Background:  

EMN Cyprus launched this ad hoc query following the adoption of Decree No. 278 by the Republic of Belarus in September 2023, which stripped Belarusian diplomatic missions of the authority to issue, renew, or replace passports. Consequently, Belarusian citizens must now apply for these services in person within Belarus. This has created a significant hurdle for children born in Cyprus to Belarusian parents legally residing there, as these children remain without a travel document. Without a valid passport, these children are unable to access existing legal migration pathways, risking a lack of defined legal status despite their birth and residence in the territory. This query seeks to understand how other EMN Member and Observer Countries address the documentation and legal status of such children. 

Respondents:  

20 EMN Member Countries and Observer Countries  (including BE) provided a public answer to this ad hoc query. 

Findings:  

A preliminary analysis of the results of the ad hoc query shows that: 

• Only a small number of countries have encountered specific cases where Belarusian children born on their territory were unable to obtain a passport (CZ, FI, LT, LU, PL, SE). Many other countries report no such cases to date (BE, HR, CY, EE, DE, HU, LV, NL, PT, SK, ES), though some note reports from civil society or similar issues involving adult Belarusian nationals (CY, IT, SI). 

• The majority of responding countries allow the issuance of national travel documents to children who cannot reasonably obtain a passport from their home country (AT, CZ, EE, FI, DE, LT, LU, NL, PL, PT, SK, SI, SE). These documents, such as alien's passports or certificates of identity, often serve as a substitute for a national passport to fulfil residency requirements. 

• Legal status for the child is generally derived from the status of the parents. Most countries grant the child the same type of residence permit held by the parents (AT, CZ, FI, DE, LT, LU, PL, PT, SI). In some countries, this status is granted automatically or ex officio upon birth registration if the parents are legal residents (BE, EE, SI). 

• Several countries provide flexibility regarding the passport requirement for residence applications. Countries may allow the submission of applications using alternative documentation, such as local birth certificates or parents' identity documents (BE, HR, DE, NL). Notably, ES implemented a specific measure in January 2026 to accept expired Belarusian passports for all residency procedures due to the restrictive Belarusian decree. 

• Alternative legal solutions exist in specific jurisdictions to prevent a lack of status. For example, PT grants original Portuguese nationality to children born on its territory if at least one parent has been a legal resident at the time of birth. In CZ, a "leave to remain" visa may be considered for children whose parents are not legal residents. 

For further details, please read the compilation of answers attached above.