stateless travel document

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How To Get A Travel Document For Stateless Persons

Published: November 2, 2023

Modified: December 28, 2023

by Tammara Brittain

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Introduction

Traveling is an exciting and enriching experience, providing us with the opportunity to explore new cultures, meet interesting people, and create lasting memories. However, for some individuals, obtaining the necessary travel documents can be a complex and challenging process. This is especially true for stateless persons, who do not possess a nationality and may face significant hurdles when it comes to securing travel documents.

Stateless persons are individuals who are not considered a citizen by any country. They do not have a nationality and are often denied basic rights and access to essential services. In many cases, stateless persons encounter difficulties when trying to travel internationally, as they lack the necessary identification and documentation.

Fortunately, there are options available for stateless persons to obtain a travel document, which is a crucial step towards realizing their dreams of exploring the world. In this article, we will provide an overview of the process for obtaining a travel document for stateless persons, including the necessary steps and requirements.

It’s important to note that the process may vary depending on the country of residence, so it’s essential to research the specific requirements and procedures for your location. Additionally, seeking advice from legal professionals or immigration experts can provide valuable guidance throughout the process.

Now, let’s delve into the details of securing a travel document for stateless persons, empowering them to embark on a journey of a lifetime.

Understanding Stateless Persons

Before diving into the process of obtaining a travel document for stateless persons, it is important to have a clear understanding of who stateless persons are and the challenges they face. Stateless persons are individuals who do not have a nationality or are not recognized as citizens by any country. They lack legal protection, and without a nationality, they often face severe restrictions on their rights and access to basic services.

There are various reasons why someone may become stateless. It could be due to changes in borders, conflict, migration, or gaps in nationality laws. Regardless of the cause, being stateless can have profound consequences on every aspect of an individual’s life, including their ability to travel.

For stateless persons, traveling internationally can be a daunting task. Without a recognized nationality, they cannot obtain a passport or other travel documents typically issued by a government. This means they are unable to cross borders, access medical care, or receive protection from their home countries while abroad. Additionally, stateless persons may face discrimination, harassment, and detention when attempting to travel without proper documentation.

To address these challenges, countries and international organizations have recognized the need to develop mechanisms to assist stateless persons in obtaining travel documents. These documents, often known as “travel certificates” or “identity certificates,” serve as a substitute for a passport and enable stateless individuals to enjoy some of the rights and privileges typically associated with nationality.

While the specific rights and privileges vary depending on the country issuing the travel document, it typically provides stateless persons with the ability to travel internationally, access basic services, and seek protection from the issuing state.

Navigating the process of obtaining a travel document for stateless persons can be complex, as each country has its own procedures and requirements. However, with the right information and guidance, stateless individuals can overcome these challenges and embark on their travel journeys.

Overview of Travel Document for Stateless Persons

Obtaining a travel document is a crucial step for stateless persons who wish to travel internationally. A travel document serves as a substitute for a passport and allows stateless individuals to cross borders, access essential services, and seek protection from the issuing country.

A travel document for stateless persons is typically issued by the country where they reside or have been granted temporary protection. The specific name and format of the travel document may vary from country to country, but its purpose remains the same – to facilitate international travel for stateless individuals.

The travel document is designed to provide proof of identity and nationality for stateless individuals who do not possess a passport or any recognized travel document issued by a government. It may include personal details such as the individual’s name, date of birth, photograph, and a unique identification number.

While a travel document allows stateless persons to travel internationally, it’s important to understand that it does not grant them citizenship or the same rights as a passport holder. The rights and privileges associated with a travel document vary depending on the country issuing it and the agreements they have in place with other nations. It is crucial for stateless persons to familiarize themselves with the specific rights and limitations provided by their travel document.

In addition to facilitating international travel, a travel document for stateless persons may also serve as a form of identification within the country of residence. It can be used to access government services, open bank accounts, and prove legal status. However, it’s important to note that the recognition and acceptance of a travel document may vary from country to country.

It’s important to emphasize that the process of obtaining a travel document for stateless persons may differ between countries. Some countries may have specific legislation or procedures in place, while others may rely on existing immigration or administrative processes. Therefore, it is crucial for stateless individuals to research and familiarize themselves with the requirements and procedures specific to their country of residence.

In the following sections, we will explore the general steps involved in obtaining a travel document for stateless persons, providing guidance and insights to help navigate through the process successfully.

Gather the Required Documents

Obtaining a travel document for stateless persons requires gathering certain essential documents to support the application. While the specific requirements may vary depending on the country issuing the travel document, there are some common documents that are typically requested. It’s important to carefully review the application guidelines and consult with relevant authorities or legal professionals to ensure that you have all the necessary documents before proceeding with your application.

Here are some of the key documents you may need to gather:

• Proof of Identity: Provide any identification documents you possess, such as birth certificates, national identity cards (if applicable), or any other documents that can establish your identity.
• Evidence of Stateless Status: Prepare documents that demonstrate your stateless status, such as certificates or letters from relevant authorities confirming that you do not possess a nationality or citizenship.
• Residence Permit: If you have been granted temporary residence in the country where you are applying for the travel document, you may need to provide your residence permit as proof of your legal status.
• Passport-sized Photographs: Most travel document applications require recent passport-sized photographs. Ensure that you adhere to the specific requirements regarding size, background color, and other specifications.
• Supporting Documents: Depending on the country’s requirements, you may need to provide additional supporting documents, such as proof of financial means, travel itinerary, or any other documents that can strengthen your application.

