Legal update – 9 October 2026

This article was first published on 20 January 2025, before the High Court decided Asylum Aid’s challenge. We have kept it as a record of the case at that time. The law has changed since then, so please read this update first.

What the High Court decided

On 14 February 2025, the High Court gave judgment in R (Asylum Aid) v Secretary of State for the Home Department [2025] EWHC 316 (Admin). Mr Justice Jay found that the January 2024 changes, which required family members of stateless people to apply under Appendix FM, were unlawful. The claim succeeded on three of its four grounds: the public sector equality duty, the duty to safeguard and promote the welfare of children under section 55 of the Borders, Citizenship and Immigration Act 2009, and irrationality. It failed on the ground based on the UK’s international obligations to stateless people.

The Home Office has since confirmed that the court quashed those changes as they applied to dependants, and that until the changes below took effect it considered dependants’ applications under the earlier Part 14 rules.

What has changed since

From 11 November 2025, changes to the Immigration Rules (Statement of Changes HC 1333) and to the fee regulations mean that a partner or child of a stateless person can apply under Appendix Statelessness, either for entry clearance from outside the UK or for permission to stay from inside the UK, as long as they were part of the family unit before the stateless person was granted permission to stay. There is no application fee for these entry clearance and permission to stay applications. Applicants still need to meet the partner or child requirements of the route.

A child born after the stateless person was granted permission can also apply under Appendix Statelessness, if they are that person’s child and their other parent is applying for, or has, permission on the statelessness route.

The route can also remain open where the stateless person has since settled in the UK or become a British citizen. Subject to the relevant requirements, this applies if they had permission on the statelessness route when they settled, and the partner or child had permission as their partner or child at that time or, in the case of a child, was born in the UK before they settled.

Other partners and children, whose relationship with the stateless person began after the grant of permission and who do not fall within these provisions, cannot use Appendix Statelessness. They may need to apply under Appendix FM instead, where the application fee applies unless a fee waiver is granted. The Immigration Health Surcharge may also be payable.

The fees in this article

The application fees and health surcharge quoted below were the Appendix FM figures reported when this article was written. They do not apply to entry clearance or permission to stay applications by partners and children who qualify under Appendix Statelessness, and Appendix FM fees have changed since. Check the current position on GOV.UK before you apply.

Sources

If you are the partner or child of a stateless person, or you have permission to stay as a stateless person and want your family to join you, our immigration advisers can check which route applies and what it will cost. Worldwide Immigration Ltd is regulated by the Immigration Advice Authority (IAA reference F201900032). Call 020 3488 2308 or contact us online.

This update is general information, not legal advice.

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.