Statelessness in the EU (excerpts), 2016

1 Introduction

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This EMN Inform is the synthesis of the answers provided by Member States and Norway to an ad-hoc query launched by the LU EMN NCP on 12th March 2015 1 and two joint ad-hoc queries launched by the LU EMN NCP and COM on 4th May 2016. 2

This ad-hoc query was answered by 23 countries: AT, BE, CZ, EE, FI, FR, DE, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, SK, SI, ES, SE, UK and NO.

2 The first ad-hoc query was an update to the ad-hoc query launched in 2015. It received replies from 25 MS: AT, BE, BG, HR, CY, CZ, EE, FI, FR, DE, HU, IE, IT, LV, LT, LU, NL, PL, PT, SK, SI, ES, SE, UK, NO. The second ad-hoc query was entitled ‘On statelessness: minors born in exile and unaccompanied minors’. It received replies from 21 MS: AT, BE, HR, CZ, EE, FI, FR, DE, HU, IT, LV, LT, LU, NL, PL, PT, SK, SI, SE, UK and NO.

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4 The State of Play of the 1954 and 1961 Conventions on Statelessness

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4.1 ACCESSION TO THE 1954 CONVENTION

At present, 24 MS are State Parties to the 1954 Convention (AT, BE, BG, HR, CZ, DK, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, NL, PT, RO, SK, SI, ES, SE and UK). CY, EE, MT and PL have not yet acceded to it.7

7 https://treaties.un.org/Pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V3&chapter=5&Temp=mtdsg2&clang=_en

4.2 ACCESSION TO THE 1961 CONVENTION

Only 19 MS have acceded to the 1961 Convention (AT, BE, BG, HR, CZ, DK, FI, DE, HU, IE, IT, LV, LT, NL, PT, RO, SK, SE and UK). FR signed this Convention but has not yet ratified it. Eight MS (EL, EE, CY, LU, MT, PL, SI and ES) have not yet acceded to it. 8

8 https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=V-4&chapter=5&clang=_en

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Five MS (EE, FR 11, PL, SI and ES) reported that they do not intend to accede to the 1961 Convention. The reasons put forward by these MS include:

 Estonia points out that their Citizenship Law is partially in conflict with the Convention.12

12 EE considers that EE citizenship law is based on the ius sanguinis principle and the convention foresees granting citizenship to a person born in its territory who would otherwise be stateless (ius solis).

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5 Statelessness Determination Procedures15

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Currently, a majority of MS (AT, BE, HR, CZ, EE, FI, DE, IE, LT, MT, NL, PL, SK, SI, SE) and NO, do not have a specific administrative determination procedure for stateless persons.

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6 Determination of Statelessness and the Residence Permit

Stateless persons will not be granted immediately or automatically an authorisation of stay or a residence permit in most of the Member States.

In AT 25, EE 26, LT, NL, PL, PT, SI SK and NO a stateless person is considered as a thirdcountry national (TCN), and s/he can apply for any type of residence permit.

26 In EE the term in use is « persons with undetermined citizenship ».

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7 Travel Documents

There are two types of travel documents granted to stateless persons by Member States:

 Alien passport: AT, CZ (inside of the document the 1954 Convention is mentioned), EE, FI, NL, SI, and SE (except if the person obtains refugee status).

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8 Rights Granted to Recognized Stateless Persons

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8.1 ACCESS TO THE LABOUR MARKET

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In 12 Member States (AT 33, DE, EE, FI, FR, IE, LT, LU, NL, SK, SE and SI) recognized stateless persons will enjoy the same access to the labour market as any TCN legally residing in the country, which will depend on the type of residence permit s/he is granted.

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8.2 ACCESS TO EDUCATION AND TRAINING

In most MS recognised stateless persons have access to education and training. Access to education and training is mainly guaranteed under the same conditions as those which apply to TCNs staying legally in the MS and/or depending on the type of residence permit they obtain (AT 34, EE, FI, FR, DE, LT, LV, LU, NL, SI and SE).

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8.3 ACCESS TO HEALTH CARE AND SOCIAL AID

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Estonia, Finland, Lithuania and the Netherlands allow access to these services for stateless persons with lawful residence under the same conditions as for any TCN. [..]

8.4 ACCESS TO CITIZENSHIP

Access to citizenship is simplified for stateless persons in 13 Member States (BE, HR, CZ, EE, DE, HU, IT, LT, NL, SK, SI, SE, UK).

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9 The situation of stateless minors

9.1 CHILDREN BORN STATELESS IN THE MEMBER STATES

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In 18 Member States (AT, BE, HR 40, EE 41, FI, FR 42, DE, HU, IE 43, IT, LU 44, NL, LT, CZ, PL, PT, SE, UK) and NO a child born stateless in the country may obtain the nationality of that country, in different ways and under different conditions.

41 Subject to conditions stipulated in Article 13 of the Citizenship Act

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In Estonia a minor under 15 years of age who was born in Estonia or who immediately after birth takes up permanent residence in Estonia together with his or her parent(s) is granted Estonian citizenship by naturalisation as of the moment of his or her birth, in case his or her parents whom no state recognises as its citizen have or has lawfully resided in Estonia for at least five years by the moment of the child’s birth. In order to renounce the Estonian citizenship granted, the parents are entitled to submit an application before the child turns one; otherwise the child is granted Estonian citizenship by naturalisation automatically.


Document data: 11.11.2016 Link: https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/networks/european_migration_network/reports/docs/emn-informs/emn-informs-00_inform_statelessness_final.pdf

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