It is essential to gather the original documents or certified copies of the required documents. In some cases, you may be required to notarize or legalize certain documents, so be sure to check the specific requirements and procedures for your application.

Additionally, it is crucial to ensure that all the documents you submit are valid and up-to-date. Expired or invalid documents may lead to delays or even rejection of your application.

Remember to keep copies of all the documents you submit, as well as any correspondence or receipts related to your application. These records will be helpful in case of any inquiries or if you need to track the progress of your application.

By gathering the required documents in advance and ensuring that they meet the specific requirements of the country issuing the travel document, you will be better prepared to proceed with the application process smoothly and efficiently.

Complete the Application Form

Once you have gathered all the necessary documents, the next step in obtaining a travel document for stateless persons is to complete the application form. The application form serves as a vital part of the process, as it provides the issuing authorities with crucial information about your identity, background, and purpose of travel.

Here are some key points to keep in mind when completing the application form:

• Read the instructions: Carefully review the instructions provided with the application form. This will help you understand the specific requirements and any additional documents or information that may be needed.
• Provide accurate information: Ensure that all the information you provide is accurate, complete, and up-to-date. Double-check spellings, dates, and other details to avoid any errors or discrepancies.
• Be consistent: Use the same name, spelling, and format throughout the application form and supporting documents. Inconsistencies can lead to delays or complications in the processing of your application.
• Answer all questions: Answer all the questions on the application form, even if they seem optional or irrelevant. Leaving any section blank may result in the rejection or return of your application.
• Explain any special circumstances: If there are any specific circumstances or considerations that may affect your application, such as medical issues or travel restrictions, provide a clear and detailed explanation in the designated sections.
• Check for additional requirements: Some application forms may require additional documents or information specific to your situation. Make sure to review the form thoroughly to identify any additional requirements and include them along with your application.

Pay attention to the format and presentation of the application form. Follow any specified guidelines regarding font size, handwriting, or electronic submission. Neatly fill out the form or type the information if it is required to be submitted electronically.

It is also important to understand that the application form may need to be signed and dated. Make sure to provide any necessary signatures and date the form as appropriate.

Once you have completed the application form, review it carefully. Check for any errors or omissions before submitting it. If possible, have someone else review the form to ensure its accuracy and completeness.

Completing the application form accurately and comprehensively is crucial for a successful application. By taking the time to fill out the form carefully and provide all the necessary information, you increase your chances of obtaining the travel document for stateless persons.

Submitting the Application

After completing the application form and gathering all the necessary documents, the next step in obtaining a travel document for stateless persons is to submit the application. Submitting the application correctly and within the specified guidelines is crucial for a smooth and successful process. Here are some essential steps to consider:

• Review the requirements: Before submitting the application, carefully review the requirements and instructions provided by the issuing authorities. Ensure that you have included all the necessary documents and met the specific criteria for the application.
• Make copies: Before submitting the application, make copies of all the documents, including the completed application form. These copies will serve as your records and provide a reference if needed. Keep the copies in a safe place.
• Organize the application package: Gather all the original documents, including the completed application form and supporting materials. Ensure that the documents are organized and arranged in the order specified by the issuing authorities, if applicable.
• Pay the application fee: Some travel document applications require a fee to be paid. Review the instructions to determine the payment method and any specific requirements regarding the payment. Ensure that you include the appropriate fee with your application.
• Submit the application: Depending on the country and the application process, you may need to submit the application in person at a designated office or send it by mail. Follow the instructions provided, including any specific addresses or contact information for submission.
• Obtain proof of submission: If you are submitting the application in person, request a receipt or acknowledgment as proof of submission. If submitting by mail, consider using a registered or certified mail service to track the delivery and obtain a receipt.

It is essential to meet any specified deadlines for submitting the application. Failure to submit the application on time may result in delays or even the rejection of your application. Be sure to plan accordingly and allow sufficient time for the application to be processed.

Once you have submitted the application, it is important to keep track of any communication or correspondence from the issuing authorities. This might include updates on the status of your application or requests for additional information. Respond promptly and provide any requested documents or information to avoid delays in processing your application.

Remember, each country may have its own procedures and guidelines for submitting travel document applications for stateless persons. It is crucial to follow the specific instructions provided by the issuing authorities and seek guidance from relevant legal professionals if needed.

By carefully submitting your application and ensuring that all the necessary documents and fees are included, you increase the likelihood of a successful outcome and receiving the travel document for stateless persons.

