Existing Statelessness determination procedure
To be consistent with the standards set out in the 1954 Convention, the grant of a
residence permit to a stateless person should be accompanied by the right to work,
access to health care and social assistance, and the issuance of identity papers and a
travel document. For example, legislation in Spain provides for the right to work for
those recognized as stateless.
Family reunification is not expressly provided for under the 1954 Convention but is a
principle that is recognized in a number of international human rights instruments. States
are encouraged to facilitate family reunion for individuals determined to be stateless in
their territory. An example of good practice in this respect is Brazil, where residence
permits are granted for the purpose of family reunion, including to family members not
already in Brazil.
In Argentina, family members can obtain the same type of residence permit and on the
same terms as a recognized stateless person unless they can obtain another Argentine
residence permit under more favorable conditions. Family members do not need to
already be living in Argentina. In Uruguay, family members of foreign nationality have
the right to obtain legal residence in Uruguay and an identity document.
In Costa Rica, the statelessness status of family members who do not have a nationality
will be recognized by extension. Other family members who do have a nationality can
get their stay regularized in Costa Rica.
7. Facilitating naturalization of stateless persons
In accordance with Article 32 of the 1954 Convention, it is recommended that States
Parties facilitate, as far as possible, the naturalization of stateless persons. Indeed, SDPs
are a pathway to ultimately resolving a person’s statelessness through the acquisition of
a nationality. Facilitating naturalization involves adjusting requirements and procedures
for naturalization to make it easier for stateless persons to acquire nationality. This may
be achieved, for example, by creating expedited procedures, reducing or waiving
residence, income and language requirements for applicants and by exempting them
from fees or the obligation to provide documentary evidence. There should be effective
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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