Another interesting statistical categorization in the information provided by the Border Guard service is the group of persons “whose nationality is unknown”. It is not clear why this category is separate from the categories of “stateless” and “persons not claiming any nationality”.95 The interpretation applied by Eurostat may be instructive in this regard as it considers that the category “unknown” shall include persons for which no information on individual citizenship is available. This understanding is, thus, based on a technical inability to make a determination of citizenship which may reflect a temporary or a permanent situation. When interviewed, the Border Guard service highlighted that sometimes the inability to make a conclusive determination of nationality may be attributed to the non-cooperation of the foreigner in the process, driven by the fear of removal and the aim to prevent possible deportation. On the other hand, there may be cases where although the foreigner is not at fault, the determination cannot take place due to a disability, the person’s age or other special circumstances influencing the person’s status. Such circumstances should be taken into account during the determination of citizenship process. 3.4.2 Other rights of applicants and recognized stateless persons 3.4.2.1 THE RIGHT OF RESIDENCE The current Polish legal framework severely limits possibilities for the regularization of stay for which stateless persons would be eligible. Due to the link between statelessness and irregular status in Poland, often the only procedure for regularization that could be applicable in such cases is initiating return proceedings with a view to receiving tolerated stay based on the unenforceability of the return order or permit for humanitarian stay where applicable.96 It should be underlined, however, that return proceedings are not adapted to carrying out a proper statelessness determination as this process is driven by different objectives and primarily aims to enable removal to a given country. In most, if not all, cases, there is no country to remove stateless persons to. The main obstacle to obtaining a residence permit is not only the obligation to submit a valid travel document – obtaining an exemption from this condition in practice, although permitted by law, is extremely difficult — but also the requirement of continuous legal stay in Poland until the day of filing the application.97 In the overwhelming majority of cases, these conditions cannot be met by stateless persons in Poland. 3.4.2.2 PERMANENT RESIDENCE AND NATURALIZATION Pursuant to Article 195(1)(6) of the Act on Foreigners, permission to settle is afforded inter alia to a foreigner who has been living in Poland based on the tolerated stay permit continuously for a minimum of 10 years. However, the wording of this provision explicitly excludes foreigners who received tolerated stay due to the unenforceability of the removal order. As a result, such stateless persons who received a permit for tolerated stay according to the above circumstances would not 95 Analysis of the context and available case law leads to a conclusion that most of these categorizations focus on different stages of the process of identification. Thus, a person who is under a “stateless” category is a person in relation to whom statelessness has been established. “Person not claiming any nationality” is a person in relation to whom such a conclusive determination has not been made, but the procedure is not completed, so the person in question could be, at a later stage, considered as stateless. 96 Article 351(9) of the Act on Foreigners. 97 This requirement stems from the wording of Article 100(1)(9) of the Act on Foreigners. UNHCR POLAND, SEPTEMBER 2019 35