Statelessness in Czechia | January 2024 16 Stateless persons can, in principle, apply for any other residence permit provided for in the Immigration Act. However, they face significant challenges if they lack the necessary travel and identity documents. To overcome this, they may choose to apply for a travel document from the Czech authorities or they must have an alternative travel document. For some, pursuing a residence permit under the Immigration Act may be a more favourable option, as the tolerated stay visa issued following a successful procedure for determining statelessness may not provide the same level of rights and security as other available residence permits. 33 Protection of unaccompanied and separated children According to Art. 87 of the Immigration Act, unaccompanied and separated children entrusted to foster care may apply for permanent residence immediately, without the requirement of five cumulative years of prior residence. It is still advisable for unaccompanied and separated children to undergo a procedure for determining statelessness. Obtaining a certificate of statelessness can help to ensure that they have a documented status to facilitate access to rights and services more effectively. For more information on permanent residence for children entrusted to foster care, visit this website. In situations where the procedure for determining statelessness overlaps with the international protection procedure or another procedure regulated by the Immigration Act, the MoI will suspend the procedure for determining statelessness until the residence status of the person is decided. If the applicant has been granted any type of residence permit or already holds another type of residence permit and is found to be stateless, the MoI will only issue a certificate of statelessness.34 States have specific obligations towards children under international law including to consider their best interests as a primary consideration and ensure they can acquire a nationality. More information about this is included in Section 9. The European Convention on Human Rights (ECHR) may be used to protect stateless persons in Czechia. The ECHR applies to all persons under the jurisdiction of a Council of Europe member State, including stateless persons. People fleeing the war in Ukraine may access temporary protection in Czechia, but not everyone is eligible. Although national legislation broadens the scope of eligibility, some may face obstacles in accessing protection. Eligible stateless persons are beneficiaries of international protection or equivalent national protection in Ukraine, which includes persons granted statelessness status in Ukraine, and their family members, as well as persons with a valid permanent residence permit in Ukraine who cannot return to their country of origin or former habitual residence. Stateless persons who have had temporary residence in Ukraine are excluded from temporary protection in Czechia, as are stateless persons and persons at risk of statelessness who cannot prove their ties to Ukraine. If the person is not eligible for temporary protection, they can apply for international protection or a tolerated stay visa, but these types of stay do not lead to the same rights as 33 34 Section 49a of the Immigration Act Section 170d para. 3 and 4 of the Immigration Act