Attend the Interview

As part of the process of obtaining a travel document for stateless persons, you may be required to attend an interview with the issuing authorities. The interview serves as an opportunity for them to gather additional information, assess your eligibility, and ensure that you meet the criteria for the travel document. Here are some important points to consider when attending the interview:

• Review the interview requirements: Prior to the scheduled interview, carefully review any instructions or guidelines provided by the issuing authorities. Understand the purpose of the interview and any specific documents or information you may need to bring.
• Prepare supporting documents: Gather any additional documents or evidence that may support your application. This could include proof of residence, employment, or any other documents that demonstrate your ties to the country and the need for a travel document.
• Dress appropriately: Dress in a professional and respectful manner for the interview. This demonstrates your seriousness and respect for the process. It is important to make a positive impression during the interview.
• Be punctual: Arrive on time for your interview. Plan your journey in advance and account for any possible delays. Being punctual shows your commitment and respect for the process.
• Be prepared to answer questions: During the interview, the issuing authorities may ask you questions about your background, stateless status, travel plans, or other relevant information. Prepare yourself by considering potential questions and thinking through your responses.
• Be honest and transparent: Answer all questions truthfully and provide accurate information during the interview. Honesty is crucial and any inconsistencies or misleading information may negatively impact your application.
• Stay calm and composed: Nervousness is natural during interviews, but try to remain calm and composed. Speak clearly and confidently, and maintain good eye contact with the interviewer. Remember, they are there to assess your eligibility, not to intimidate or judge you.
• Ask for clarification if needed: If you do not understand a question or require clarification, do not hesitate to ask. It is better to seek clarification than to provide inaccurate or incomplete answers.

Remember, the interview is a crucial step in the application process and plays a significant role in determining whether you are eligible for a travel document. Being well-prepared, punctual, and presenting yourself professionally can positively influence the outcome of your interview.

After the interview, it is important to follow up on any additional requirements or instructions provided by the issuing authorities. Respond promptly and provide any requested documents or information to ensure the smooth progress of your application.

By approaching the interview stage with confidence, preparation, and honesty, you enhance your chances of successfully obtaining a travel document for stateless persons.

Pay the Application Fee

When applying for a travel document as a stateless person, it is important to be aware that there may be an application fee associated with the process. The application fee helps cover the administrative costs involved in processing and issuing the travel document. Here are some key points to consider when paying the application fee:

• Review the fee structure: Before submitting your application, carefully review the guidelines and instructions provided by the issuing authorities. Pay close attention to the fee structure, including the amount to be paid and the acceptable payment methods.
• Ensure sufficient funds: Verify that you have the necessary funds to cover the application fee. It is important to budget for this expense and set aside the funds accordingly.
• Payment methods: Determine the accepted methods of payment. Some authorities may accept cash, while others may require payment via debit or credit card, bank transfer, or certified check. Follow the specified payment method to ensure your payment is processed successfully.
• Additional charges: Be aware of any additional charges that may accompany the application fee, such as bank fees or currency conversion charges. Take these charges into account when determining the total amount you need to pay.
• Retain proof of payment: Obtain a receipt or confirmation of your payment as proof of payment. This documentation may be required during the application process, and it is crucial to keep it in a safe place for future reference or in case of any disputes or inquiries.

It is essential to pay the application fee within the specified timeframe and according to the instructions provided. Failure to do so may result in delays or even the rejection of your application.

If you are unable to afford the application fee, it is worth exploring any available fee waivers or financial assistance programs offered by the issuing authorities or relevant organizations. These programs aim to support stateless persons who may face financial hardships in obtaining travel documents.

Remember, each country may have its own fee structure and payment requirements. It is important to carefully follow the instructions provided by the issuing authorities to ensure the smooth processing of your application.

By paying the application fee promptly and meeting the financial requirements, you demonstrate your commitment to obtaining the travel document as a stateless person. This puts you on the right track towards a successful application.

Waiting for the Decision

After submitting your application for a travel document as a stateless person, you will enter a waiting period while the issuing authorities review and process your application. The duration of this waiting period can vary depending on the country and the complexity of your case. Here are some important points to consider during this time:

• Review the estimated processing time: Refer to the guidelines or information provided by the issuing authorities to determine the estimated processing time for travel document applications. This will give you an idea of how long you may need to wait for a decision.
• Be patient: Waiting for a decision can be a challenging and anxious time. However, it is important to remain patient and understand that the process takes time. Avoid repeatedly contacting the authorities for updates, as this might slow down the process.
• Follow up if necessary: If the processing time exceeds the estimated timeframe or if you have any concerns or questions, it is appropriate to reach out to the relevant authorities for an update. Be polite and respectful in your communication, providing any necessary details or reference numbers.
• Maintain copies of documents: Keep copies of all the documents you submitted with your application, as well as any correspondence or receipts related to your application. These records will be valuable in case you need to provide additional information or in case of any inquiries or appeals.
• Notify authorities of any changes: If there are any changes in your circumstances, such as a change of address or contact information, inform the issuing authorities promptly. This ensures that you will receive any updates or notifications regarding your application.
• Stay informed: Stay updated on any changes to the application process or requirements by regularly checking the official website or communication channels of the issuing authorities. This will help you stay informed and avoid missing any important updates.

During the waiting period, it is essential to manage your expectations and understand that the processing time can vary. Be prepared for the possibility of additional requests for information or documents from the authorities. Respond promptly and provide the requested information to avoid delays in the decision-making process.

