John has been recognized as stateless in the UK and tells UNHCR about his daily life and his experience of applying for statelessness leave
there. © UNHCR/Katie Barlow
ACTION 6: In migratory context, determine statelessness
and protect stateless persons and facilitate their
naturalization
DESIRED OUTCOME
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States identify stateless persons in migratory context through determination procedures that lead to a legal
status that permits residence and guarantees the enjoyment of basic human rights.
States facilitate the naturalization of stateless persons, including by reducing the required number of years of
residence, lowering or waiving application fees, and ensuring that information on naturalization requirements
is easily accessible.
Context
Most stateless persons remain in the country of their birth.
However, statelessness can also occur in migratory situations,
for example “expatriates who lose or are deprived of their
nationality without having acquired the nationality of a country
of habitual residence”27. Stateless migrants comprise a minority
of the global stateless population, but many are not recognized
as stateless and face serious human rights problems such as
prolonged or repeated detention and destitution. Often, no
State will grant them legal residence and the authorities of their
country of origin will not re-admit them. Although some States
have introduced mechanisms to determine whether a migrant
is stateless, positive determinations do not necessarily lead to a
legal status that permits residence, enjoyment of basic human
rights and facilitated naturalization.
In a migratory context, a statelessness determination procedure
(SDP) serves to identify stateless persons and ensure that they
are granted the rights that they are entitled to until they acquire
a nationality. However, for stateless populations who remain
in their “own country” – referred to as “in situ populations”
– solutions are best found by pursuing targeted nationality
campaigns or verification efforts rather than resorting to SDPs
to establish statelessness status (See Action 1).
27
See para. 1, UN High Commissioner for Refugees (UNHCR), “Handbook on protection of stateless persons”, 30 June 2014, https://www.
refworld.org/policy/legalguidance/unhcr/2014/en/122573.
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GLOBAL ACTION PLAN TO END STATELESSNESS 2.0