a statelessness determination procedure (SDP) in 2013, and the UK is party to most relevant human rights treaties. It also has safeguards in place to prevent statelessness in most cases. But there are significant gaps. The UK is not party to the European Convention on Nationality, does not consider statelessness as a protection issue, does not provide for a time limit on detention, and the definition of a stateless person in UK law contains exclusion criteria that go beyond the 1954 Convention.
The UK SDP allows some people to have their statelessness recognised and acquire residence and socio-economic rights with a route to naturalisation. But, as well as the exclusion clauses, there are procedural obstacles, such as a lack of legal aid in some jurisdictions, limited appeal rights, a high standard of proof, and applicants have few rights and in practice may be detained while in the procedure although this is unlawful if detention is for the purposes of removal but removal is not imminent. Statelessness is not always considered a juridically relevant fact in decisions to detain, and the lack of sufficient procedural safeguards, including no time limit, leads to repeated and/or lengthy detention in some cases. Safeguards are in place in British nationality law to prevent statelessness in the case of most children born in the UK or to British citizens abroad, but prohibitively high fees for registration and naturalisation (with no possibility of exemption or reduction) are a major barrier for stateless people to acquire British citizenship.
Cynthia Orchard, Asylum Aid and Judith Carter, Liverpool Law Clinic