Remember, receiving a decision on your application may take some time, but it is an important step towards obtaining the travel document as a stateless person. Stay positive, continue to plan for your travel adventures, and be prepared to take the appropriate next steps once the decision is communicated to you.

Receiving the Travel Document

Receiving the travel document is an exciting milestone for stateless persons who have gone through the application process. It signifies that their efforts and patience have paid off, and they are one step closer to realizing their travel aspirations. Here are some important points to consider when receiving the travel document:

• Notification of approval: Once a decision has been made on your application, the issuing authorities will notify you of the approval and provide instructions on how to collect or receive your travel document. Pay close attention to any deadlines or requirements mentioned in the notification.
• Collection options: Depending on the country and the specific procedures, you may have different options for collecting the travel document. It could be available for pick-up at a designated office or delivered to your address via mail or courier service. Follow the instructions provided and ensure that you have the necessary identification or documentation to collect the travel document.
• Inspect the document: Upon receiving the travel document, carefully inspect it to ensure that all the information is correct. Verify your name, photograph, date of birth, and other personal details. If you notice any errors or discrepancies, notify the issuing authorities immediately for rectification.
• Safeguard the document: The travel document is a valuable and essential document for your international travel. Keep it in a secure place, such as a safe or a lockbox, to prevent loss or damage. Make copies of the document and store them separately as a backup.
• Validity and renewal: Check the validity period of the travel document and take note of the expiration date. Plan your travels accordingly, ensuring that the document remains valid throughout your journeys. Stay informed about the renewal process to avoid any disruptions in your ability to travel.
• Consult travel advisories: Before embarking on your travels, consult travel advisories and guidelines to ensure that you are aware of any restrictions or requirements for the countries you plan to visit. Stay updated on any changes in visa regulations, entry requirements, or COVID-19 protocols that may impact your travel.

Receiving the travel document marks the realization of your goal to obtain the necessary document for international travel as a stateless person. Take a moment to celebrate this achievement and feel inspired to embark on your travel adventures with confidence.

Remember, always carry your travel document with you when traveling internationally and present it when required for immigration or border control purposes. It is a testament to your identity and legal status, enabling you to enjoy the privileges and benefits associated with international travel.

Obtaining a travel document for stateless persons is a significant achievement that opens doors to new opportunities and experiences. While the process may be complex and challenging, it is a crucial step towards realizing the dream of traveling internationally. Through understanding the requirements, gathering the necessary documents, completing the application form, attending the interview, paying the application fee, and patiently waiting for a decision, stateless individuals can overcome the obstacles they face and obtain the travel document they need.

It is important for stateless persons to research and familiarize themselves with the specific procedures and requirements of their country of residence. Seeking guidance from legal professionals or immigration experts can provide valuable support throughout the process.

Once the travel document is obtained, it is vital to remember its significance and safeguard it. Treat the travel document with care and ensure it remains valid throughout your travels. Stay informed about travel advisories and any changes in visa regulations or entry requirements for the countries you plan to visit.

Embarking on international travel as a stateless person is a remarkable achievement, and it is a testament to resilience and determination. It provides an opportunity to explore new cultures, connect with diverse communities, and broaden horizons. By overcoming the challenges and obtaining the travel document, stateless individuals can embrace the freedom to travel and create unforgettable memories.

Remember, the process may be different for each individual, depending on their country of residence. Stay informed, be patient, and persevere. Through determination and the right resources, stateless persons can navigate the journey towards obtaining a travel document and embarking on a world of opportunities.

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Apply for a Home Office travel document

Stateless person’s travel document.

You can apply for a stateless person’s travel document if you have been recognised as stateless in the UK.

You cannot apply for a stateless person’s travel document if you have refugee status in the UK. You must apply for a refugee travel document instead.

How long it will be valid for

If you’re settled in the UK (known as ‘indefinite leave to remain’), your document will usually be valid for up to 10 years. If you’re 15 or under and settled in the UK, it will usually be valid for up to 5 years.

If you have permission to stay (known as ‘leave to remain’) your document will be valid until the end of your permission to stay in the UK.

Your document may be valid for a shorter time in some cases. For example, because your previous document has been lost.

Countries you can travel to

You can usually travel to all countries on a stateless person’s travel document.

Before you travel

Check which documents you’ll need before you book your travel. Ask the authorities of the country you’re visiting or travelling through if:

• the country accepts UK stateless person’s travel documents
• you need a visa to enter the country
• £82 for adults (it’s free if you were born before 1 September 1929)
• £53 for children 15 or under

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Home Office travel documents and visa free countries

Tell Us What You Think?  

Under the 1951 UN Convention Refugee Travel Document (blue) is issued by the United Kingdom to a refugee who has been granted asylum in the UK. If someone has been recognised as a refugee then they can apply for a travel document under the 1951 refugee Convention, which is a blue passport-sized document. Information about applying for this travel document is available  on the UK government website .

The Refugee Travel Document Normally is normally issued for up to 10 years for adults and for up to 5 years for children, or in line with limited leave. It also may be issued with a shorter validity if considered appropriate.

Travel documents are normally valid for all countries other than the country asylum is claimed from and/or the country of origin.

Countries that allow visa-free travel on Refugee Travel document

Countries that do not allow entry with refugee travel document.

