The conflicting process of obtaining status of immigrant in order to obtain a residence permit, which gives one the right to permanently reside in the country, creates an additional obstacle. Internal affairs bodies forward applications for permanent residence permits to the SCME, which decides on granting status of immigrant. According to Article 31 of the 2000 External Migration Law, up to one year is given for the review of an application for status of immigrant. A similar period is provided for a permanent residence permit (para. 5 in the 2008 Residence Permit Regulations). The 2000 External Migration Law is unclear as to whether a person, who does not have a valid visa, has the right to remain lawfully in the Kyrgyz Republic pending a decision on residency. Authorities can choose to interpret the absence of a valid visa as an illegal stay, which is subject to administrative punishment. Neither the 2000 External Migration Law, nor the 2008 Residence Permit Regulations provide for an appeal process if an application for residence is denied. NGOs and individuals concerned noted that, in practice, due to the lengthy duration of the process and high rates of rejection by the SCME, as well as a non-transparent decisionmaking processes, very few individuals succeed in obtaining permanent residence permits for stateless persons. This method is therefore not popular among stateless individuals attempting to regularize their status. Furthermore, an appeal mechanism does not exist for stateless persons who are denied residency to seek recourse. The 1993 Aliens Law provides for equal access to rights and freedoms, non-discrimination to stateless persons (and foreigners) and nationals unless otherwise stated by law (Article 3). It grants stateless persons permanently residing in the Kyrgyz Republic equivalent rights to nationals in employment, rest, healthcare, social security, education, property, association, freedom of religion, marriage, family, personal security, fiscal charges, and in judicial proceedings (Articles 7-17 and 19-20). The only differentiations are that stateless persons (and foreigners) are not subject to military conscription and do not have the right to vote or stand for public office (Articles 21-22). It should however be mentioned that only individuals whose statelessness status has been formally determined and conferred may enjoy the above rights under the law. Stateless persons who are not recognized as such and are improperly or insufficiently documented face some restrictions in utilizing the rights and freedoms provided for in the law. So for example, a number of individuals who attended the Focus Groups in the North and South of the country described difficulties in acquiring housing, employment or registering their residence. 3.3 Individual documentation According to the 2008 Residence Permit Regulations, a separate application must be filed with internal affairs bodies for every individual aged 18 and above to obtain a residence permit document (para. 6). Children under 18 are written into the residence permits of their parents (para. 24). Prior to obtaining one, every stateless individual aged 18 and above needs to go through the procedure of obtaining the status of immigrant. The Southern survey identified several individuals of undetermined nationality who possess residence permits; the Northern survey did not report any such cases. Undocumented attendees at the Focus Group in the North doubted the possibility of obtaining a residence permit in this manner. They referred to the lack of proper documenting procedures that result in problems of acquiring immigrant status, which is required for a residence permit. In the South, attendees, whose national passports were expired, reported difficulties in obtaining residence permits. Lack of valid identification prevented them from obtaining the necessary documentation from the authorities of their country/countries of previous resi73 Small Changes ‫ ـ‬Big Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic

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