is a safeguard in the law permitting a decision to be made based on available
documentation). In Bulgaria, the competent authority is reported to discontinue
the SDP if applicants do not provide certain documents within a very short
timeframe (usually three days). In France, applicants must submit a specific written
form in French accompanied by two recent photographs and sometimes other
documentation. Such requirements hinder access to SDPs and could prevent people
accessing the protection they are entitled to due to the nature of their statelessness,
which can mean they cannot access certain documents or forms of identity.
Lack of information, language barriers and complex procedures
Language barriers are an issue in most of the countries analysed. In Bulgaria, France,
Italy, Latvia, Spain, Switzerland, Ukraine, and the United Kingdom, applications
must be made in an official language. In Bulgaria and Switzerland, the application
can also be made in another language accompanied by a certified translation, but
may result in significant cost to the applicant.
Another common challenge is a lack of information about how to access and apply
for statelessness status. In Bulgaria and Switzerland, the authorities do not provide
information about how to apply under the SDP, although UNHCR and civil society
have published resources to assist stateless people or their lawyers in submitting an
application. In France, information is only available online and detailed guidance is
only in French. Similarly, in Latvia information is only provided in Latvian, although
it can be accessed both online and by phone. In the United Kingdom, the SDP
application form is long and complex and only available in English. Similarly, in Spain,
the application form is only available in Spanish and contains complex legal questions
with limited space provided for answers.44
Ex officio initiation and cooperation between agencies
In most countries, it is left to affected individuals to initiate the SDP on their own
behalf, which is particularly problematic considering the lack of information about
procedures and how to apply. Many stateless people are unaware of the existence of
an SDP or may fear approaching public authorities. Stateless women, children, people
with disabilities, older people, marginalised and minoritized groups are particularly
disadvantaged in such circumstances if State authorities do not put measures in place
to guarantee substantive equality of access to procedures and protection.
In Bulgaria, France, Hungary, Italy, Latvia, Switzerland, and Ukraine, the SDP
cannot be initiated ex officio by the authorities, and in Spain and the United Kingdom
ex officio initiation is possible but is rarely used in practice. Few countries have formal
mechanisms for referral or cooperation between agencies.