THEMATIC BRIEFING | SEPTEMBER 2021 Statelessness determination and protection in Europe 21 documents, the right to engage in wage-earning employment and self-employment, access healthcare, education, shelter and social security, freedom of movement, and protection from expulsion and detention. As this is similar to the protection granted to asylum-seekers under the 1951 Convention Relating to the Status of Refugees, it is recommended that applicants under an SDP are granted the same rights as asylumseekers. Good practice Few countries adhere to these norms on protection during the SDP. Moldova is the only Index country to be assessed positively in this area. Some countries provide for some basic rights during the procedure, but the protection afforded is rarely in line with international norms and good practice. In Italy, the courts have recently established that no one should be detained while awaiting a decision on determination of statelessness, although this is yet to be reflected in the law. GOOD PRACTICE Protection for stateless applicants in Moldova In Moldova, applicants for statelessness status are considered to be lawfully staying in the country, will not be detained after submitting an application, and cannot be expelled during the assessment. They are informed of their rights in writing in a language they understand (with access to interpreters if necessary) and are issued with a temporary identity document, the right to work, and to housing (although in practice social housing is rarely available). Applicants in employment have access to social security entitlements. If a person applies for statelessness status whilst detained in immigration detention, the authorities may carry out the assessment of statelessness while the individual is detained but will release them if statelessness is recognised or the time limit for detention expires.69 Barriers Inconsistent approach to residence rights Residence rights for applicants during SDPs vary considerably between countries. In some cases, applicants are not granted any residence rights, in others these are discretionary. In the United Kingdom and Switzerland, SDP applicants do not have an automatic right to reside. In Switzerland, residence and free movement rights depend on whether the applicant holds another form of residence permit, for example, if they are an asylum-seeker or have been ‘provisionally admitted’ to the country, they are assigned to live and must remain in a specific Canton. In Spain, temporary residence may be granted to SDP applicants, but only if they are not already subject to deportation proceedings. In France, applicants have no automatic right to residence and expulsion and detention are possible during the procedure, although prefectures may grant a discretionary temporary residence permit.