Moldova

Law, policy, and practice on the protection of stateless people and prevention and reduction of statelessness is generally positive in Moldova. The country’s record on treaty accession is good and it has established a dedicated Statelessness Determination Procedure (SDP) in law. The SDP is accessible, with a mandatory interview, an option to initiate the procedure ex officio, and some rights are granted to applicants. People recognised as stateless in Moldova are granted rights in line with nationals, but do not have any political rights (for example, they cannot vote in any elections).

Moldovan law provides for detention to be used only as a last resort and a country of removal must be set prior to detention for removal. Although there is an accelerated route to naturalisation, reduced from ten years, a stateless person must still wait eight years before being eligible to apply for naturalisation. There are partial safeguards in nationality law to prevent statelessness. Since June 2023, children born on the territory who would otherwise be stateless may acquire nationality by application and after undergoing the SDP, if they meet the conditions to be recognised as stateless, irrespective of the status of their parents. The Moldovan legal framework provides for universal birth registration. However, access to birth registration and a birth certificate is hindered in practice by the requirement that the child’s mother must be documented to register a birth, with some communities at higher risk of remaining unregistered, including Roma. Provisions for deprivation of nationality have been expanded and may result in statelessness, including on the grounds of nationality security.

Posljednje ažuriranje: 
Jan 2026
Stručnjaci zemlje: 

Oleg Palii, Law Center of Advocates (CDA)

Dodatne informacije

Ključ za procjenu

++Pozitivan
+ Donekle pozitivan
+-Pozitivan i negativan
- Donekle negativan
--Negativan

Dodatne informacije

-Norme i dobre prakse

 

Međunarodni i regionalni instrumenti

Assesses whether countries are State party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

Moldova is State party to most relevant international and regional instruments, including the four core statelessness instruments. It is one of very few countries to have acceded to the Convention on the Avoidance of Statelessness in Relation to State Succession. Moldova does retain some reservations to the 1954 Convention, but these no longer have substantive effect as domestic law grants all convention rights to people recognised as stateless.

  • Moldova is State party to the 1954 Convention, and it has direct effect.
  • Moldova maintains reservations to several articles (23, 24, 25, 27 and 31) but these no longer have substantive effect, as domestic law grants all convention rights to recognised stateless persons.
  • Moldova is State party to the 1961 Convention with no reservations and it has direct effect.
  • Moldova is State party to all other relevant regional and international treaties, except the Convention on the Protection of all Migrant Workers and their Families. It does retain some reservations, including to the European Convention on Nationality and European Convention on Human Rights, but these do not have a substantive impact on statelessness.
  • Moldova is not a Member State of the European Union, but its domestic law partially implements EU Directives, including the EU Return Directive.

Podaci o stanovništvu bez državljanstva

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries, and migration databases. Notes whether statelessness has been mapped in the country and whether there are sufficient measures in place to count stateless persons in detention.

Disaggregated data on the stateless population in Moldova is limited. The authorities record data on people recognised as stateless but do not publish this. Some mapping studies have been conducted by civil society organisations to identify undocumented people and those at risk of statelessness. Data on detention is not published. There are some problems with the way official data is collected, including that there are overlapping categories, such as ‘people with USSR passports’ and people with ‘undetermined citizenship’.

  • The General Inspectorate for Migration (IGM) (formerly the Bureau of Migration and Asylum) and the Public Services Agency record the number of people recognised as stateless in Moldova, but this data is not routinely published.
  • According to the government data, as of the end of 2025, 1,919 recognised stateless people were registered in the Government database (including 935 people with expired identity documents). Data indicate that 1,340 of the recognised stateless people live in the disputed Transnistrian region. This data is disaggregated by ethnicity, country of origin, gender, and age. In addition, 2,634 people were registered in the Government database as people with ‘undetermined legal status’.
  • UNHCR’s figures for mid-2025 record 4,704 stateless people in Moldova, which is based on data provided by national authorities and includes those recognised through the SDP and people with undetermined nationality who hold expired Soviet passports.
  • Law Centre of Advocates (CDA) carried out mapping exercises in 2020 and 2025 to identify undocumented people and/or those at risk of statelessness. In 2025, the mapping received data across nearly 70% of Moldova’s local districts, resulting in the identification of 409 undocumented people.
  • In 2025, the National Administration of Penitentiaries reported 56 stateless people (recognised or applicants under the SDP) and 24 undocumented people in prisons. The mapping exercise carried out by CDA in 2020 also identified 48 people at risk of statelessness in residential care centres.
  • The stateless population is likely underreported, especially with respect to the disputed Transnistria region, and due to people not informing the authorities if they emigrate or obtain a nationality.
  • The General Inspectorate for Migration reports no stateless asylum seekers or refugees (or subsidiary status holders) in Moldova.
  • There are no known stateless people in immigration detention. Data on stateless people entering or leaving immigration detention is not published by the General Inspectorate for Migration (IGM)). If stateless people are identified in detention, they are referred to the statelessness determination procedure and released.
  • NGOs report that between 2012-2023, 50 people were released from detention and referred to the SDP due to impossibility of removal, but no such cases have been reported since then.

