BARRIER
Lack of protection for SDP applicants in France
SDP applicants in France have no legal right to residence or work. Prefectures
may admit applicants for temporary stay, but this is a discretionary power, so
practice varies across the country. If a temporary residence permit is granted,
or if the applicant has also applied for asylum, they can access universal
healthcare coverage if they can prove they have lived in France for three
months (although certain treatments are subject to prior authorisation). They
may also be accommodated in an emergency shelter for up to 21 days or in
accommodation and rehabilitation centres for some months. If not granted
temporary residence, SDP applicants are considered to be residing irregularly
and can access only limited (if they can prove they have lived in France for
three months) or urgent healthcare. SDP applicants may also be detained for
removal and cases have been reported of people being issued with orders to
leave France while awaiting a statelessness determination decision.70
Risk of detention and expulsion
SDP applicants are at risk of expulsion and/or detention in several countries, including
Ukraine, Switzerland, Bulgaria, France, Spain, Hungary, and the United Kingdom.
Spain and Hungary treat a pending order for expulsion as a reason not to grant
residence to an applicant for statelessness status. In Spain, any SDP applications
submitted by people subject to removal proceedings are considered manifestly
unfounded. Similarly, in Hungary, SDP applicants in detention or subject to removal
proceedings are not issued with a temporary residence certificate, despite being
entitled to one in law.
Access to social and economic rights
Few countries grant socio-economic rights to applicants for statelessness status. In
the United Kingdom, Switzerland, Hungary, Italy, and France, SDP applicants do
not generally have the right to work. In Ukraine, although applicants have the right
to work, there are practical barriers to accessing employment including minimum
salary requirements, and employers being required to obtain permission to employ
SDP applicants. Some form of very basic welfare or healthcare assistance is available
to SDP applicants in most countries, but this is often subject to conditions and/
or very restricted. In Hungary, only basic emergency healthcare is available to SDP
applicants. In the United Kingdom and Switzerland, SDP applicants may have a right
to minimum social assistance by virtue of having previously been refused asylum, or
if they are destitute. In Bulgaria, not only are SDP applicants not entitled to socioeconomic rights but lacking any means of subsistence constitutes a legal ground for
refusing their application.
3.2.6. Statelessness status
Recognition of a person as stateless must lead to the granting of statelessness status.
This must include a renewable right to reside on the territory for a minimum of two
years, and preferably up to five years, to enable stateless people to access all the
rights protected by the 1954 Convention. These rights include a travel document,
identity documents, family reunification, permission to work, primary, secondary and
higher education, social security and healthcare, and the right to vote. Any revocation