ILR As A Stateless Person: Your Complete Guide to Settlement in the UK

If you’ve been living in the UK as a stateless person for five years, you might be wondering what comes next. The good news is that you can apply for indefinite leave to remain (ILR), which gives you the right to stay in the UK permanently without any time restrictions. This guide will walk you through everything you need to know about applying for ILR as a stateless person, from understanding the requirements to submitting your application.

What Does It Mean to Be a Stateless Person in the UK?

Being stateless means you’re not recognised as a citizen by any country in the world. This can happen for various reasons perhaps the country you were born in no longer exists, or you were denied citizenship due to discrimination or changes in nationality laws.

In the UK, stateless persons have a specific immigration route that’s different from refugee status. While refugees are fleeing persecution, stateless individuals simply have no nationality to claim. The Home Office recognises this unique situation and provides a pathway to settlement through the stateless person route.

Can You Apply for ILR As A Stateless Person?

Yes, you can apply for ILR as a stateless person once you’ve completed five years of continuous residence in the UK with valid leave as a stateless person. This is your route to permanent settlement and eventually British citizenship if you choose to pursue it.

The key thing to remember is that your five years must be continuous, and you must have held leave as a stateless person throughout this entire period.

Requirements for Indefinite Leave to Remain As A Stateless Person

Immigration Rules Paragraph 407 Explained

The requirements for ILR as a stateless person are set out in paragraph 407 of the Immigration Rules. To qualify, you must:

• Make a valid application to the Secretary of State for indefinite leave to remain as a stateless person
• Have been last granted limited leave to remain under paragraph 405 of the Immigration Rules
• Have spent a continuous period of five years in the UK with leave to remain as a stateless person
• Continue to meet the requirements of paragraph 403

These requirements might sound complicated, but they’re essentially checking that you’ve maintained your status properly and continue to be genuinely stateless.

What Is Continuous Residence for Stateless Persons?

Continuous residence means you’ve lived in the UK for five years without any significant breaks. The Home Office allows some absences, but you generally shouldn’t be outside the UK for more than 180 days in any 12-month period during your five years.

Here’s where things can go wrong. Let’s say Maria had been in the UK as a stateless person since 2017. In 2020, she left the UK for seven months to care for a sick relative. When she applied for ILR in 2022, her application was refused because she’d broken her continuous residence. She had to start her five-year clock again.

If you need to travel, always check how long you can be away without affecting your ILR application. Keep records of all your absences with dates and reasons.

Meeting Paragraph 403 Requirements

Paragraph 403 sets out the initial requirements for being recognised as a stateless person. You must continue to meet these throughout your five years and when you apply for ILR:

• You must be recognised as stateless – meaning no country recognises you as a citizen
• You must not be able to acquire any other nationality
• You must be unable to return to the country of your former habitual residence

If your circumstances change and you acquire a nationality, you would no longer meet these requirements and wouldn’t qualify for ILR as a stateless person.

How to Apply for ILR As A Stateless Person

Step-by-Step Application Process

Applying for ILR as a stateless person involves several steps:

• Check your eligibility – Make sure you’ve completed five years and meet all the requirements
• Gather your documents – Collect all the evidence you’ll need (more on this below)
• Complete the SET(SP) form – This is the application form for settlement as a stateless person
• Pay the Home Office fee – Currently £2,885 for most ILR applications
• Book your biometric appointment – You’ll need to provide your fingerprints and photograph
• Submit your application – Either online or by post, depending on the service you choose

Many people find it helpful to work with immigration solicitors in Manchester who understand the complexities of stateless person applications.

Documents You’ll Need for Your ILR Application

Getting your documents right is crucial. You’ll typically need:

• Your current biometric residence permit
• Passport or travel documents (if you have them – we understand stateless persons often don’t have passports)
• Proof of continuous residence for five years (tenancy agreements, utility bills, bank statements, employment records)
• Evidence of your stateless status
• Life in the UK test certificate
• Proof of English language ability (if applicable)

The more evidence you can provide of your continuous residence, the stronger your application will be. Don’t just submit the minimum – include various types of documents covering the entire five-year period.