Utvrđivanje i status apatridije

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a statelessness status but no clear mechanism to access protection. The existing procedures and rights granted to stateless persons are examined and assessed against international norms and good practice. Assesses whether stateless people fleeing war have access to temporary protection.

Moldova has a dedicated SDP, which in many ways is an example of good practice. The procedure was established in law in 2011. It is accessible, with no fee or residence requirement, and can be initiated ex officio, in person, orally or in writing. The dedicated Statelessness Unit must examine claims within six months, free legal aid is established in law but assistance is in practice provided by NGOs, an interview is mandatory, an interpreter can be arranged, and training is provided to the competent authority with the support of international organisations. The burden of proof is shared, and although not established in law, the standard of proof is the same as in the asylum procedure, and cross-referral between procedures is established. Applicants are protected from expulsion and have access to some basic rights, including the right to work; and there is an automatic right to appeal. People recognised as stateless are granted permanent residence and rights similar to nationals with some exceptions.

  • The definition of a stateless person in national law is consistent with the 1954 Convention.
  • The State provides training and information sessions on statelessness to relevant authorities and civil society organisations with the support of UNHCR and the Office of the Ombudsperson. In 2025, three regional trainings were organised focusing on the prevention and reduction of statelessness and mechanisms to refer stateless people.
  • Regular trainings are provided by CDA and UNHCR for judges, judicial assistants, lawyers, and state officers.
  • There is a dedicated statelessness determination procedure established in law.
  • The authority appointed to determine statelessness is the Statelessness Unit of the General Inspectorate for Migration (IGM), which is part of the Ministry of Interior. Since 2023, the SDP has been decentralised and is now processed by three territorial offices which are part of the IGM.
  • The statelessness determination procedure can be initiated ex officio by government officials (i.e., at their initiative), or by the applicant, orally or in writing. There is no application fee, residence requirement, nor time limit on when applications can be submitted.
  • By law, the application must be examined by the competent authority and an interview must take place within 15 working days of submitting the application.
  • There is no specific form for the initial application, but it must contain a clear and detailed description of facts and evidence to support the application. There is a mandatory interview, and the examiner completes all the paperwork during the interview.
  • If needed, an interpreter is arranged, free of charge to the applicant.
  • The IGM website includes limited information on the procedure, available in Romanian and English, but there are no targeted information campaigns for applicants on how to make an application.
  • There is cooperation between authorities, and by law other government agencies that receive a statelessness application must refer the application to the competent authority. The Ombudsperson’s Office has published a guide on the referral of stateless and undocumented people.
  • Statelessness is not identified by border authorities. There is no guidance relating to the identification of statelessness during the asylum procedure, but referrals from the asylum procedure to the SDP have occurred in practice.
  • The burden of proof for the determination of statelessness is shared between the applicant and the State.
  • The standard of proof for the SDP is not established in law, but in practice, it is the same as in the asylum procedure.
  • There are protective measures in place for people with disabilities and unaccompanied minors; but not in relation to potential gender discrimination.
  • There is an internal instruction for the competent authority on how to determine statelessness, sources of evidence and procedures for gathering evidence, but this is not publicly available, and it does not include national country-of-origin information relating to statelessness. In practice, country-of-origin information produced by the Ministry of Foreign Affairs and other credible sources may be used.
