basic education.143 There are no specific rights with regard to education granted to persons pending the
determination of citizenship status procedure.
3.4.2 Rights of persons recognized as stateless
No specific status or residence permit is granted to persons who have undergone the citizenship determination
procedure. The result of the procedure may however have an impact on the status or residence permit granted
under an immigration procedure, primarily in the asylum procedure. In most cases, though, the procedure is
aimed at determining the citizenship status of a child born in Finland or a person already residing in Finland;
rather than granting a status or a residence permit, the procedure results in registration or correction of the
registration of the person’s nationality.
As for persons determined as stateless in the asylum procedure, the rights granted depend on whether and
which kind of residence permit the person is granted in Finland.
Persons who are determined as stateless have some specific rights with regard to the naturalization procedure,
and in case of a stateless child born in Finland, the right to automatic acquisition of Finnish nationality.
3.4.2.1 THE RIGHT OF RESIDENCE
There is no legal provision under which a person’s right to residence in Finland is linked solely to the fact
that the person is stateless. The right to residence in Finland depends on the result of the other immigration
procedures, and whether a residence permit is granted or not.
In three of the 34 cases from 2009 to 2011 which were reviewed and in which the persons were determined
to be stateless, the person’s lack of nationality was considered as the main reason rendering the person
vulnerable to harm and therefore deserving of international protection or a residence permit on individual
compassionate grounds. In an additional 13 cases, the person’s lack of a nationality was taken into consideration
in the assessment of the claim but was not considered to be a contributing or cumulative factor for granting
international protection or a residence permit on other grounds (even though in some of these cases, a
residence permit was granted but on grounds not related to the person’s lack of nationality). Many of these
13 cases concerned stateless Kurds from Syria; statelessness was mentioned in the assessments of all these
claims. However, rather than examining the consequences of statelessness for these persons, emphasis was
put on the Kurdish ethnicity.
In 10 decisions where the persons were deemed to be of “unknown nationality”, a residence permit was
granted based on various grounds. In two of the cases, the grant of residence permit was linked to the
issue of lack of nationality or the uncertainty of existence of nationality. This seems to refer to the person’s
actual statelessness, even though the person was not determined as such. In one of these cases, a child
born in Finland to an applicant whose nationality was determined as unknown due to credibility issues, was
determined as not having acquired any other nationality, and therefore as having acquired Finnish nationality
since the child would otherwise have become stateless. The parent was consequently granted a residence
permit based on family ties to a Finnish national.
3.4.2.2 THE RIGHT TO WORK
The right to work is linked to the residence status of the immigrant; there are no specific provisions on right
to work specifically concerning stateless persons. Right to work is included in permanent and continuous
residence permits and in most types of temporary residence permits too, in accordance with the Aliens Act.
143
Government Bill, hallituksen esitys 266/2010 Laiksi kansainvälistä suojelua hakevan vastaanotosta.
UNHCR STOCKHOLM, NOVEMBER 2014
39
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