UAE – Dubai

Qatar – Doha

Stateless person’s travel document

A stateless person may apply for a travel document under 1954 United Nations Convention relating to Stateless Persons. Information about applying for this travel document is available  on the UK government website . For more information on statelessness, see our  fact sheet on statelessness .

The travel document is normally valid for up to 5 years (children) or 10 years (adults) or in line with the leave granted. The stateless travel document is normally valid for all countries.

Certificate of Travel

Certificates of Travel may be issued to individuals who:

• are permanently resident in the United Kingdom, or
• have been granted Humanitarian Protection (HP) or Discretionary Leave (DL) to enter or remain in the UK for a limited period, following an unsuccessful asylum application  and  can provide documentary evidence that they have been formally and unreasonably refused a passport by their country of origin.

The certificate of travel is normally valid for up to 5 years or for the length of leave the individual has. The Home Office guidance states that the certificate of travel is normally valid for all countries but there were previously issues with the acceptance of the document in a number of countries, including many European ones. It is recommended that a particular country’s rules should be checked before applying for such a document and travelling to that country.

However, if an individual stay outside of the UK for a period of more than 2 years, that leave to remain (whether indefinite or limited) will lapse. The leave to remain will not lapse if someone comes back and left again during the two-year period – it must be continuous for the leave to lapse.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

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U.S. Travel Documents Requirements: Traveling to and from the USA

If you are planning a trip to or outside the U.S. , the first thing you need to make sure is that your travel documents are in order . A travel document is a form of identification issued by a government to ease the movement of individuals across international borders. Before you leave for the airport, you need to make sure that your travel document is valid , and that you have all the necessary extra documentation , including any required visas . There are different types of travel documents that are issued based on immigration status and purpose for the trip . U.S. law requires that every individual , regardless of citizenship, age or destination, needs to hold a valid travel document(s) to travel outside of the United States. Of course, the requirements for crossing international boundaries vary depending on the country of destination. It is paramount when traveling either domestically or internationally to make sure you have the necessary travel documents, required visas, for entering or departing the United States.

Main Travel Documents

It is important to keep in mind that the travel document requirements for traveling outside of the U.S. may not be the same required to enter another country. The main travel documents issued by the U.S. government are passports, U.S. permanent resident card (Green Card), R efugee or Stateless travel document , Re-Entry Permit , and emergency travel document issued by an embassy or consulate. But what are the differences between them?

The passport is perhaps the most common travel document there is. It is usually issued in a booklet format. It has a biometrics page with the holder’s information and also blank pages for entry and departure stamps and visas . It acts as a form of identification and proof of citizenship . Most countries require that a passport is valid for at least 6 months at the time of arrival.

The governmental entity responsible for issuing passports in the U.S. is the Department of State (DOS). U.S. passports act as proof of U.S. citizenship and allow their holder entry into a total of 156 countries visa-free.

Passport Cards

Both apassport and passport card are considered U.S. passports . They both serve as proof of your U.S. citizenship and identity. The passport card is a wallet-sized travel document that can only be used by U.S. citizens to re-enter the United States at land border-crossings or ports-of-entry by sea from Canada, Mexico, the Caribbean, and Bermuda. This card is a smaller, more convenient, and less expensive alternative to the traditional passport, especially for those who frequently travel to these destinations. The passport card, like the passport book, is valid for 10 years for an adult, and five years for children age 16 and younger. If you already have a passport book, then you may apply for the passport card at a reduced price.

USA Travel Documents

Form i-94 and arrival/departure records.

Form I-94, Arrival-Departure Record , is used to record traveler's’ arrival/departure information to the United States . However, CBP now gathers this information automatically from their electronic travel records. All those arriving in the U.S. via air or sea are no longer required to complete Form I-94 Arrival/Departure Record . However, if they need the information from their Form I-94 admission record to prove their legal-visitor status, they can access their arrival/departure record information online. Because CBP only collects this information automatically for air and sea travelers, CBP will still issue a paper form I-94 at land border ports of entry.

To travel to and enter the United States, travelers need a visa . The type of visa you will need to apply for depends on the reason for your visit. You can apply for a visa at a U.S. embassy or consulate in your country of residence. Your approved visa will be placed on directly in your passport . A visa usually comes in either a stamp or loose piece of paper format and shows the purpose of your trip as well as its validity. You cannot enter the U.S. after your visa’s expiration date. At the port of entry, the DHS officer will enter the date when you are required to leave the U.S in your I-94 form. You have an obligation to leave the United States by this date since it is when your immigration status expires, or face not being allowed to re.-enter the U.S. even if you have a valid travel document.

In addition to the traditional visas, the USCIS also issues three types of travel documents for exceptional circumstances. These special travel documents allow their holders to re-enter the U.S. country without having to apply for a visa. To apply for these travel documents, individuals need to complete and file Form I-131, Application for Travel Document and choose which document they want to apply for:

• An advance parole document
• A refugee travel document
• A re-entry permit

All those who applied for asylum or were considered asylees on or after April 1, 1997, can lose their status should they return to the country for which they sought asylum.

