necessity to keep the procedural guarantees analogous to the asylum procedure.32 . 27. This framework also means that recognition of statelessness in the Czech Republic does not lead to any status or residence rights. Since January 2019, upon determination of statelessness, the Ministry of Interior delivers a certificate stating a person’s statelessness under the 1954 Convention. The decision that confers the person statelessness status is only declaratory and explicitly states that statelessness determination does not give a legal right to stay. It informs the person about the possibility to regularise their residence status. 28. The new Immigration Act provides that a person recognised as stateless will be granted a tolerated stay visa for one year. The visa is renewable after one year for a long-term stay for the purpose of tolerated stay on the territory (two years renewable). After five years in total, the person can apply for permanent residence.33 Stateless persons are not entitled to any route to protection or regularisation in the Czech Republic on the grounds of statelessness. They must comply with the same residence requirements and administrative procedures as foreign nationals, which may be particularly difficult and contravenes the protective purpose of the 1954 Convention. 29. Stateless people may be able to access some of their rights under the 1954 Convention, but access is limited. For example, it is possible to apply to join the public health insurance programme after at least one year on a tolerated stay visa, but this is not automatic and is accorded on humanitarian grounds at the discretion of the Ministry of Interior. It is also possible for someone on tolerated stay to make a special request to obtain a work permit subject to certain criteria set out in the Employment Act. The right to family reunification is not granted to holders of a tolerated stay visa, but it is possible for holders of long-term residence. Legally residing foreigners can in some cases access social services and social security, including housing. A travel document accepted by the Czech Immigration Police and some other countries can be requested with tolerated stay, but once the stateless person leaves the Czech Republic their tolerated stay expires, so they cannot return. A 'foreigner's passport' will be issued to those who have acquired permanent residence.34 30. The duty to facilitate naturalisation of stateless persons defined in Article 32 of the 1954 Convention is included in the Citizenship Act and is formulated in the same way as in the case of recognised refugees. At the discretion of the Ministry of Interior, the general residence requirements of five years may be lifted. Stateless persons may also be exempted from the requirement that the applicant has not been a “burden on the social welfare system” in the three years prior to the application. Other conditions for naturalisation apply to stateless persons, including knowledge of the Czech language, citizenship test, proof of revenue for the last three years, and absence of criminal record. The application for naturalisation itself is free but in case of a positive answer, a fee of 2000 CZK for adults and 500 CZK for minors and refugees applies.35 32 Czech Ombudsman´s Investigation Report of 26. April 2022, Nr.: KVOP-26997/2022 Act on Residence of Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”; Section 33(3) of Act on Residence of Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”; Section 43 of Act on Residence of Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”; Section 68.2b) of Act on Residence of Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”. 34 Section 48, 50(3), 113 and 114 of Act on Residence of Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”; Section 97 of Czech Employment Act no. 435/2004 (regarding work permit) 35 Sections 5, 13-15 of Czech Citizenship Act; Act no. 634/2004 on administrative fees, “Zákon č. 634/2004 Sb., o správních poplatcích, ve znění pozdějších předpisů” 33 7

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