  • The law establishes that free legal aid should be provided for the administrative procedure. In practice, this assistance is provided by NGOs.
  • Interviews are mandatory, and translation and interpretation are offered for free if needed.
  • Access to UNHCR is provided, and UNHCR monitors the SDP and provides regular training.
  • Decisions are communicated in writing and negative decisions are reasoned.
  • The application for the SDP must be examined by the competent authority within a period of up to six months. Depending on the complexity of the case, this can be extended by subsequent periods of one month each, but the extension will not exceed six months in total (12 months in total). Since the restructure and decentralisation of the SDP, timelines for the SDP were no longer adhered to in some cases, however efforts during 2025 have made improvements to these delays. At the end of 2025, around 180 cases were pending, only a few of which had exceeded the deadline for examination.
  • Cross-referral mechanisms are in place to asylum procedures. The SDP is suspended if an asylum application is made and resumed if refugee (or subsidiary protection) status is refused.
  • An applicant for statelessness status will be informed of their rights in writing in a language that they understand and is entitled to: right to stay in Moldova during the assessment (expulsion is prohibited while the application is pending, except in cases of national security or public order); a temporary identity document; to use their own language; to have an interpreter; to work; and to housing (but in practice, social housing is not available). Applicants also have access to social security entitlements, but only if they work.
  • If a person applies for statelessness determination whilst in detention, the authorities will seek clarification from states of possible nationality. If their nationality is formally not recognised or the time limit for detention expires, they will be released. People who apply for statelessness determination while living in the community will not be detained.
  • The applicant has an automatic right to appeal.
  • The provision of free legal aid is established by law and provided by the State and NGOs for the judicial procedure.
  • A small fee (approx. 10 EUR) must be paid for lodging appeal applications, though exemptions may be provided to people receiving Government-funded free legal aid.
  • There is no evidence of significant errors in decision making.
  • The State grants lawful status and an indefinite right to stay to those recognised as stateless.
  • The rights attached to statelessness status include a travel document and an identity document issued upon application, family reunion, right to work, primary, secondary and higher education in line with nationals, access to social security and healthcare.
  • Most rights granted are on the same basis as nationals. However, stateless people do not have any political rights in Moldova. The right to vote in any election is reserved to Moldovan nationals only.
  • It is unclear whether stateless people habitually resident in Moldova may access consular protection abroad as they are not mentioned in the law and Moldova is not signatory to the 1967 Convention on Consular Functions.
  • There are reports that some documented stateless people have crossed from Ukraine to Moldova without difficulty. For those without documents, entry is permitted in order to apply for protection.
  • Stateless people, people at risk of statelessness and those who are undocumented can apply for protection in Moldova. Moldova recognises statelessness status and international protection granted by Ukraine.
  • The Government approved a decision on 18 January 2023 to offer temporary protection to people fleeing Ukraine for one year, which was activated on 1 March 2023 and has been extended annually, currently valid until 1 March 2027.
  • Temporary protection is available to people recognised as stateless by Ukrainian authorities and to stateless people who benefitted from international protection or equivalent national protection in Ukraine. Moldova does not extend temporary protection to stateless people who had a valid permanent residence permit in Ukraine (on a basis other than statelessness), nor to undocumented people from Ukraine.
  • The Government has not issued a decision on a post-temporary protection strategy. Beneficiaries of temporary protection may apply for international protection or different types of residence permits, if eligible.

