THEMATIC BRIEFING | SEPTEMBER 2021
Statelessness determination and protection in Europe
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or cessation of statelessness status should be subject to a proportionality test under
international human rights law.
Good practice
In almost all countries with an SDP in place, the procedure leads to statelessness
status including the ability to acquire a residence permit and at least some 1954
Convention rights. In Spain and Moldova, stateless people recognised under the SDP
are automatically granted indefinite leave to remain along with access to education,
healthcare, housing, and social security on the same basis as nationals, as well as a
route to naturalisation (although this is lengthy in both cases).
GOOD PRACTICE
Statelessness protection status in Spain
Recognition of statelessness in Spain results in automatic permission to stay
and an indefinite right to reside. Identity and travel documents are issued.
Identity cards are renewable every five years, and stateless persons’ travel
documents are valid for two years. Stateless people have the right to family
reunification, work, education up to tertiary education, social security, and
healthcare. The law also sets out specific situations in which a stateless
person can be expelled, such as absence from the territory for six years.71
Barriers
Access to and duration of residence permits
In several countries, recognised stateless people are not automatically granted
residence permits, and/or these are valid only for a short period of time. In Bulgaria and
Switzerland, the renewable residence permit, for which individuals must apply following
recognition, is valid for just one year. In Bulgaria, stateless people can only acquire
a residence permit if they can meet strict conditions, including proof of subsistence,
accommodation, and medical insurance, and pay a fee the equivalent of 250 EUR. In
Ukraine, stateless people must apply for a temporary residence permit within the short
timeframe of 10 days following recognition. In Italy, the duration of the residence permit
granted to stateless people varies between one and five years. In the United Kingdom,
even once a person is recognised as stateless, there are stringent tests for obtaining a
residence permit, including that a person not be able to secure the right of admission to
any other country, and general grounds for refusal which apply to all migrants.
Access to socio-economic rights
In some countries, access to certain socio-economic rights is restricted for recognised
stateless people until they acquire permanent residence. In Bulgaria, temporary
residence permits provide protection from detention but do not grant other socioeconomic rights such as the right to work or healthcare. In Ukraine, the right to work
and a travel document are granted upon acquiring a temporary residence permit, but
other rights, such as family reunification, social security, and free healthcare, are only
granted once permanent residence is acquired. In the United Kingdom, access to higher
education for recognised stateless people varies across the country.