High Court Reviews Family Reunion Rules for Stateless People

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High Court Reviews Family Reunion Rules for Stateless People

Statelessness Legal Challenge: High Court Reviews Family Reunion Rules for Stateless People

In January 2024, changes to the UK immigration rules brought family reunion for stateless individuals under Appendix FM, disregarding the unique challenges faced by stateless people. Asylum Aid, a leading charity advocating for refugee and stateless person rights, has launched a legal challenge against these changes in the High Court. This blog explores the implications of these rule changes, the history of stateless family reunion rules, and the legal battle for fair treatment.

The Former Statelessness Family Reunion Rules

Prior to January 31, 2024, the UK immigration rules under Part 14 recognized the unique vulnerabilities of stateless individuals. Family members of stateless persons could apply for leave to remain in the UK without the financial and procedural hurdles faced by others under Appendix FM. Key features included:

• Free Applications: No fees or immigration health surcharge.
• Simplified Requirements: Proof of relationship sufficed.
• Direct Path to Settlement: Statelessness leave was granted for five years, leading to indefinite leave to remain without further costs.

This framework reflected the precarious position of stateless individuals, who lack a nationality and face systemic denial of basic rights such as education, employment, and healthcare.

The New Rules Under Appendix FM

From January 31, 2024, family members of stateless people are required to apply under Appendix FM, with no accommodations for their unique circumstances. This introduces:

• Prohibitive Costs: Application fees (£1,846 outside the UK, £1,258 within the UK) and an immigration health surcharge (£1,035 per person annually).
• Minimum Income Requirements: Sponsors must demonstrate earnings of at least £29,000.
• English Language Proficiency: Many stateless family members, often from marginalized backgrounds, face barriers meeting this criterion.

Applicants unable to meet these requirements must rely on the “exceptional circumstances” provision, a process fraught with onerous documentation and uncertainties. Even if successful, they are placed on a 10-year settlement route with renewals required every 30 months, compounding financial and emotional burdens.

The Legal Challenge by Asylum Aid

The changes to stateless family reunion rules were part of a broader simplification of immigration rules, formally introduced in December 2023. Despite consultations since 2022, the sweeping changes faced significant opposition from key stakeholders, including Asylum Aid and the UNHCR.

In July 2024, the High Court granted Asylum Aid permission to challenge these rules. The judicial review, starting January 21, 2025, is based on four key grounds:

1. Equality and Discrimination: Failure to account for statelessness as a protected characteristic under the Equality Act 2010.
2. Impact on Children: Breach of Section 55 of the Borders, Citizenship and Immigration Act 2009, due to insufficient consideration of the harm to children.
3. International Obligations: Non-compliance with obligations to reduce statelessness and promote integration.
4. Irrationality: Treating stateless individuals the same as British citizens or other sponsors ignores their uniquely vulnerable status.

Advocacy and Legal Representation

Asylum Aid, with a long-standing commitment to stateless individuals, collaborates with pro bono lawyers from Freshfields LLP, alongside expert counsel from Garden Court Chambers. Witness statements from the Liverpool Law Clinic and Islington Law Centre further support the case.

The organization also provides critical training and policy advocacy to address statelessness challenges. Practitioners can access updated training modules on the Free Movement website, offering guidance on making statelessness applications.

Conclusion

The changes to the stateless family reunion rules risk further marginalizing already vulnerable populations. Asylum Aid’s legal challenge seeks to restore fairness and dignity to stateless individuals seeking family unity in the UK. The outcome of this case could have far-reaching implications for the rights of stateless people and the UK's compliance with international obligations.

For more insights and updates, visit Worldwide Immigration’s blog or contact our experts for tailored advice on immigration matters.