education, social security, and healthcare. In addition, people recognised as stateless may have rights to
family reunification (under the ECHR, CRC or other law) and States should consider granting recognised
stateless persons the right to vote, in line with democratic principles. Stateless people habitually resident in
the State must be able to access consular protection abroad from that State. Any revocation or cessation of
statelessness status should be subject to a proportionality test under international human rights law.
Right of residence
In almost all countries with a procedure to determine statelessness, this leads to a form of statelessness status
or leave to remain, including the ability to acquire a residence permit and at least some 1954 Convention
rights. In two Index countries (Spain and Moldova), recognised stateless people are automatically granted
permanent residence 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 others (e.g. Albania, France, Georgia, Hungary, Italy, the United Kingdom, and Türkiye) recognised
stateless people are automatically granted a renewable residence permit ranging from two to five years,
usually with a right to apply for permanent residence after a specific period (ranging from 5 to 10 years).
In other countries, a residence permit may only be granted for one year initially, and/or there may be
additional conditions that pose insurmountable barriers for some stateless people to acquire a residence
permit. For example, in Czechia, recognised stateless persons receive a one-year tolerated stay visa, after
which they may apply for a renewable two-year residence permit. In Bulgaria, stateless people can only
acquire a residence permit if they can provide proof of subsistence, accommodation, and medical insurance,
and pay a fee the equivalent of 250 EUR. In Montenegro, a recognised stateless person must prove sufficient
income, accommodation, an identity document, and health insurance. In Ukraine, stateless people must
apply for a temporary residence permit within the short timeframe of ten days following recognition. In the
Netherlands, stateless people do not have the right to a residence permit at all based purely on being
determined to be stateless. In Belgium, stateless people recognised through the judicial procedure must
additionally apply for a discretionary permit to stay on humanitarian grounds, and under the administrative
procedure they are granted a five-year residence permit but additional criteria apply.
Country
Bulgaria
Initial duration
1 year
Subsequent permits
Renewable
Discretionary
Discretionary
Czechia
Type of permit
Residence permit, upon
application & additional criteria
Humanitarian permit, upon
application (administrative
procedure only)
Tolerated stay, automatic
1 year
France
Georgia
Residence permit, automatic
Residence permit, automatic
Hungary
Italy
Residence permit, automatic
Residence permit, upon
application
Residence permit, automatic
4 years
3 years (exceptionally
5)
3 years
1-5 years (practice
varies)
1 year
Renewable for 2-year periods,
permanent after 5 years (upon
application)
10-year permit
Renewable, permanent after 12
years
Renewable for 1-year periods
Renewable
Belgium
Kosovo
Latvia
Moldova
Montenegro
Netherlands
Residence permit, upon
application
Residence permit, automatic
Permission to stay, upon
application & additional criteria
-
Permanent
1 year
Renewable for 1-year periods,
permanent after 5 years
Permanent (subject to additional
criteria)
N/A
Renewable for 1-year periods
-
-
5 years (max.)