Kosovo

Most relevant international and regional instruments have been incorporated into Kosovo’s domestic legal framework. However, data on the population affected by statelessness is very limited and the issue is likely underreported. Kosovo introduced a statelessness determination procedure (SDP) in 2020 leading to a dedicated statelessness status. The procedure is established through an administrative instruction, but is otherwise generally in line with good practice, except that applicants are not granted rights during the procedure. Recognition of statelessness leads to a renewable temporary residence permit, and other rights established by the 1954 Convention. However, it is reported that people may face some barriers to accessing these rights in practice.

There are gaps in safeguards to prevent the arbitrary detention of stateless people. Detainees are not routinely referred to the SDP and are not granted rights upon release to prevent re-detention. Positively, there are safeguards in nationality law to prevent childhood statelessness, including in the case of foundlings, adopted children, children born abroad to Kosovar parents, and children born on the territory who would otherwise be stateless. However, they are little used, so implementation is unclear, particularly where parents may hold another nationality but are unable to confer this to their child. Birth registration is assured in law, but there are practical barriers that disproportionately impact on Romani, Ashkali, and Egyptian communities. Same-sex partnerships are not regulated in Kosovo so children may not be registered as having same-sex parents. Deprivation of nationality is permitted in law, but there are safeguards to prevent statelessness and no case has been reported.

Востаннє оновлено : 
лют 2025
Експерти-країнознавці: 

Roma Versitas Kosovo

Додаткові ресурси

Роз”яснення до оцінювання

++Позитивна оцінка
+ Частково позитивна
+-Як позитивна, так і негативна
- Частково негативна
--Негативна

Додаткова інформація

-Норми та прийняті нормативи

 

Міжнародні та регіональні інструменти

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.

Kosovo has enshrined in its Constitution several relevant international and regional conventions, including key safeguards from the 1954 and 1961 statelessness conventions as well as the provisions of the European Convention on Human Rights and the Convention on the Rights of the Child. Although Kosovo cannot be party to international conventions due to its specific political status, rights deriving from these conventions take precedence over domestic law where they have been enshrined in the Constitution. However, some relevant international and regional instruments have not been incorporated, including the European Convention on Nationality, the European Convention on the Avoidance of Statelessness in Relation to State Succession, the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, and the Convention on the Rights of Persons with Disabilities.

  • Due to its political status, Kosovo cannot become a party to the 1954 Convention. However, it has incorporated many of its provisions in domestic law.
  • Due to its political status, Kosovo cannot become a party to the 1961 Convention. However, it has incorporated many of its provisions in domestic law.
  • Due to its political status, Kosovo cannot become party to international and regional instruments. However, relevant instruments including the European Convention on Human Rights and the Convention on the Rights of the Child are enshrined in the Kosovo Constitution and rights deriving from these instruments take precedence over domestic law.
  • Some relevant instruments have not been incorporated, including the European Convention on Nationality, the European Convention on the Avoidance of Statelessness in Relation to State Succession, the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, and the Convention on the Rights of Persons with Disabilities.

Дані про населення без громадянства

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.

There is very limited statelessness population data in Kosovo. There is no ‘stateless’ category in official data reporting systems, and no available data on statelessness from recent censuses. The latest census carried out in 2024 included an option to state where an individual is stateless, but results have yet to be published. UNHCR reports that there are 14 people with recognised statelessness status in Kosovo in 2024 and provides an estimate for the number of people at risk of statelessness or with undetermined nationality in the country (approximately 450). However, the authorities do not publish any official data on the SDP. Civil society organisations hold some data and information on affected populations, but the last official mapping of the affected population was carried out by the Civil Registration Agency with UNHCR support in 2015. The risk of statelessness particularly affects minoritised communities and is very likely to be underreported. No data is available on stateless refugees and asylum seekers nor on stateless people held in detention.

  • There is no ‘stateless’ category in official data reporting systems in Kosovo. The census was last conducted in 2024 and included an option to state where an individual is stateless. The results of the census will be published in 2025.
  • The Government does not publish any data on the SDP, but UNHCR reported 14 people with recognised statelessness status in Kosovo in 2024 and estimated that around 450 people remain at risk of statelessness or with undetermined nationality in the country.
  • The most recent official survey of Romani, Ashkali, and Egyptian communities in Kosovo was conducted by the Civil Registration Agency with UNHCR support in 2015 and reported that 2.5% of the surveyed population was at risk of statelessness or had undetermined nationality.
  • Data on the affected population is very likely to be underreported considering the lack of official data collection systems and categories, the reliance on self-identification in the census, the lack of awareness of statelessness among those collecting data, and issues with participation in the census by minoritised communities, including Romani, Ashkali, and Egyptian communities.
  • There is no data on stateless refugees and asylum seekers.
  • The authorities in Kosovo do not record data on stateless people held in immigration detention.
  • The authorities collect data on reasons for release from immigration detention, but this is not publicly available.

