What does it mean to be ‘stateless’?
Being stateless means that you do not have a nationality (you are not a citizen of any country in the world). Without nationality, you may not get an identity card or passport. Without these documents, you may not be able to go to school, work legally, get married, register your child, open a bank account, or to travel to other countries country.
You may become stateless for several reasons, such as losing your documents while fleeing war, gaps or restrictions in nationality laws, dissolution or creation of new states, discriminatory measures resulting in deprivation of nationality, obstacles in civil and birth registration, or even armed conflict.
You can find more information on statelessness here.
What are routes to protection and how can I resolve my situation?
If there is a possibility that you are stateless, you can resolve your situation through several procedures:
- If you face danger or persecution and you fear to return to your country, you can consider applying for international protection, or if Ukraine was your last country of residence, you can apply for temporary protection. (Temporary protection – UNHCR Helpsite)
The asylum application will have priority and the statelessness determination procedure will be suspended. ( Asylum in Czechia – UNHCR Czechia ) - If there is no danger or persecution, you can in principle apply for a residence permit in Czechia. However, you may face some problems if you do not have any travel or identity documents.
If you do not have travel or identity documents, you should apply for a determination of statelessness (see more information below).
However, even if another procedure is started, you should still consider applying for a determination of statelessness, as having your statelessness confirmed may still be useful in some cases.
How can I apply to be recognized as a stateless person?
You can make an application at the Department of Asylum and Migration policy (OAMP) Office.
There is no specific form to apply. You need to send an application letter explaining the reasons why you believe you are stateless and add supporting documents, if you have any, in particular:
- a copy of a travel document, even if it has expired;
- birth and marriage certificates or other documents which show your identity;
- any relevant documents you may have that prove you do not have citizenship, such as documents proving that you are not a national of the state in which you were born, states in which you have resided or the state which issued your identity document (if such a document exists);
- evidence of efforts you have made to acquire the nationality of the state of birth, states in which you have resided or the state which issued your identity document;
- evidence of refusal of entry into a country of potential nationality.
Other relevant supporting documents may include statements from relevant people, school certificates, medical records, employment records or even social welfare records.
After you apply, the Ministry of Interior will either issue directly a decision on the status of statelessness based on your application or invite you for an interview. At the interview, you must provide as many details and proof as possible. The Ministry will also do some investigation (for example on the law applicable in your country of origin or will contact the embassy of the alleged state of nationality).
Can I receive free legal advice and assistance for my statelessness application?
Yes, a lawyer from UNHCR’s NGO partner ‘Organization for Aid to Refugees’ (OPU) can provide you with information and free legal assistance for the application procedure and accompany you throughout the procedures. ⚖️ Legal aid – UNHCR Czechia
You can also contact UNHCR by writing at the following email address: [email protected]
Can I stay in Czechia during the procedure of being recognized stateless?
Yes, after you apply to be recognized stateless, you will receive a certificate of application, which entitles you to stay regularly in Czechia for the period of the procedure and serves also as an identification document. This only applies to the first application.
Can I work while I am still in the process of being recognized as stateless?
Yes, as soon as 6 months have passed since the application was filed, you can apply for a work permit at the Labor Office (for a specific job).
Can I apply for asylum if I fear to return to my country of origin?
Yes, in this case you should apply for asylum (International Protection). The asylum application will have priority and the statelessness determination procedure will be suspended. ( Asylum in Czechia – UNHCR Czechia )
As a recognized stateless person, what residence permit am I entitled to?
If you are recognized a stateless person in Czechia, you will obtain a ‘tolerated stay’ visa (“vízum strpění”) for 1 year, and an identity travel document (“cestovni prukaz totoznosti”). The ‘tolerated stay’ visa is intended for people who cannot return to their country of origin. You will be able to work without any restrictions and if you cannot pay for your health insurance, you will be enrolled in the public health insurance system. After 1 year, you will be able to extend your ‘tolerated stay’ visa.
What happens if my stateless application is rejected?
The Ministry of Interior will issue a negative decision. If you do not agree with the decision, you can appeal to court, with the help of a lawyer (see section above regarding legal advice)
If you do not wish to appeal, the Ministry will issue you a departure order visa to leave Czechia.
As a recognized stateless person, can I apply for citizenship in Czechia?
Generally, it is possible to apply for Czech citizenship only after five years of permanent residence (which can be gained after five years of stay based on tolerance visa and long-term residence permit).
As a stateless person, you can ask the Ministry right after you obtain a permanent residence permit to lift the requirement of five years of permanent residence. However, this is not an entitlement, and the decision is at the discretion of the Ministry.
