THEMATIC BRIEFING: October 2025 Statelessness determination and protection in Europe: good practice, challenges and risks 3.3. Access to procedures recommended Best practice • • • • • • • • • To facilitate access, the procedure is located centrally or locally, appropriate to the country context, and competent authorities have the necessary expertise. Accessible information is available to potential applicants on the procedure (e.g., wide dissemination, targeted campaigns, counselling) in a language they understand. Application procedures are flexible and accessible (e.g., oral submissions permitted, simple forms in different formats, no language restrictions etc.). There are safeguards in law permitting State authorities to initiate a procedure (ex officio). There is no restriction on access based on lawful stay or residence and there is no time limit for access. There is cooperation between agencies that may have contact with stateless people. Indications of statelessness are identified and recorded during border screenings, pending determination of whether the individual is stateless. There is referral from the border to the SDP. Statelessness is identified and recorded in asylum procedures and guidance relating to identification and determination of statelessness within asylum procedures is available. The applicant’s country(ies) of former habitual residence are recorded to support accurate assessment and follow-up on indications of statelessness. Access to the SDP does not require a prior application for asylum. Coordination between the asylum and SDP procedures must be consistent with applicable procedural safeguards. Applying to the SDP is not interpreted as a request for international protection for the purposes of inappropriately triggering responsibility-sharing or relocation procedures which may exempt a State from assessing an asylum or statelessness claim (e.g. Dublin III Regulation). Lawful stay requirement, time limits, and fees For an SDP to be fair, efficient, and non-discriminatory, it is essential that safeguards are put in place to ensure the procedure is accessible to all, and bureaucratic hurdles do not impede access to protection. 26 There should be no time limit to submit an application, no fees, and no condition of lawful stay, as stateless migrants often lack the documentation required to apply for entry or residence permits. 27 Most countries do not impose time limits, fees, or lawful residence requirements on SDP applicants, including Belgium, Bulgaria, Czechia, France, Georgia, Hungary, Italy, Kosovo, Latvia, Moldova, Spain, Switzerland, Türkiye, Ukraine, and the United Kingdom. In Italy, practice in relation to the administrative procedure has recently improved so that it is no longer compulsory to present a residence permit and birth certificate, which had previously been a barrier to access. In Hungary, a Constitutional Court ruling in 2015, later reinforced by the European Court of Human Rights, found that limiting access to the SDP to those lawfully staying in the country prevented vulnerable stateless people from effectively accessing the protection to which they were entitled.28 Unfortunately, some countries, including Albania, still require lawful stay to be able to access the SDP; and in other countries, such as Ukraine, there are administrative and financial barriers, including the payment of fees for consular certificates confirming the applicant is not a national. 9