Визначення безгромадянства та статус

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 statelessness 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.

The definition of a stateless person in Kosovar law is in line with the 1954 Convention. Kosovo introduced a statelessness determination procedure (SDP) leading to a dedicated statelessness status through an administrative instruction in 2020. The procedure is conducted by a central authority, which may initiate the procedure on its own initiative. There is no fee nor lawful stay requirement, the application may be submitted orally or in writing, and regular training is provided for decision makers and lawyers. The burden of proof is shared, and the standard of proof is the same as in asylum procedures. Applicants may access free legal aid provided by UNHCR and NGOs, they have a right to an interview, interpretation, and to appeal, and decisions are given in writing. However, while applicants are not detained nor expelled during the procedure, they do not have a right to residence nor any other rights. People recognised as stateless are granted temporary residence for one year, renewable annually for five years, after which they can apply for permanent residence (and naturalisation). They have the right to an identity card, a travel document, and other rights including work, education, healthcare, and family reunification. However, no travel document has ever been issued and issues accessing other rights have been reported in practice.

  • The definition of a stateless person in Kosovar law is in line with the 1954 Convention.
  • UNHCR and the Civil Rights Program - Kosovo (CRP/K) organise annual training sessions on statelessness for public authorities, judges, and lawyers.
  • Kosovo established a dedicated statelessness determination procedure through an administrative instruction in 2020. The procedure leads to a dedicated statelessness status.
  • The SDP is conducted centrally by the Division of Citizenship under the Department for Citizenship, Asylum and Migration of the Ministry of Internal Affairs.
  • Instructions on how to make an application are publicly available online and the application form is simple and available in three languages (Albania, Serbian, and English).
  • Applications can be made in writing or orally and interpreting is available in Albanian, Serbian, and English. Applicants must submit all available evidentiary documentation although authorities adopt a flexible approach and often request documents from other institutions on their own initiative to complete the application.
  • There is an obligation on the authorities to consider applications.
  • Authorities may initiate the procedure ex officio although this option has never been used.
  • There is no fee, lawful stay requirement, nor time limit to access the procedure.
  • The competent authority closely cooperates with UNHCR and the Civil Rights Program - Kosovo (CRP/K) to refer cases for statelessness determination.
  • The burden of proof in the SDP is shared. The applicant must provide all available evidentiary documentation to the competent authority, who reviews the presented facts as well as country of origin information. The authority may request ex officio additional documentation and verification from countries with which the applicant has a connection.
  • The standard of proof is the same as in asylum procedures in law and practice.
  • There are no specific provisions aimed at ensuring substantive equality and avoiding discrimination, except in human trafficking cases. There are no child-friendly adaptions to the procedure for children.
  • The administrative instruction governing the procedure provides guidance on gathering evidence and other obligations of decision-makers assessing applications, but there is no other written guidance for decision-makers.
  • There is no evidence of significant errors in decision-making, but there is no provision for quality assurance audits (see below).
  • Free legal aid provided by UNHCR and the Civil Rights Program - Kosovo (CRP/K) is available during the procedure.
  • Applicants have the right to an interview, including a second interview if required, and free interpreting in specific languages (Albanian, Serbian, and English).
  • There are no quality assurance audits of the procedure.
  • Applicants have access to UNHCR during the procedure, including in interviews.
  • Decisions are given in writing with reasons within 180 calendar days from the date of the application, which can be extended until 365 calendar days in exceptional circumstances (for example, in case of delay in verifications procedures with the country of origin).
  • The same department assesses SDP and refugee status determination applications, therefore there should not be an issue in ensuring cross-referral, although no specific guidance is available on this and there has been no case so far. The SDP is suspended if the applicant has initiated an asylum procedure and resumed if the applicant is not granted asylum.
  • Applicants are issued a letter confirming their application status, but this does not constitute a right to reside nor any other rights. Applicants are considered to have ‘tolerated stay’ during the procedure and should not be detained or expelled.
  • Applicants do not currently have any other rights during the procedure, but a draft law currently before Parliament may improve access to rights if adopted.
  • There is an automatic right to appeal the first-instance decision free of charge.
  • Applicants have access to free legal aid provided by UNHCR or the Civil Rights Program - Kosovo (CRP/K).
  • People recognised as stateless are granted a temporary residence permit for one year, which is renewable annually for five years. After five years they may apply for permanent residence.
  • Recognised stateless people are issued an identity card (a biometric residence card, which also serves to prove identity).
  • In theory, people recognised as stateless have the right to family reunification, work, education, and healthcare, as well as the right to a travel document. However, no travel document has been issued so far by the authorities and there are reports that people face challenges accessing their rights in practice due to limited awareness on the part of the authorities.
  • Recognised stateless people do not have a right to social security, nor the right to vote. Pending reforms currently before Parliament may further improve access to rights if adopted.
  • Statelessness status may be revoked if the individual has acquired the nationality of another State or has been naturalised as a Kosovar national. No information is available on any proportionality assessment prior to a revocation decision but there has been no case to date.
  • It is unclear if stateless people habitually resident in Kosovo would be able to access consular protection abroad and no case has been reported to date.
  • The only mechanism for temporary protection for people fleeing Ukraine was an ad hoc scheme adopted by the government that provided protection to a group of Ukrainian national journalists. No cases of stateless or undocumented people fleeing Ukraine to Kosovo have been reported.

