The latest EMN inform on statelessness in the European Union, Norway, Georgia and Serbia

The EMN inform “Statelessness in the European Union, Norway, Georgia and Serbia” provides a comparative analysis of national legal and policy frameworks on statelessness across the contributing EMN Member Countries, Norway, Georgia and Serbia, covering the period up to 31 October 2025. The inform is based on 28 national contributions from the EMN Member and Observer Countries. It is the latest in the series of EMN Platform on Statelessness informs, with three others previously published in 2016, 2020, and 2023.

Statelessness is a global phenomenon, including within the European Union. The United Nations High Commissioner for Refugees (UNHCR)’s ‘Mid-Year Trends 2025’ reports data on approximately 4.4 million stateless people worldwide. A notable addition to this inform is the new chapter on Statelessness in the EU Pact on Migration and Asylum, which examines the relevance of statelessness considerations within the framework of the Pact and highlights emerging developments in this area.

Background

At the end of 2024, the UNHCR estimated the total number of stateless persons in the EU at 340 000, including both stateless individuals and persons of undetermined nationality. However, the EMN inform 2021 “Measuring progress to address statelessness in the EU and Georgia” concluded that there is no comparable way to quantify the number of stateless persons from official statistics in the EU due to the range of various register sources. Statelessness is a legal anomaly that can prevent those concerned from accessing fundamental human, civil, political, economic, social and cultural rights.

The two most important international instruments addressing statelessness are the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

Key findings

• 24 EU Member States and Norway, Georgia and Serbia are party to the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention).
• 21 EU Member States and Norway, Georgia and Serbia are party to the 1961 Convention on the Reduction of Statelessness (1961 Convention). Accession has continued in recent years, with some Member States completing or advancing ratification processes.
• There is no harmonised approach among EU Member States on the procedures they use to determine statelessness.
• In most Member States, an individual who has been recognised as stateless does not have an automatic right to stay in the country, meaning that a stateless persons must apply under other legal grounds.
• Access to the education, labour market and welfare services does not depend on the determination of statelessness but on the residence status the stateless person can obtain.
• Most Member States facilitate access to nationality for children born stateless in their territory to some degree. This if often carried out through the principle of ius soli (the principle of citizenship acquired by the place of birth) under certain conditions, or through facilitated naturalisation. However, only half of the EU Member States have full safeguards in place against statelessness at birth.
• In most Member States, limited or no provisions exist for children born en route to the EU to obtain a birth certificate or equivalent documentation in the country of arrival.

Approaches in EMN Countries and Sweden

• Nine EU Member States (Bulgaria, Czech Republic, Spain, France, Hungary, Italy, Luxembourg, Latvia, the Netherlands) and Georgia have a dedicated statelessness determination.
• For example, Germany, Slovenia and Norway do not have dedicated procedure for determining statelessness, but statelessness can be identified during other administrative processes - refugee status determination, application for citizenship, residence permit or international protection status among others.
• In Sweden, statelessness may be determined when an application for a residence permit is filed with the Swedish Migration Agency or when a person registers with the tax authorities. In this case, the tax authorities can undertake further investigations into the statelessness of the applicant. Neither of the two institutions has a dedicated procedure to determine statelessness nor consistent administrative guidelines.

The EU Pact on Migration and Asylum

The EU Pact on migration and asylum has introduced measures to improve identification of stateless persons, and to enhance their protection. The Pact introduces a harmonised definition of stateless persons in line with international law and underline Member States’ obligations under international law towards recognising stateless persons and ensuring their access to rights.