Advance Parole

Individuals who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees) are required to apply for advance parole document. Failure to do so can lead to severe consequences upon returning and trying to enter the United States, as these individuals may be found inadmissible, their applications may be denied, or both. It is paramount for non-U.S. citizens to obtain the proper documentation before leaving the United States . However, there are three exceptions to the requirement for nonimmigrant visa holders to apply for advance parole: H1B, L and K3/4 holders as well as their dependents. Those who hold a K1/2 visa and who have married a U.S. citizen must apply for legal permanent resident (Green Card holder) status and advance parole before leaving the United States, by filing Form I-131.

Non-immigrant visa holders must obtain Advance Parole, before departure, to re-enter the United States if they have:

• Filed an application for adjustment of status but have not received a decision from the USCIS;
• Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or
• An emergency or personal reason to travel temporarily abroad.

Refugee Travel Documents

The USCIS grants refugee travel documents to i ndividuals with refugee or asylum status and to lawful permanent residents who obtained their Green Cards based on their refugee or asylee status. If you want to travel abroad, you will need a passport. A refugee travel document is the equivalent of a passport for asylees and refugees who need to travel outside the U.S. temporarily. Before traveling abroad , those who were granted asylum or refugee status must apply for a refugee travel document . Family members who are classified as derivative asylees or refugees must also apply and obtain a refugee travel document before traveling outside of the United States. Failing to get a refugee travel document before leaving the U.S. could have serious consequences like being denied re-entry into the U.S. or even being deported. It is also important to keep in mind that both asylees and refugees you should never travel to the country from which they claimed persecution.

Re-entry Permits

A reentry permit allows a permanent resident (Green Card holder) or conditional resident to apply for re-entry after having spent at least a year outside of the United States. Those who are granted a re-entry permit are not required to apply for a returning resident visa from a U.S. embassy or consulate.

If you are a U.S. lawful permanent resident (green card holder) , and you need to spend a year or more outside the United States, you are required to get a re-entry permit to maintain your status. While Green Card holders are allowed to travel, they cannot spend more than an allotted time outside the U.S. running the risk that immigration authorities may consider the act an intent to abandon U.S. residence status . A re-entry permit helps prove that you did not mean to give up your status . A re-entry permit is also useful for when you cannot, or do not wish to, get a passport from your home country. The permit (which looks like a passport) can be used in its place. Remember that you cannot extend the time on your re-entry permit. If it expires, and you want to renew it, you will need to return to the U.S. and apply for a new one.

Emergency Travel

In the case of emergency, and before leaving the United States , the USCIS might process an application for a travel document faster . If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency travel document. You will be required to submit any additional documentation required, including proof of your emergency situation , e.g.; medical documents, death certificates, travel records, etc. It is important to understand that business trips, weddings, holiday parties and other planned events are usually not considered emergency situations. USCIS considers emergency situations to be, life-threatening conditions, a humanitarian situation like a natural catastrophe. Your requested assistance to attend a cultural or social program which would benefit the United States, etc.

So if you are a foreign national planning a trip outside of the U.S., please make sure you have all the appropriate travel documents in order or risk losing their rights and benefits given to you by the U.S. government. Failing to do so may result in being found inadmissible upon your return, or your applications may be denied, or both. That is why it is paramount that the proper documentation is obtained before leaving the United States .

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• Jun 9, 2014

Statelessness: what is it and how does the international community address the issue?

Updated: Jan 15, 2019

By Serena Romeo

Most of us acquire citizenship at birth, and it is something we often take it for granted. Citizenship is something we think about only “when we travel abroad, when the Olympic Games are on, or when we vote in national elections” (2009, Couldrey M. & Herson M. Stateless ). However, for those who lack recognition as nationals, citizenship is a fundamental issue. Holding a nationality is the key to enjoy basic rights such as health care, education, access to the national judicial system or employment. A stateless person is someone who is not recognised as a national by any State. In a world of nation-states, it is a cruel contradiction that millions of individuals are not recognised as belonging to any of these.

The 1954 Convention relating to the Status of Stateless Persons defines a ‘stateless person’ as “a person who is not considered a national by any State under the operation of its law” (article 1). The absence of nationality or citizenship makes stateless people vulnerable in any aspect of their life and often subjected to the denial of basic human rights. The lack of official recognition does not mean that stateless people do not have ties to a particular country. However, because of a wide range of possible circumstances, they find themselves in the situation of not being recognised as citizens.

Statelessness is prohibited under international law. Yet, the United Nations High Commissioner for Refugees (UNHCR) estimates that there may be as many of 12 million stateless people in the world. In order to give a more precise definition of what makes a person stateless, a first important distinction needs to be made between de jure and de facto stateless people. “Under the 1954 Convention, individuals who have not received nationality automatically nor through an individual decision under the operation of any state’s law, are known as de jure stateless persons.” (2009, Blitz BK, Statelessness, protection and equality ) However, there is a large number of people who are unable to prove their nationality or they are denied to access many human rights that other citizens enjoy. These people are considered de facto stateless.

