C) Factors to consider when designing a national system
What types of residence permit do refugees (and potentially other non-nationals granted international
protection) receive? Would the same type of permit be suitable for stateless persons in light of UNHCR
guidance and international good practices?
Does the country’s legal system prefer creating separate types of residence permits for all different categories
of foreigners staying on its territory?
If yes, the possibility of separate residence permit for stateless persons may be considered.
Does the country’s legal system prefer integrating many different categories of resident foreigners under
a few main types of residence permits (for example, a permanent residence permit or indefinite leave to
remain is granted to refugees, beneficiaries of subsidiary protection, long-term residents and unaccompanied
minors)?
If yes, an appropriate, already existing type of residence permit may be used in case of stateless
persons as well.
Can the creation of a completely new type of residence permit cause serious technical difficulties and thus
significantly delay the issuance of such documents?
If yes, using an appropriate, already existing type of residence permit may be the preferred option
for stateless persons as well.
VII.2 Access to the labour market
A) Summary of international standards
Recognition of an individual as a stateless person also triggers the “lawfully staying” rights under the 1954
Convention. Thus the right to work must accompany a residence permit.101
B) Existing good practices
Employment is usually pivotal for successful social integration and economic self-reliance. Stateless persons are
often in a vulnerable situation and usually have enduring protection needs. Consequently, their facilitated access
to the labour market is a key condition of a valid protection status and leading a dignified existence. Recognising
this, the vast majority of states operating a specific protection regime for stateless persons (namely France,
Georgia, Italy, Latvia, Moldova, Slovakia, Spain and the United Kingdom) ensure unrestricted access to
the labour market for stateless persons recognised as such. This means that stateless persons can be employed
without any additional administrative condition (for example obtaining a work permit), which in many of these
countries constitutes preferential treatment as compared to foreigners in general. Of course, in every state there
are certain specific jobs (public administration, military, etc.) that may still be reserved only for nationals.
101 See 1954 Convention, Art 17; UNHCR Statelessness Guidelines 3, Para 31
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