If a stateless person’s temporary residence permit is withdrawn, the temporary residence permits of their
co-habiting family members shall be also revoked, except in cases where their right to residence is based
on other grounds.260 The decision to withdraw a temporary residence permit is taken by the Migration
Department.261 The decision can be appealed within 14 days.262 The appeal has a suspensive effect.263 Thus,
the person concerned, still considered a lawful resident, would be entitled to the State-guaranteed legal
aid.
A permanent residence permit may only be withdrawn if it has been obtained by fraud, if the person’s
residence in Lithuania may constitute a threat to State security or public order or if the person has been
residing in a country that is not a Member State of the EU for a period exceeding 12 consecutive months.264
Upon withdrawal of the permit, the person’s co-habiting family members’ permits are also withdrawn, unless
they are entitled to reside in Lithuania on other grounds.265 The expiration of a permanent residence card
does not affect the validity of the permanent residence itself.266 The decision to withdraw the permanent
residence permit can be appealed, under the same terms as in withdrawing a temporary residence permit.267
The competent authority to withdraw the permit is the Migration Department.268
3.4.2.2 THE RIGHT TO WORK
As noted above, the recognition of an individual as stateless “triggers the ‘lawfully staying’ rights” of the
1954 Convention.269 Among these rights are the right to work (Article 17), practice of liberal profession
(Article 19), and labor and social security rights (Article 24).
Article 17 provides in its entirety:
1. The Contracting States shall accord to stateless persons lawfully staying in their territory treatment
as possible and, in any event, not less favourable that that accorded to aliens generally in the same
circumstances,270 as regards the right to engage in wage-earning employment.
2. The Contracting States shall give sympathetic consideration to assimilating the rights of all stateless persons with regard to wage-earning employment to those of nationals, and in particular of
those stateless persons who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes.
Although the Convention does not define the term “wage-earning employment,” it should be interpreted
in the broadest sense of the term.271
260
Ibid. Article 50(3).
261
Ibid. Article 51(4).
262
Ibid. Articles 136, 138.
263
Ibid. Article 139(1) (1).
264
Ibid. Article 54(1) (1-3).
265
Ibid. Article 54(3).
266
Ibid. Article 54(4).
267
Ibid. Articles 136, 138.
268
Ibid. Article 55(4).
269
UNHCR Handbook on Protection of Stateless Persons, para 150.
270
Article 6, the term “in the same circumstances” provides: For the purpose of this Convention, the term “in the same
circumstances” implies that any requirements (including requirements as to length and conditions of sojourn or residence)
which the particular individual would have to fulfil for the enjoyment of the right in question, if he were not a stateless person,
must be fulfilled by him, with the exception of requirements which by their nature a stateless person is incapable of fulfilling.
271
Robinson, N., Convention Relating to the Status of Stateless Persons, Its History and Interpretation, A Commentary (1955),p. 62.
U N H C R S TO C K H O L M , M AY 2 0 1 6
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