BRIEFING: Stateless people and people at risk of statelessness from Ukraine
10 March 2022
For more information see: https://ec.europa.eu/info/strategy/priorities-20192024/stronger-europe-world/eu-solidarity-ukraine/eu-assistance-ukraine/informationpeople-fleeing-war-ukraine_en
Hungary currently excludes non-refugee stateless persons from any protection following a
change implemented on 8 March 2022, which restricts temporary protection to Ukrainian
nationals and persons granted an EU-compatible international protection status in Ukraine.
This approach does not appear to be in line with EU law. More info:
https://helsinki.hu/en/war-in-ukraine-protection-situation-in-hungary/ and
https://helsinki.hu/en/information-for-people-fleeing-from-ukraine/
Slovakia requires those without documents to apply for asylum or ‘temporary refuge’ at the
asylum department in Humenné where accommodation in a reception centre, food,
healthcare, and hygiene supplies are provided. More info: https://www.ukraineslovakia.sk/
Poland may carry out identity checks on people without documents and may detain them for
this purpose. The authorities issue a 15-day permit to those without legal basis for entry.
Recent changes may restrict access to protection for some stateless/at risk people who did
not have long-term residence in Ukraine. More info: https://www.gov.pl/web/ua-en/bordercrossing
Romania requires those without biometric passports to request asylum or subsidiary
protection at the border. They will undergo two interviews with access to an interpreter and
legal assistance to determine a form of protection, before being issued temporary ID
documents, the right to remain, accommodation, and a daily cash allowance. More info:
https://dopomoha.ro/en and https://index.statelessness.eu/resources/quick-guide-refugeesukraine-moldova-ukrainian
Moldova requires those without documents to request international protection at the border.
Healthcare is provided during the procedure, as well as access to an interpreter and legal
assistance. More info: https://dopomoga.gov.md/index.php
5.
Onward travel: rights of stateless people in Europe
Almost all European States are Party to the 1954 Convention on the Status of Stateless
Persons and so must afford specific rights and protections to stateless people on their
territory. Some countries have established a statelessness determination procedure to
determine who is due protection under the 1954 Convention and grant protection status or a
residence permit to recognised stateless people (other than refugee status or another form of
international protection). In other countries, stateless people may access another form of
protection or regularise their stay through other avenues. For more details on these rights
and how they are implemented in different European countries see:
https://www.statelessness.eu/updates/publications/statelessnessindex-briefingstatelessness-determination-and-protection-europe and https://index.statelessness.eu
Under international law, all European States must ensure that every child acquires a birth
certificate, legal identity, and a nationality as soon as possible after birth. For more
information see: https://www.statelessness.eu/updates/publication/no-child-should-bestateless-ensuring-right-nationality-children-migration