THEMATIC BRIEFING | SEPTEMBER 2021
Statelessness determination and protection in Europe
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language testing, application fees, or minimum income requirements. Previous criminal
convictions or ‘good character’ requirements should also not unreasonably prevent
stateless people from acquiring nationality.75
No countries in the Statelessness Index with an SDP are assessed positively in this area.
Stateless people face significant barriers to naturalisation in all countries. In the United
Kingdom, naturalisation fees are prohibitively high with each adult application costing
the equivalent of over 1500 EUR. Additionally, there is a discretionary ‘good character’
requirement as well as citizenship and language tests, with no exemptions on grounds of
statelessness. In Hungary, naturalisation is facilitated for stateless people with ‘domiciled’
residence, but this can only be requested after a minimum of three years residence
and then only if discretionary permanent residence is granted by the Government if
considered to be ‘in the national interest’. In practice, the procedure is extremely lengthy,
discretionary, and non-transparent.
Residence requirements for naturalisation vary significantly between countries, from
ten years in Spain, to eight in Moldova, five in France, Italy, Latvia, and Ukraine,76
and three in Bulgaria, although in some cases only permanent residence counts
towards the qualifying period, so it may be longer in practice. Many countries also
impose discretionary ‘good character’ requirements and stateless people are very rarely
exempted from language, citizenship, or integration tests. In some countries, such as
France and the United Kingdom, stateless people benefit from a reduced residence
requirement in line with refugees, but in others there are no favourable provisions for
stateless people even where there are for other groups, such as in Spain.
BARRIER
Barriers to naturalisation for stateless people
in Spain
The process to apply for naturalisation in Spain can be lengthy (up to three
years in some cases) and costly. To be eligible to apply, stateless people
must meet the general residence requirement of ten years’ continuous legal
residence unless they fall within any of the groups eligible for a reduction
in the residence requirements. Reductions are provided for refugees (five
years) and people with historic links to Spain (two years), for example,
nationals of Latin American countries, the Philippines, Equatorial Guinea,
Andorra, Portugal, and Sephardic Jews. Naturalisation can be refused for
reasons relating to public order or national interest and the applicant must
justify ‘good civic conduct’ and a sufficient level of integration into Spanish
society. An integration exam and language test are required, and fees include
approximately 85 EUR for the integration exam, 137 EUR for the language
text, and 103 EUR for the application itself.77
3.3 Trends in countries without a statelessness determination
procedure
17 of the 27 countries in the Statelessness Index do not have a SDP leading to a
statelessness status.78 15 of these countries have acceded to the 1954 Convention (in
some cases many years ago) but have not yet fulfilled their obligations to introduce