Background:

Recognised stateless persons, who obtain stateless status or citizenship in a country other than the one where they initially obtained their stateless status, will be enrolled in the social healthcare system of this country and fully enjoy the respective rights. Without an effective exchange of information between these two countries on the recognition of stateless status or the granting of citizenship, the stateless person may receive social and healthcare benefits from two countries simultaneously. This ad hoc query, launched at the request of EMN Georgia with the endorsement of the EMN Platform on Statelessness, examines how EMN Member Countries obtain accurate data or check existing stateless statuses in order to prevent this phenomenon of “double dipping”.

Respondents:

A total of 27 countries responded to this ad hoc query (including BE).

Findings:

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

• Most Member Countries do not have a specific residence status for stateless persons. This means that the social rights and benefits that recognised stateless persons enjoy are derived from the type of residence that they have otherwise acquired (for instance, on humanitarian grounds), and not from their stateless status in itself. In Belgium, for instance, stateless persons who have a residence permit are issued a travel document, qualify for family reunification, are entitled to work and education, and have access to social security and healthcare under the same conditions as third-country nationals. Stateless persons who do not have a residence permit are not entitled to work and are only entitled to urgent medical assistance on the same basis as undocumented migrants. Stateless minors have access to compulsory education.
   
• Most Member States do not have bilateral or multilateral agreements with other Member States on the exchange of information regarding stateless status. This is because the burden of proof to obtain stateless status often lies on the applicant him or herself. In some cases, Member States will proactively check whether the applicant is not a legal resident or a national of another Member State before recognising the stateless status.
   
• The expiration of stateless persons’ residence permits is never grounds to suspend their stateless status. Usually, recognition of statelessness ends only if the beneficiary receives the citizenship of another State.

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