Stateless Person Leave

403. The requirements for leave to remain in Jersey as a stateless person are that the applicant:

408. An applicant who meets the requirements of paragraph 407 may be granted indefinite leave to remain.

401. For the purposes of this Part a stateless person is a person who: (a) satisfies the requirements of Article 1(1) of the 1954 United Nations Convention relating to the Status of Stateless Persons, as a person who is not considered as a national by any State under the operation of its law; (b) is in Jersey; and (c) is not excluded from recognition as a Stateless person under paragraph 402.

(a) is at present receiving from organs or agencies of the United Nations, other than the United Nations High Commissioner for Refugees, protection, or assistance, so long as the person is receiving such protection or assistance;

(b) is recognised by the competent authorities of the country of his or her former habitual residence as having the rights and obligations which are attached to the possession of the nationality of that country;

(a) has made a valid application to the Minister for limited leave to remain as a stateless person;

(d) has obtained and submitted all reasonably available evidence to enable the Minister to make a recommendation for the purpose of the Minister’s determination whether the applicant is stateless.

405. An applicant who meets the requirements of paragraph 403 may be granted limited leave to remain in Jersey for a period not exceeding 30 months.

407. The requirements for indefinite leave to remain as a stateless person are that the applicant: (a) has made a valid application to the Minister for indefinite leave to remain as a stateless person; (b) was last granted limited leave to remain as a stateless person in accordance with paragraph 405; (c) has spent a continuous period of 5 years in Jersey with lawful leave, except that any period of overstaying for a period of 28 days or less will be disregarded; and

410. For the purposes of this Part a family member of a stateless person means his or her: (a) spouse; (b) civil partner; (c) unmarried partner with whom the person has lived together in a subsisting relationship akin to marriage or a civil partnership for 2 years or more; (d) child under 18 years of age who: (i) is not leading an independent life; (ii) is not married or a civil partner; and (iii) has not formed an independent family unit.

411. The requirements for leave to enter or remain in Jersey as the family member of a stateless person are that the applicant: (a) has made a valid application to the Minister for leave to enter or remain as the family member of a stateless person; (b) is the family member of a person granted leave to remain under paragraph 405 or 408; and (c) if seeking leave to enter, holds a valid entry clearance for entry in this capacity.

(b) is recognised as a stateless person in accordance with paragraph 401 by the Minister on a recommendation of the Minister;