International law guarantees stateless persons the enjoyment of human rights. However, they frequently cannot access their rights. For instance, they may find barriers in accessing basic education, health care or other government services, obtaining travel documents, being employed. Stateless persons are also likely to be victims of trafficking or sexual and labour exploitation. Discrimination and inequality are common to any form of statelessness. Still, it is helpful to make a distinction between “ direct discrimination on the basis of nationality, which is formally recorded in law, and structural discrimination that may be indirect but nonetheless denies individuals the opportunity to benefit from citizenship.” (2009, Blitz BK, Statelessness, protection and equality )

Another useful distinction is between primary and secondary sources of statelessness. “Primary sources relate to direct discrimination and include: a) the denial and deprivation of citizenship; b) the loss of citizenship. Secondary sources relate to the context in which national policies are designed, interpreted and implemented and include: c) political restructuring and environmental displacement; d) practical barriers that prevent people from accessing their rights.” (2009, Blitz BK, Statelessness, protection and equality )

How do people become stateless?

The largest populations of non-refugee stateless persons in UNHCR statistics are Myanmar with 810,000 Rohingya (the number only includes the Rohingya in northern Rakhine State), Cote d’Ivoire (700,000), Thailand (506,000) Latvia (312,000), Syria (231,000) and Dominican Republic (210,000).

Statelessness may result from different circumstances. In general, the denial of citizenship is the result of a state action which could be intentional or not. State secession or succession, often but not necessarily following conflicts, may cause statelessness: the dissolution of a State and emergence of new States; the separation of part of a State to form a new one; the transfer of a territory from one State to another.

Other causes of statelessness are the arbitrary denial or deprivation of citizenship on the ground of ethnicity (in law or in practise) or discrimination on ground of gender. In particular, the contribution of gender discrimination to generating statelessness is extensive: 27 countries in the world limit the right of women to pass their nationality to their children (only men can). Children become stateless when they cannot acquire nationality from their father. This can occur, for example, when the father is stateless; when he is unknown or not married to the mother at the time of birth; when he has been unable to fulfil the necessary administrative steps to confer his nationality or when he is unwilling to confer his nationality to his children; etc. Although there are differences between the limits they impose on mothers to confer their nationality to their children, some of the 27 countries whose nationality laws discriminate against female gender are: Brunei Darussalam, Iran, Jordan, Kuwait, Malaysia, Nepal, Qatar, Saudi Arabia, Sierra Leone, Somalia and Syria.

Statelessness may also be caused by documentation issues like lack of registration at birth, or the existence of rules for proving nationality which make it difficult for individuals to establish that they possess a nationality. Finally, it can also be the consequence of climate and environmentally induced displacement. In the poorest regions, many minorities live without any documentation, and this kind of technical problem can cause the lack of citizenship.

The way a country grants citizenship at the moment of birth is a matter of interest and concern for those who operate to prevent statelessness. The most common principles for granting citizenship are the jus soli and the jus sanguinis . Nationality policies based on the Jus soli’s principle confer citizenship to all those born in the territory of a country, while those based on Jus sanguinis grant citizenship on children whose parents are citizens of a given country. In practise, nationality policies which prioritise blood over civic criteria make the incorporation of minorities more difficult.

Addressing statelessness

During the 1920s, it was common to make no distinction between stateless and refugee statuses. Lack of protection of Government of their country or origins or any other Government was common to both statuses. Nevertheless, the issue was a matter of concern to nation states and to the League of Nations, which encouraged measures to address the problem. It is, however, only after the massive population displacements following the Second World War that the stateless issue was reintroduced into the international agenda as a separate issue from the refugee problem.

The right to nationality has been elaborated in two United Nations’ international conventions: the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Although the two conventions have not been ratified from a large number of States, both are fundamental international instruments for the prevention and protection of stateless persons. Originally, norms regarding statelessness were to be included in a Protocol to the 1951 Convention relating to the Status of Refugees, however due to the need of dealing with the large amount of post-war refugees, the Convention was adopted without the inclusion of the Protocol. Later, the two fundamental agreements that brought the attention of the international community to the discourse on statelessness were adopted.

Providing a definition of ‘stateless person’, the 1954 Convention Relating to the Status of Stateless Persons gives a fundamental contribution to international law. The Convention requires that States facilitate the assimilation and naturalisation of stateless persons. It also provides minimum standards of treatment. For instance, it defends the right to freedom of movement lawfully on the territory; for some rights such as freedom of association and right to employment, it requires States to guarantee at a minimum the same treatment as other non-nationals; with respect to freedom of religion and education to their children, it provides that stateless persons are to enjoy the same rights as citizens.

The 1961 Convention on the Reduction of Statelessness sets rules on States to prevent and eliminate statelessness. By doing that, the Convention gives effect to article 15 of the Universal Declaration of Human Rights which recognises that “everyone has the right to a nationality”. A central focus of the Convention is the prevention of statelessness at birth. “It requires States to grant citizenship to children born on their territory, or to their nationals abroad, who would otherwise be stateless”(2011, Text of the 1961 Convention on the Reduction of Statelessness – Introductory note by the Office of the United Nations High Commissioner for Refugees).

The Office of the United Nations High Commissioner for Refugees (UNHCR) formally received from the UN General Assembly a specific and global mandate to prevent and reduce statelessness, as well as to protect the rights of stateless people around the world through the adoption of as series of resolutions. The UNHCR activities regarding statelessness can be grouped in four categories: identification, prevention, reduction and protection.