Zadržavanje

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

There are several gaps in detention law, policy, and practice in Moldova. Although there are some protections against the arbitrary detention of stateless people in that powers to detain are provided for in law, detention should be a last resort and a country of removal must be set prior to detaining; in practice, it is unclear how these principles are implemented. The maximum time limit differs for different types of detention, but there is no time limit for detention pending deportation following a criminal conviction. The provision of information to detainees on their rights is not set out in law and is provided by UNHCR’s NGO partners at the discretion of the Government. There are some remedies for detainees and periodic judicial reviews were reinstated in 2025 following their removal in 2016. People released from detention will either be transferred to the Statelessness Unit for documentation if recognised as stateless or granted ‘tolerated stay’ if not.

  • Powers for immigration detention are provided for in law.
  • By law detention should be the last resort, but there are no alternatives to immigration detention established in law and in practice, alternatives are not considered during decisions to detain.
  • A proposed country of removal must be identified during the administrative decision to remove, prior to the judicial decision to detain for the purposes of removal.
  • The person must be released from detention if the maximum period of detention has expired, or if the grounds for detention no longer exist. There are no other obligations on the authorities to release the person.
  • Statelessness is relevant in the decision to detain in that a recognised stateless person will not be detained. Referral to the SDP is possible from detention. If a person who is detained for the purposes of removal applies to the SDP, they may remain detained until the proposed country of removal confirms they are not a national. Between 2012-2025, 50 people were referred to the SDP and released from detention following confirmation they were not a national by the proposed country of removal (no referrals have taken place since 2022).
  • Although there is no definition of vulnerability in law, vulnerability assessments are carried out prior to the decision to detain, but statelessness is not considered during the assessment.
  • Maximum periods of detention differ for different categories of detainee: 12 months for 'undesirable persons' (person whose resident permit has been cancelled with no right of return for five to 15 years); six months for people subject to removal procedures; no time limit for people subject to a deportation order following a criminal conviction.
  • The law provides that all administrative and judicial decisions must be given in writing.
  • People in detention are informed about their rights, including how to access the SDP and support. This is done by an NGO (an implementing partner of UNHCR) through an agreement with the authorities, but this service is discretionary and not funded by the government.
  • Since the beginning of 2025, immigration detention is again subject to regular judicial review. Courts may order detention in 30 day periods, with the possibility of extending it in additional 30 day increments up to the legal maximum. Although this provision previously existed, it was removed in 2016 and only reinstated in 2025, despite a 2018 Advisory Opinion from the Supreme Court of Justice requiring its reintroduction.
  • Free legal aid is provided to people in detention.
  • There are no obligations provided in law requiring detainees to provide identity documents or proof of nationality/statelessness.
  • People in detention have the possibility to appeal against each court decision to detain. There are no provisions regarding the language of the appeals, but if the appeal is written in another language it must be translated into an official State language.
  • Released, undocumented stateless people are referred to the Statelessness Unit to be provided with documentation.
  • Re-detention does not occur in practice, so there is no accumulation of time spent in detention.
  • If the detention purpose cannot be fulfilled, the person is released and obtains ‘tolerated stay’ status, but few rights are conferred to someone with this status. However, there are no reported cases of stateless people ending up in this category, as they are referred for statelessness determination.
  • The readmission of stateless people is provided for in several of the agreements that Moldova has entered into, including for example, with the European Union, Norway, Bosnia and Herzegovina, and Ukraine. Others, including the agreements with Albania and Switzerland, do not mention stateless people.
  • Very little information is available as to whether stateless people are readmitted under these agreements in practice and no monitoring information nor statistics are publicly available.

Prevencija i redukcija

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

Eligibility for naturalisation is reduced from the standard 10 years but stateless people must still wait eight years before being eligible for naturalisation. Moldovan nationality law contains safeguards to prevent childhood statelessness. While previously, the ability of a stateless child born in Moldova to acquire nationality was dependent on the status of their parents, since 2023, children born on the territory who would otherwise be stateless may acquire nationality by application if they meet the conditions to be recognised as stateless and after undergoing the SDP. However, some children continue to be excluded as this is not a full safeguard to prevent statelessness at birth. Foundlings automatically acquire nationality and children born to Moldovan parents acquire Moldovan nationality automatically. However, efforts to prevent statelessness in Moldova are hindered by barriers to universal free birth registration. At least the mother must be documented to register a birth, which means that some parents face barriers to registering births, including Roma and other members of minority groups. Deprivation of nationality measures may result in statelessness, including on the grounds of national security, but there are safeguards to prevent statelessness in cases of renunciation.

