In the context of migration, stateless persons are subjected to the same conditions as other aliens. That is to say, they have no freestanding right to a residence permit on grounds of their statelessness. They can obtain a temporary residence permit on grounds of family unification,228 employment,229 or other grounds, including entrepreneurship230 or studies.231 The person will have to meet other requirements, like possession of a health insurance232 and a valid travel document,233 proof of sufficient income,234 and place of residence.235 After five years of continuous residence on the basis of a temporary residence permit, the person can apply for a permanent residence permit.236 As the law provides that possession of a valid travel document is one of the prerequisites to obtaining a residence permit,237 undocumented stateless or potentially stateless persons may face additional obstacles in acquiring the right to residence. Stateless asylum-seekers are issued a permanent residence permit if they obtain refugee status238 and a temporary residence permit if they are granted subsidiary or temporary protection.239 As discussed above, successful asylum-seekers can be recognized as refugees and acknowledged as stateless persons simultaneously, but their right to residence depends on their status as refugee or as a beneficiary of subsidiary protection. If a person’s identity as stateless is accepted but his or her claim of persecution is rejected, his or her status changes from an “asylum applicant” to an “alien.” In the majority of cases, such a person would become “unreturnable” and therefore entitled to a residence permit pursuant to Article 40 (1) (8) of the Law on the Legal Status of Aliens. It is also possible that some rejected asylum-seekers eventually can become “unreturnable” persons, in particular where the statelessness element becomes apparent and is recognized at a later stage, i.e. in the course of the enforcement of a return decision, e.g. when the State to which the failed asylum-seeker was supposed to return refuses to take him/her back. Hence, statelessness can be a serious obstacle to return a person to his or her country of origin or previous residence. In cases where a person whose expulsion has been suspended for twelve months due to the fact that the country of intended return refuses to accept the individual, or because he or she is in need of basic medical aid or because he or she cannot be expelled due to objective reasons (such as not being in possession of a valid travel document or not having a possibility to obtain travel tickets),240 the person can be issued a temporary residence permit if he or she is not detained.241 However, if the grounds for the temporary residence permit no longer exist, the expulsion is to be implemented immediately.242 A child born in the Lithuanian territory to a stateless person lawfully residing in Lithuania is issued a residence permit of the same type and duration as his or her parent(s),243 unless he or she acquires Lithuanian citizenship pursuant to Article 15 of the Citizenship Law, discussed in more detail below. 228 Law on the Legal Status of Aliens, Article 40(1) (3). 229 Ibid, Article 40(1) (4). 230 Ibid, Article 40(1) (5). 231 Ibid, Article 40(1) (6). 232 Ibid, Article 26(1) (2). 233 Ibid, Article 6(1). 234 Ibid, Article 26(1) (3). 235 Ibid, Article 26(1) (4). 236 Ibid, Article 53(1) (8). 237 Ibid, Article 40(4). 238 Ibid, Article 53(1) (7). 239 Ibid, Article 40(1) (9, 10). 240 Ibid, Articles 132; 128(2) (2,3,4). 241 Ibid, Article 132 (1). 242 Ibid, Article 128(3). 243 Ibid, Article 31(2). U N H C R S TO C K H O L M , M AY 2 0 1 6 59

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