Following the positive steps made by countries and the guidelines provided by the UNHCR, several specific actions need to be taken to address statelessness. First of all, preventive actions to avoid potential instances of mass deprivation of nationality. It is fundamental to reform citizenship laws, as well as to adopt administrative procedures to eliminate discrimination. UNHCR provides technical advice to implement legal reforms. In 2012 and 2013, the agency worked to address gaps in the national legislation of 56 States, mostly from a gender equality and child protection perspective.

Birth registration is, for instance, a fundamental action that has to be taken both to deal with statelessness and ensure child protection. Georgia and the Russian Federation have implemented pledges regarding civil registration, and birth registration will remain a priority for UNHCR actions.

Protection of stateless children is a matter of particular concern. There are an estimated six million children without a nationality around the world. They are particularly vulnerable to sexual and labour exploitation, abuses and trafficking. Many of them are denied access to basic rights such as education and health care. In spite of the importance of protecting stateless children from the many risks they face, only a few international or national child protection systems include stateless children in their programming.

Identification is also essential, since stateless persons usually lack personal documentation. In this regard, some States have taken positive steps toward pledging to undertake studies and surveys to report the issue. The Philippines is leading the way along with Georgia, Moldova and the UK. These countries implemented stateless determination procedures to improve identification of stateless persons. Other countries have made progress in resolving long-standing situations of statelessness by granting citizenship to stateless population: Côte d’Ivoire, the Kyrgyz Republic, Turkmenistan, Sri Lanka, Bangladesh and the Russian Federation.

UNHCR is also committed to promote accession to the Statelessness Convention. Although the number of States accessing to the two international instruments is still not very high, an unprecedented wave of accessions has been noticed since 2011. This year marks the 60th anniversary of the 1954 Convention on the Status of Stateless Persons. It is an opportunity to draw attention and increase awareness of the issue of statelessness. Therefore, UNHCR launched a campaign which aims to eliminate statelessness within the next ten years. Some fundamental positive steps have been taken, but there is still much to be done to eliminate a phenomenon which continues to affect the lives of millions of people.

Bibliography

Blitz BK (2009) Statelessness, protection and equality. Forced migration policy briefing 3 . http://www.rsc.ox.ac.uk/publications/policy-briefings/RSCPB3-Statelessness.pdf.

Couldrey M. & Herson M. (Ed.) (2009) “Stateless.”,   Forced Migration Review Issue 32 (April 2009)

Guy S. Goodwin-Gill, Convention Relating to the Status of Stateless Persons – United Nations Audiovisual Library of International Law –

http://legal.un.org/avl/pdf/ha/cssp/cssp_e.pdf (Accessed: 27.05.2014)

Stateless – UNHCR Actions http://www.unhcr.org/pages/49c3646c16a.html (accessed 30.05.2014)

Text of the 1961 Convention on the Reduction of Statelessness – Introductory note by the Office of the United Nations High Commissioner for Refugees (UNHCR) – January 201

UNHCR (2014) – Background Note on Gender Equality, Nationality Laws and Statelessness 2014 – http://www.unhcr.org/4f5886306.html (Accessed: 27.05.2014)

Under the radar and under protected – The urgent need to address stateless children’s rights p. 5 http://www.refworld.org/pdfid/514acd3e2.pdf (accessed 01.06.2014)

Volker Türk (2014), The status of statelessness 60 years on – Forced Migration Review May 2014 – http://www.fmreview.org/afghanistan/tuerk (Accessed 28.05.2014)

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DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States

WASHINGTON – The Department of Homeland Security announced its commitment to adopt a definition of statelessness for immigration purposes and enhance protections for stateless individuals living in the United States.  Through the adoption of a standardized definition of statelessness, the Department will ensure it can recognize unique barriers encountered by stateless persons and better identify and protect such individuals.

“Statelessness presents significant humanitarian concerns that require a careful and thoughtful response specifically tailored to the distinct and diverse needs of stateless persons,”  said Secretary Mayorkas.   “DHS is committed to pursuing initiatives to enhance recognition of, and protections for, vulnerable populations, including stateless individuals within the United States.”

DHS recognizes that a significant number of stateless individuals reside in the United States and that such individuals face an assortment of serious challenges and obstacles, such as a lack of identity documents.  The actions announced today will reduce barriers to accessing legal immigration status and associated benefits.

As an initial step, DHS will adopt a definition of statelessness for immigration purposes and build a process for making statelessness determinations.  In coordination with the Department of State, DHS will work to identify and catalogue barriers to legally available immigration relief and benefits faced by stateless persons.  DHS will explore possible avenues to reduce or eliminate such barriers.  DHS also commits to establishing a process to increase the data available on stateless persons in the United States and will examine the means through which DHS could facilitate work and travel for stateless persons. 

DHS will engage on a continuing basis with the United Nations High Commissioner for Refugees (UNHCR), interagency partners, and the public to communicate its commitments, to receive feedback on proposed initiatives, and importantly, to announce further actions to support stateless individuals in the United States, helping to address the global issue of statelessness.

• Secretary Alejandro Mayorkas