Moldova

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Limba română

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 parents must be documented to register a birth, with some communities at higher risk of remaining unregistered, including Roma. Provisions for deprivation of nationality are broadly in line with international standards.

The original version of this country profile is the English version. In case of any discrepancies with the translated version, the English version should take primacy.

Last updated:

Feb 2025

Country expert(s):

Oleg Palii, Law Center of Advocates (CDA)

Additional resources

ASSESSMENT KEY

++POSITIVE

+ SOMEWHAT POSITIVE

+-POSITIVE and NEGATIVE

- SOMEWHAT NEGATIVE

--NEGATIVE

ADDITIONAL INFO

NORMS & GOOD PRACTICE

International and Regional Instruments

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.

The 1954 Convention

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.

The 1961 Convention

Moldova is State party to the 1961 Convention with no reservations and it has direct effect.

Other Conventions

Moldova is State party to all other relevant regional and international treaties. 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 Returns Directive.

Statelessness Population Data

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. Data on detention is also 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’.

Availability and sources

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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 2023, 1889 recognised stateless people were registered in the Government database (including 887 people with expired identity documents). Data indicate that 1348 of the 1889 recognised stateless people live in the disputed Transnistrian region. In addition, 1339 people were registered in the Government database as people with ‘undetermined legal status’.
As of February 2024, there were approximaly 297 applicants awaiting a decision on their statelessness determination.
UNHCR’s figures for 2023 record 3,267 stateless people in Moldova.
Law Centre of Advocates (CDA) carried out a mapping exercise in 2020 to identify stateless people or those at risk of statelessness in prisons and residential care centres.
The National Prisons Administration reported 18 stateless people (recognised or applicants under the SDP) and 58 people with undetermined nationality in prisons. The mapping exercise also identified 48 people at risk of statelessness in residential care centres. CDA plans to carry out a further national mapping exercise in 2025.
The stateless population is likely underreported, especially with respect to the disputed Transnistria region.

Stateless in detention data

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.

Statelessness Determination and Status

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 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, although no trainings were conducted in 2024. 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.

Definition of a stateless person

The definition of a stateless person in national law is consistent with the 1954 Convention.

Training

The State provides training and information sessions on statelessness to relevant bodies with the support of UNHCR and other international organisations, although no training was organised on statelessness in 2024.
Regular trainings are provided by CDA and UNHCR for judges, judicial assistants, lawyers, and state officers.

Existence of a dedicated statelessness determination procedure (SDP)

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 the restructure and decentralisation of certain procedures which used to be under the authority of its predecessor, the Bureau of Migration and Asylum, the SDP is now processed by three territorial offices of the IGM.

Access to the procedure

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.
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.

Assessment

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.

Procedural safeguards

The law establishes that free legal aid should be provided for the administrative procedure. In practice, this 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 which is now processed by three territorial offices of the General Inspectorate for Migration (IGM), timelines for the SDP are no longer adhered to in some cases.
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.

Protection during the procedure

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.

Appeals

The applicant has an automatic right to appeal and there are no fees for the appeal.
The provision of free legal aid is established by law and provided by the State and NGOs for the judicial procedure.
There is no evidence of significant errors in decision making.

Statelessness status

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.

Temporary protection for people fleeing war

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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 is currently valid until 1 March 2025. As of the end of December 2024, the Government has not yet adopted a decision further extending temporary protection.
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 when this expires.

Detention

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, but periodic judicial reviews were removed in 2016, and although a 2018 advisory opinion of the Supreme Court required this to be reinstated, this was never implemented. People released from detention will either be transferred to the Statelessness Unit for documentation if recognised as stateless or granted ‘tolerated stay’ if not.

Immigration detention

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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.

Identification of statelessness

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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 2012-2023, 50 people were referred to the SDP and released from detention following confirmation they were not a national by the proposed country of removal.
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.

Procedural safeguards

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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.
Provision for regular periodic review of detention was repealed in 2016. A 2018 Advisory Opinion of the Supreme Court of Justice required this to be reinstated, but was never implemented. Courts in some cases ignore the 2018 Advisory Opinion and order detention for periods up to six months. Renewal of the detention period requires a new court decision.
Free legal aid is provided to people in detention.
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.

Protection on release

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.

Return and readmission agreements

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.

Prevention and Reduction

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. 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.

Naturalisation

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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, citizenship test or minimum income level requirements.
Stateless children can apply to naturalise after five years’ lawful stay.
Naturalisation in Moldova costs 500 LEI (25 EUR) processing fee plus 180 LEI (9 EUR) State tax . After naturalisation, to get an identity card costs 130 LEI (6.50 EUR) and a passport 650 LEI (33.50 EUR) plus 50 LEI (2.60 EUR) State tax.
Certain criminal offences prevent naturalisation (these include international and military crimes, crimes against humanity, terrorism, activities that endanger public order or national security or the ‘health and morality of the population’).

Stateless born on territory

Children born on the territory who would otherwise be stateless automatically acquire Moldovan nationality by law if at least one of their parents has lawful residence, international protection, or statelessness status in Moldova. Since an amendment to the Law on Citizenship entered into force in November 2023, a child who meets the 1954 Convention definition of a stateless person may acquire Moldovan nationality by application, after undergoing the statelessness determination procedure. However, there are no provisions to facilitate the procedure for children, nor to adapt it in line with best practice on child-friendly procedures. Nonetheless, this amendment is an improvement as previously a stateless child’s ability to acquire nationality was dependent on the status of their parents.
Parents are not provided with information about their child’s nationality rights and relevant procedures.
The application for nationality is not subject to any requirement to fulfil a period of residence or any fees. Children may apply until the age of 18. The burden of proof to show that the child meets the definition of a stateless person under the 1954 Convention is shared.
Children born in Moldova to refugees are automatically granted nationality by law.

Foundlings

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.

Adoption

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.

Ius sanguinis

In all cases, the law provides for a child born to Moldovan parents anywhere to acquire nationality automatically.

Birth registration

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 parents are undocumented.
Birth registration should take place no later than three months 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.
Only the mother who gave birth to the child will be registered in the birth certificate. There are no laws or regulations relating to the registration of birth of children born as a result of a surrogacy agreement. 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.

Reducing in situ statelessness

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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.
There are no other reduction measures in place.

Deprivation of nationality

Grounds for the deprivation of Moldovan nationality are established in law and include where a person acquired nationality by fraud, enlisted in a foreign army, committed particularly serious deeds damaging the State, or is subject to international sanctions. There is a safeguard against statelessness in all cases of deprivation of nationality except for fraudulent acquisition of nationality and being subject to international sanctions. 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.

Resources

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.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (Jan 1954)

Council of Europe - European Convention on Nationality (Nov 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (Jan 2006)

United Nations - Convention on the Reduction of Statelessness (Jan 1961)

Publications

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Jul 2020)

European Network on Statelessness - Statelessness determination and protection in Europe (Sep 2021)

UNHCR, CDA & Migration and Asylum Office - Quick Guide for Refugees from Ukraine in Moldova (in Ukrainian) (Feb 2022)

The European Network on Statelessness - Submission to inform the European Commission 2023 Enlargement Package (Apr 2023)

Law Center of Advocates, European Network on Statelessness & Institute on Statelessness and Inclusio - Joint Submission to the Human Rights Council at the 40th Session of the Universal Periodic Review (UPR) (Jul 2021)

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Nov 2024)

ENS - Submission to inform the European Commission 2024 Enlargement Package (Apr 2024)

Moldova

Additional resources

ASSESSMENT KEY

ADDITIONAL INFO

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