Затримання

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 gaps in Kosovar law to prevent the arbitrary detention of stateless people. Although detention is a measure of last resort in law, it is not the case in practice, statelessness is not juridically relevant in decisions to detain, and there is no procedure for identifying statelessness in detention decisions nor a referral system from detention to the SDP. There are some procedural safeguards in law such as a time limit on immigration detention and detainees have the right to free legal aid from the government or NGOs subject to certain conditions. There are no protections on release from detention, which means that stateless people are at risk of re-detention. Statelessness is referenced in return and readmission agreements Kosovo has entered into but is not considered juridically relevant.

  • Powers for immigration detention are provided for in the Law on Foreigners, which establishes that people subject to forced removal may be held in detention until the removal order is executed.
  • The law provides that detention is a measure of last resort and alternative measures must be prioritised where feasible and if deemed sufficient to guarantee compliance with the removal order, which is assessed on a case-by-case basis. However, alternative measures are rarely used in practice and detention is prioritised.
  • Detention is limited to the time necessary to enable removal from Kosovo. Permitted grounds for detention include public security concerns and identity verification.
  • After the person is detained, authorities must submit a readmission application to the competent authority of the country of removal. A proposed country of removal is identified before a person is detained for removal.
  • There is no clear obligation in law on authorities to release a person when there is no reasonable prospect of removal. Authorities may review whether the reasons for detention are still met, which may lead to replacing detention with alternative measures, but there is no periodic judicial review.
  • Statelessness is not identified as part of a decision to detain and there is no referral from detention to the SDP.
  • The Law on Asylum provides for a definition of vulnerability but statelessness is not considered a factor increasing vulnerability. The law does not require vulnerability assessments to be carried out prior to detention, but some form of assessment is usually performed in practice, albeit inconsistently.
  • There is no data on detention of stateless people. While there have not been reported cases to date, it is possible that stateless people may be detained since statelessness is not identified and considered in detention and removal procedures.
  • The Law on Foreigners sets a maximum period of detention of six months, which may be extended for an additional six months if the removal is impossible within the initial timeframe. The person must be informed in writing in an official language and in English about the reasons for detention and the detention period. The individual will be released from detention when a forced removal decision or a voluntary departure decision is issued, or a detention decision is annulled, and in any case at the end of the maximum period of detention. 
  • There are no regular periodic reviews of the necessity for continued detention, although authorities may review whether the reasons for detention are still met, which has happened in practice in some cases. Detainees have the right to appeal detention orders before the Appeals Commission on Foreigners and, as a second stage, the Basic Court.
  • Free state legal aid is only available to stateless people who have recognised statelessness status, as well as asylum seekers and refugees. Stateless people without statelessness status are provided free legal aid by UNHCR and CRP/K.
  • Detainees are provided with information on their rights and contact details of legal advice and support providers.
  • There are no guidelines in place governing the process of re-documentation and ascertaining entitlement to nationality for the purpose of removal.
  • People released from detention are not granted any residence status nor issued with identification documents and may be subject to re-detention.
  • A draft law currently pending before Parliament proposes to address the rights provided to people released from detention.
  • Return and readmission agreements entered into by Kosovo include reference to stateless people, but statelessness is not considered a juridically relevant fact. No cases of stateless people being returned under these agreements have been reported.

