seeking – but not yet granted – asylum or a residence permit on humanitarian grounds.154
Hence, in order to ensure that persons qualifying for the status of stateless persons are guaranteed the rights
set out in the 1954 Convention and find a durable solution, UNHCR recommends that persons recognized
as stateless be granted a residence permit in line with the guidance set out in the UNHCR Handbook on
Protection of Stateless Persons.
3.4.2.2 THE RIGHT TO WORK
Chapter III of the 1954 Convention addresses Gainful Employment. These articles refer to stateless persons
“lawfully in” (Article 18, self-employment) or “lawfully staying ” (Article 17, wage-earning employment; and
Article 19, liberal professions) in the territory and require that contracting states provide such stateless
persons “treatment as favorable as possible and, in any event, not less favorable than that accorded to aliens
generally in the same circumstances.” Although the Convention does not define the term “wage-earning
employment,” it should be interpreted in the broadest sense of the term.155
In Norway, if a stateless person is granted a residence permit that entails a work permit, the stateless person
will be entitled to the same right as others holding the same permit. Stateless persons recognized as refugees
who are holding a corresponding residence permit are entitled to the right to work.156
3.4.2.3 THE RIGHT TO PUBLIC RELIEF
Article 23 of the 1954 Convention provides: “The Contracting States shall accord to stateless persons lawfully
staying in their territory the same treatment with respect to public relief and assistance as is accorded to their
nationals.” The right to social security is set forth in Article 24 and is also a “lawfully staying” right.157 Like Article
23, Article 24 requires that states treat stateless persons “lawfully staying” in the territory in the same manner in
which nationals are treated with respect to certain labor and social security provisions, as detailed in Article 24.
There is no reference in national legislation to any specific public relief granted to stateless persons. Public
relief will thus be granted in accordance with the legal status of the stateless person in question. So, for
example, if the stateless person is applying for asylum, he or she will have access to the same public relief as
other asylum applicants.158 Stateless persons with a right to stay in Norway are eligible for the social insurance
system and public services like others who have these rights.159
154
See also two Norwegian Supreme Court cases dated 21 December 2012 (Rt-2012-1985 and Rt-2012-2039).
155
Robinson, N., Convention Relating to the Status of Stateless Persons, Its History and Interpretation, A Commentary (1955),
p. 62.
156
See, e.g., UDI, Immigration Act and Immigration Regulations, and Vejørn Aalandslid and Lars Østby, Country Report Norway,
National Data Collection Systems and Practices, Prominstat 2009, p. 13.
157
See UNHCR Handbook, para 137, noting, “The ‘lawfully staying’ requirement envisages a greater duration of presence in a
territory. This need not, however, take the form of permanent residence. Shorter periods of stay authorised by the State may
suffice so long as they are not transient visits. Stateless persons who have been granted a residence permit would fall within
this category.84 It also covers individuals who have temporary permission to stay if this is for more than a few months. By
contrast, a visitor admitted for a brief period would not be ‘lawfully staying.’ Individuals recognised as stateless following
a determination procedure but to whom no residence permit has been issued will generally be ‘lawfully staying’ in a State
party by virtue of the length of time already spent in the country awaiting a determination.” See also Waas, L.V., Nationality
Matters, pp. 325-327.
158
Interview with UDI, 21 August 2012. See for example Nordic Network for Research on Refugee Children, Reception of asylum
seeking and refugee children in the Nordic countries: The Norwegian report (2010), available at: http://goo.gl/ZpQzSo. See
also The Directorate of Health, Helsetjenestetilbudet til asylsøkere, flyktninger og familiegjenforente June 2010, available at:
http://goo.gl/mxZf8k.
159
Links to many of the social and health services legislations: Helsetilsynet, available at: https://goo.gl/RBXzD1. List of the most
important social services Government bodies: Helsetilsynet, available at: http://goo.gl/o5Evbd. All persons who intend to stay
in Norway for six months or more and have a valid residence permit are registered in the CPR and given a Personal Identification
Number (PIN-code) that is of crucial importance for everyday life in Norway such as the access to the Norwegian National Health
Services; Vejørn Aalandslid and Lars Østby, Country Report Norway, National Data Collection Systems and Practices, Prominstat
2009, pp. 4 and 6.
UNHCR STOCKHOLM, OCTOBER 2015
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