Common Reasons for ILR Refusal As A Stateless Person

Understanding why applications get refused can help you avoid the same mistakes:

Breaking continuous residence – This is the most common reason. Extended trips abroad or failing to maintain your leave can break your continuity.

Failure to maintain stateless person leave – If your leave expired at any point during the five years, even briefly, this can cause problems.

No longer meeting paragraph 403 – If you’ve acquired a nationality or can now return to your former country, you won’t qualify.

Criminal convictions – Serious criminal convictions can affect your application, depending on the nature and severity of the offence.

Incomplete documentation – Missing documents or insufficient evidence of continuous residence often leads to refusal.

If you’re concerned about any of these issues, it’s worth getting UK visas & immigration services advice before applying.

What Happens After You Get ILR As A Stateless Person?

Benefits of Having Indefinite Leave to Remain

Once you’re granted ILR, your life in the UK becomes much more stable:

• No time limits on your stay in the UK
• You can work in any job without restrictions
• You can study without needing special permission
• You have access to public funds and benefits
• You can use the NHS without paying the immigration health surcharge
• You can travel in and out of the UK freely (though be careful about long absences if you want to apply for citizenship later)

Applying for British Citizenship After ILR

After holding ILR for 12 months, you can apply for British citizenship through naturalisation. This gives you a British passport and full rights as a UK citizen. For stateless persons, this is often the final step in gaining a secure legal identity and the protection of UK nationality.

The naturalisation process has its own requirements, including demonstrating good character and continued residence in the UK. Many people who came to the UK as stateless persons eventually become British citizens, giving them the security and belonging they’ve been seeking.

How Long Does the ILR Application Take?

Standard processing times for ILR applications are usually around six months, though this can vary. The Home Office offers priority services if you need a faster decision:

• Priority service – Decision within 5 working days (additional fee applies)
• Super priority service – Decision by the end of the next working day (additional fee applies)

If your application is taking longer than expected, you can contact the Home Office for an update. Keep copies of all correspondence and note down reference numbers.

Cost of Applying for ILR As A Stateless Person

The financial side of ILR applications can be significant:

• Home Office application fee – £3,029 
• Priority service – £500 extra (if needed)
• Super priority service – £800 extra (if needed)
• Legal fees – Typically £800-£2,000+ depending on complexity
• Life in the UK test – £50
• English language test – Around £150-£200 (if required)

While these costs add up, remember that ILR is a one-time application that secures your permanent residence in the UK.

Do You Need a Solicitor for Your ILR Application?

You can apply for ILR yourself, but many people choose to work with immigration solicitors, especially if:

• You’ve had any gaps in your leave
• You’ve spent significant time outside the UK
• You have any criminal convictions
• Your circumstances are complex
• You’ve been refused before
• You want to ensure everything is done correctly the first time

A solicitor can review your case, identify potential issues before they become problems, and present your application in the strongest possible way. They’ll also prepare a detailed cover letter explaining how you meet all the requirements, which can make a real difference to how your application is assessed.

Need help with your ILR application as a stateless person? 

Our experienced immigration solicitors in Manchester can guide you through every step of the process. Call us today on 0161 464 4140 or book your consultation online.

Get Professional Help with Your Application

Applying for ILR as a stateless person is a significant step towards building your permanent life in the UK. While the process can seem overwhelming, with the right preparation and support, you can successfully secure your settlement.

If you’re approaching your five-year mark or are ready to apply now, don’t leave anything to chance. Our immigration law team in Manchester has helped many stateless persons successfully obtain ILR and move forward with their lives in the UK.

Call us on 0161 464 4140 or book an appointment to discuss your ILR application. We’ll review your case, identify any potential issues, and help you prepare a strong application that gives you the best chance of success.