Попередження та скорочення

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.

Recognised stateless people may apply for naturalisation in Kosovo after five years of continuous residence, which is the same as for other foreigners, and they are not exempt from any other requirements. Kosovar law provides that a child born or found stateless on the territory acquires nationality automatically if both parents are unknown or stateless, and by application if a parent holds another nationality. However, this provision has never been used in practice so implementation is unclear. There are safeguards in law to prevent statelessness arising during adoption procedures, as well as for children born to Kosovar parents abroad. Birth registration is assured in law, but minoritised communities and particularly Romani, Ashkali, and Egyptian communities, disproportionately face barriers to birth registration. Where evidential requirements for birth registration cannot be met, late birth registration procedures are lengthy and complex. Same-sex partnerships are not recognised in Kosovo, so children may not be registered as having same-sex parents. Deprivation of nationality is permitted in law but safeguards to prevent statelessness are in place and there have been no cases in practice.

  • A person recognised as stateless may apply for naturalisation after five years of continuous residence in Kosovo from the date of obtaining statelessness status. According to the law, authorities should expedite the naturalisation of stateless people and refugees and reduce costs, but in practice, the requirements are the same for all applicants.
  • To naturalise, applicants must show that they have no criminal record nor pending criminal proceedings. Stateless people are not exempt from these requirements, nor from language tests or fees.
  • The fee to apply for naturalisation for adults is 150 EUR and 50 EUR for children.
  • No stateless people have applied for naturalisation so far.
  • A child born or found in Kosovo who would otherwise be stateless acquires Kosovar nationality. If their parents are unknown or stateless, the provision is automatic. If a parent holds another nationality, it is by application. However, these provisions have never been used, so implementation is unclear.
  • Children born in Kosovo to foreign parents with residence status may acquire nationality upon the application of one parent with the other parent’s consent until the child is 18 years old subject to payment of a fee (50 euros). Where the other parent does not consent and the child would otherwise be stateless, the child acquires Kosovar nationality. Where no application has been made by the time the child is 18, and they remain stateless, the individual will need to apply for recognition of statelessness under the SDP and then for naturalisation through the standard procedure to acquire Kosovar nationality. Moreover, in practice, children born to foreign parents without residence in Kosovo who cannot pass on their nationality to their child, would likely be unable to access Kosovar nationality for their child, contrary to the safeguard in law to prevent childhood statelessness.
  • There is no facilitated procedure for children born to refugees in Kosovo to acquire Kosovar nationality.
  • Foundlings are granted Kosovar nationality automatically at birth. There is an age limit of 18 years old.
  • The law explicitly states that nationality cannot later be withdrawn if this would lead to statelessness.
  • A child national adopted by foreign parents does not lose their Kosovar nationality unless they acquire another nationality or are guaranteed acquisition of another nationality. If the child fails to acquire the other nationality, they can apply to re-acquire Kosovar nationality through a special procedure. Children over 14 must give their consent before losing Kosovar nationality.
  • A child adopted by Kosovar parents acquires Kosovar nationality upon adoption. The law does not specify an age limit.
  • Children born abroad to one Kosovar parent will acquire Kosovar nationality if the other parent is a foreign national, stateless, or has unknown nationality and gives their written consent for the child to obtain Kosovar nationality before the child turns 14. Where the other parent does not provide consent and the child would otherwise remain stateless, the law provides that the child will acquire Kosovar nationality.
  • The law does not provide for differential treatment based on parents’ marital status and women and men have equal rights to confer their nationality to their children. However, although the constitution prohibits discrimination based on sexual orientation, same-sex unions are not legally recognised and same-sex parents may therefore face challenges in conferring nationality to their children due to difficulties in establishing legal parentage, although there have been no cases reported in practice.
  • The law provides that all children are registered immediately upon birth without discrimination.
  • Births are registered within 30 days by the Municipal Civil Status Offices (MCSO) in the place of birth or where the child was found in the case of foundlings. Moreover, health institutions must notify MCSOs weekly about births occurring under their care.
  • Information such as the fact, time, and place of birth is provided through medical reports, verifications by the MCSO, and documentation from the police or other authorities in the case of children born outside a health institution and foundlings. This information serves to complete the birth act, which legally certifies the birth, includes the child’s name and personal identification number, information on parents if available, and other relevant data, and serves as the basis to issue a birth certificate. The law ensures that foundlings and children born to undocumented parents are assigned a name and are officially registered.
