Existing Statelessness determination procedure
access to naturalization procedures. Accordingly, information on naturalization
requirements should be easily accessible to the public.
Of the countries that provide for facilitated naturalization of stateless persons, a number
have set a lower number of years that a stateless person needs to have resided in the
country to be naturalized as compared with foreigners who are not stateless. In Brazil,
the length of residency is two years for stateless persons as opposed to four years for
foreigners. In Ecuador, it is two years as opposed to three years for foreigners; in
Bulgaria it is three years rather than five; in Hungary it is also three years rather than
five; and in Italy it is five years rather than ten. The law of Argentina also provides that
naturalization applications submitted by stateless persons will receive priority treatment
from the competent authority.
A number of States also exempt stateless persons from paying fees to initiate the
process and provide for free legal aid. These things are both expressly included in the
laws of Argentina and Paraguay, for example.
In a number of States the facilitation of naturalization of stateless persons also includes
an exemption from submitting certain documents that would otherwise be required
when applying for naturalization or assistance in acquiring the necessary
documentation. In Argentina, stateless persons are exempted from submitting
documentation of country of origin or residence that they do not have or cannot
reasonably obtain, including birth certificates and criminal records from the country of
origin. In Paraguay, the Supreme Court of Justice will as far as possible assist applicants
to obtain missing documents. In Uruguay, applicants are exempt from the requirement
to present a birth certificate of their country of origin or other documentation issued by
foreign authorities where it is manifestly impossible to do so.
In the law of Uruguay it is expressly stipulated that stateless persons do not need to
prove legal entry into the country. In Montenegro, stateless persons are exempt from
requirements to acquire citizenship such as language proficiency and proof of livelihood.
U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S
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