  • There are accelerated naturalisation procedures for recognised stateless people and refugees. Adults can apply for naturalisation after eight years lawfully staying in Moldova, compared to the standard 10 years for most foreigners, but there is no fee exemption nor waiver of language and citizenship tests (which must be completed by all people over 14 years-old) or minimum income level requirements.
  • Stateless children cannot independently  apply to naturalise and can only apply together with their parents.
  • Amendments in 2025 significantly increased the naturalisation fee in Moldova, which now costs 6650 LEI (approx. 335 EUR) processing fee plus 180 LEI (9 EUR) State tax. After naturalisation, acquiring an identity card costs 290 LEI (approx. 14 EUR) and a passport 650 LEI (approx. 33.50 EUR).
  • Certain criminal offences and good character conditions prevent naturalisation (these include international and military crimes, crimes against humanity, terrorism, activities that endanger public order or national security). In 2025, additional conditions were introduced relating to people who have joined hostile military forces, submitted false or misleading information during the naturalisation process, or are subject to international restrictive measures.
  • There is a provision in law for children born on the territory to acquire Moldovan nationality if (i) both parents are stateless or beneficiaries of international protection, or (ii) if one parent is stateless or beneficiary of international protection, and the other is a foreign national, and the child ‘meets the legal conditions for being recognised as stateless’.
  • Children born in Moldova to two parents who hold statelessness status or are beneficiaries of international protection are granted nationality by law, but the parents must have gone through the SDP before the child was born and then apply on behalf of the child for them to acquire Moldovan nationality, submitting several documents.
  • In the second scenario, in addition to one of the parents being recognised as stateless through the SDP or granted international protection, the law also requires that the child ‘meets the legal conditions for being recognised as stateless’. While Moldova already had a provision to prevent statelessness at birth, this exact wording was introduced in 2025 following the new Law on Citizenship, and it is still unclear how it will be applied in practice. It is likely that the child may need to demonstrate that they are stateless by undergoing an SDP, and then apply to acquire Moldovan nationality and submit several documents (including the identity documents of the parents).
  • This may present a barrier for some children, as there are no specific safeguards to facilitate the SDP for children or adapt it to child‑friendly standards in line with international good practice, and children born to undocumented parents may be initially unable to access the SDP.
  • A child born in Moldova who meets the definition of a stateless person, irrespective of their parents’ status, can acquire Moldovan nationality after undergoing the SDP.
  • The complexity of the provisions means that some children may fall through the gaps, as the wording of the safeguard to prevent statelessness at birth still depends on the nationality or protection status of the parents, rather than focusing on whether the child would otherwise be stateless in any scenario. It also unduly prolongs children’s statelessness and leaves them in limbo, as they must go through several procedures before acquiring a nationality.
  • Positively, the 2025 amendments removed a previous requirement that at least one of the child’s parents have lawful residence in Moldova.
  • Parents are not provided with information about their child’s nationality rights and relevant procedures.
  • The application for nationality for children born on the territory is not subject to any requirement to fulfil a period of residence or any fees. Stateless people born on the territory who are over 18 years-old must apply for recognition of nationality, which is accompanied by fees (approx. 340 EUR in total).
  • Foundlings are granted nationality automatically by law and there is no age limit.
  • Moldovan nationality cannot be withdrawn from a foundling if this would result in statelessness.
  • A child adopted by foreign parents cannot lose Moldovan nationality if this would lead to statelessness.
  • There is provision in law for a non-Moldovan child adopted by Moldovan parents to acquire nationality, but they must opt for and apply for this; it is not automatic. There is no time limit.
  • In all cases, the law provides for a child born to Moldovan parents anywhere to acquire nationality automatically.
  • The law provides for universal birth registration, irrespective of the parents' residence status, and registration is automatic for children born in medical institutions. However, it is not possible to complete the registration if the child’s mother is undocumented.
  • Birth registration should take place no later than one month after birth, and birth certificates are issued upon registration. If the mother is undocumented, she must be documented before the child’s birth can be registered. This can sometimes cause delays of several years, with no other safeguards in place for the child in the meantime. Late birth registration is possible in practice, but it is subject to a fine.
  • There are credible reports from NGOs of barriers to birth registration for undocumented parents and children remaining unregistered as a result. Romani communities are disproportionately impacted and many face challenges due to parents' lack of documentation. There is no requirement to report people who are undocumented to immigration authorities.
  • Same-sex marriages cannot be registered in Moldova, and it is not possible to register the names of both parents on the child’s birth certificate if they are of the same sex.
  • The child's nationality is determined and recorded upon birth registration in the State Register of Population if the child meets the conditions for automatically acquiring Moldovan nationality, but it is unclear how the child’s nationality is determined (if at all) if their parents do not have residence status in Moldova or the child’s entitlement to nationality cannot be proven with documentation.
  • Children cannot apply for their birth registration if this was not done by their parents or other representatives. The parents’ relatives or another person authorised by them, as well as by the guardianship authority, are competent to declare the child’s birth if their parents are unable.
  • There are no current proactive government campaigns or programmes to promote birth registration. The Government passed a decision in 2009 ‘on simplifying the procedure for registering new-borns’, which introduced automatic registration for children born in a medical institution.
  • In 2018, the law was amended to recognise Transnistrian civil status acts, facilitating birth registration and acquisition of nationality for children born in Moldova to parents of Transnistrian origin.
  • In 2023, the safeguard in Moldovan citizenship law for otherwise stateless children born on the territory was strengthened through an amendment that enables a child who meets the conditions to be recognised as stateless to acquire nationality after undergoing the SDP. In 2025, the new Law on Citizenship removed the requirement that parents have legal residence in Moldova.
  • There are no other reduction measures in place.
  • Grounds for the deprivation of Moldovan nationality are established in law and may be applied even if it results in statelessness. This includes where a person acquired nationality by fraud, enlisted in a foreign army, committed particularly serious deeds damaging the State, or has ties to terrorism or committed other acts endangering national security. There is a further provision for deprivation of nationality for people subject to international sanctions, but this must not result in statelessness. There are no known cases where deprivation based on fraud has been applied which rendered a person stateless.
  • There is also a safeguard to prevent statelessness in cases of renunciation of Moldovan nationality. The competent authority for deprivation of nationality is the President, an appeal is possible, and legal aid is available to challenge the presidential decree.
  • Deprivation of Moldovan nationality does not affect the nationality of a spouse or children.

Izvori

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

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