  • All children are issued with a birth certificate upon registration.
  • The child’s nationality is determined by the MCSO based on the Law on Citizenship and is recorded during birth registration and included in the birth act, if known. The length of the procedure varies depending on the complexity of the case and responsiveness of the relevant authorities. However, for children born in the country, only Kosovar nationality can be recorded. If the child is determined to be of another nationality, the nationality field in the birth certificate is left blank so parents can register the birth in their country of nationality and follow the relevant nationality acquisition procedures. There is no legal framework to determine the child’s nationality at a later stage.
  • There are no reports of children being prevented from registering their birth due to their parents’ migration status. However, as same-sex unions and parenthood are not recognised in Kosovo, children cannot be registered as having same-sex parents, although no cases have been reported. Moreover, minoritised groups such as Romani, Ashkali, and Egyptian communities, face significant challenges accessing birth registration due to a lack of documentation, difficulties in accessing procedures, inconsistent implementation of legal provisions, stigma, and limited awareness.
  • Late birth registration is possible through a procedure conducted by the MCSO subject to a fine and provision of documentation, including identification documents, medical report, and witness statements, depending on whether the birth occurred in or outside a health institution. A court procedure may be initiated when registration through the MCSO is not possible due to a lack of documentation or when the birth cannot be verified by other means and free legal aid is provided by NGOs. Romani, Ashkali, and Egyptian communities are exempted from the payment of fines. For children aged over 12 born outside a health institution, the procedure involves an additional verification process with the Civil Registration Agency to prevent duplicate registrations.
  • There are no mandatory reporting requirements obliging health or civil registry authorities to report undocumented migrants to immigration authorities, but there is no clear prohibition from sharing that information.
  • Since the Zagreb Declaration in 2011, Kosovo has made significant efforts to develop a legal framework to ensure the right to birth registration, nationality, and access to the statelessness determination procedure. Recently, Kosovo has initiated legislative proposals to facilitate access to birth registration and improve the rights of recognised stateless people, although these reforms have yet to be adopted by Parliament.
  • In 2019, Kosovo joined other Western Balkan States in committing to addressing remaining civil registration issues affecting the Romani population under the Poznan Declaration (as part of the Berlin Process) and has participated in follow-up activities and joint commitments in subsequent years since.
  • However, efforts to promote civil registration are mostly undertaken by civil society organisations with the support of international partners. While State institutions participate in these efforts, there is no comprehensive government programme to promote civil registration. There have been occasional efforts led by State institutions, such as the removal of financial barriers to access birth registration for Romani, Ashkali, and Egyptian communities during the month of April 2024. Moreover, the government made a pledge in the Strategy for Romani and Ashkali communities to develop a systemic institutional mechanism for the identification, prevention and reduction of statelessness, but no such mechanism has yet been created.
  • Romani, Ashkali, and Egyptian communities continue to face significant challenges to accessing birth registration and confirming and acquiring their nationality due to difficulties in securing evidence and the authorities’ limited knowledge of their right to nationality, leaving the SDP the only route to lawful status in some cases. This is exacerbated by a lack of data on unregistered individuals.
  • There is a safeguard to prevent statelessness in all cases of deprivation, loss, or renunciation of Kosovar nationality. Deprivation of nationality is only permissible on national security grounds when the person holds another nationality. There have been no cases of deprivation of nationality in practice.
  • The competent authority is the Division for Citizenship within the Ministry of Internal Affairs. Deprivation decisions are subject to procedural safeguards, including the right of the individual concerned to present their case and evidence. Decisions are made in writing with reasons and there is a right to appeal and free legal aid.
  • To renounce Kosovar nationality, an individual must hold a foreign nationality or possess a guarantee that they will acquire it. If the other nationality is not acquired within one year, the decision to renounce Kosovar nationality can be revoked.
  • There are provisions permitting deprivation of Kosovar nationality on national security grounds where an individual possesses another nationality and such decisions can be issued in the absence of the individual concerned.
  • No specific provision prevents derivative loss of nationality, but there have not been any cases to date.

Ресурси

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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