THEMATIC BRIEFING: October 2025 Statelessness determination and protection in Europe: good practice, challenges and risks waivers are possible in certain circumstances but not in Georgia, where applicants for the SDP are not exempted from fees (unlike asylum seekers). In Spain and Switzerland, appellants can become liable for costs if their appeal is rejected. In general, free legal aid is available for appeals, but in some countries, this may depend on financial and other eligibility criteria that can impact on access to an appeal (e.g. in Albania, Italy, Switzerland, and the United Kingdom). Some countries do not provide for legal aid for statelessness procedures (e.g. Türkiye, Georgia and some jurisdictions in the UK, i.e. England & Wales). NGOs often step in to fill gaps in legal assistance, but these services can be subject to funding cuts. In some countries, the deadline for applicants to submit an appeal against a negative decision to grant them statelessness status is very short, and applicants may not have sufficient time to review the decision, appoint a representative and prepare their appeal. For example, applicants in Bulgaria must submit an appeal or judicial review within 14 days, in Hungary within 15 days, in Ukraine within 20 days, and in Georgia within one month. Good practice: right of appeal in montenegro Applicants who are refused statelessness status in Montenegro have the right to appeal a negative decision to the central decision-making authority. If rejected, they can further appeal to the Administrative Court. Free legal assistance may be provided by civil society organisations in the first and second instance procedures, and free Statefunded legal aid is available for the judicial appeal before the court. There is a low administrative fee of EUR 4 for appeals, which can be waived in some cases. 3.8. Statelessness status RECOMMENDED Best practice • • • • • • • • • • Recognition of statelessness results in automatic permission to stay and renewable residence rights for minimum two years (preferably up to five years), with a route to permanent residence and/or naturalisation. State grants recognised stateless people other Convention rights, including: A travel document and identity documents Family reunification Permission to work Primary, secondary, and higher education Social security and healthcare Right to vote Stateless people habitually resident in the State are able to access consular protection abroad from that State. Any revocation or cessation of residence rights based on statelessness (if the person acquires a nationality) is subject to a proportionality test under international human rights law. Recognition of a person as stateless must lead to the granting of statelessness status. This should include a renewable right to reside on the territory for a minimum of two years, and preferably up to five years, to enable stateless people to access all the rights protected by the 1954 Convention. These rights include a travel document, identity documents, family reunification, permission to work, primary, secondary and higher 21