and freedom of movement.218 This list is not exhaustive, and other international and regional human rights
instruments and jurisprudence afford stateless persons additional rights.
Under Lithuanian law, stateless persons have no distinct rights on the ground of their statelessness. Rather,
the rights of stateless persons in Lithuania is determined by the type of residence permit he or she holds.
3.4.2.1 THE RIGHT TO RESIDENCE
Although the 1954 Convention does not explicitly require States to grant a person determined to be
stateless a right of residence, granting such permission would fulfil the object and purpose of the treaty.
This is reflected in the practice of States with determination procedures. Without a right to remain, the
individual is at risk of continuing insecurity and prevented from enjoying the rights guaranteed by the 1954
Convention and international human rights law.219
It is therefore recommended that States grant persons recognized as stateless a residence permit valid for
at least two years, although permits for a longer duration, such as five years, are preferable in the interest
of stability. Such permits are to be renewable, providing the possibility of facilitated naturalization as
prescribed by Article 32 of the 1954 Convention.220
In certain limited circumstances, a state might have discretion to provide a residence status that is more
transitional in nature where the person in question is able to acquire or reacquire a different nationality
through a simple, rapid, and non-discretionary procedure that is a mere formality or where the person
enjoys permanent residence status in a country of previous habitual residence to which immediate return
is possible.221
Considered aliens under Lithuanian law, stateless persons have no right to residence on the sole ground of
statelessness, but rather exercise their right to residence through the same channels as other non-citizens.222
As such, stateless persons can obtain a one-year temporary residence permit, or permanent residence; in
the latter case, the actual residence permit, or document, will have a validity of 5 years, after which it will
need to be renewed. Hence, a stateless person’s right of residence will not be granted on the ground of his
or her statelessness, but will be based on an independent ground for a residence permit pursuant to the Law
on the Legal Status of Aliens.
If, after the restoration of independence of Lithuania in 1991, a resident had not acquired Lithuanian
citizenship, he or she is entitled to a permanent residence permit, irrespective of citizenship. Such persons
with “unresolved” legal status must, in judicial proceedings, prove that they lived in Lithuania before 1
July 1993 through certificates, statements and other relevant documents, as well as witness accounts.
Additionally, such persons must meet three conditions; to prove in court that they have a lawful source of
subsistence in Lithuania; that they pay income and other taxes, as required by national law; and that they
have a place to live in Lithuania.223 In practice, because many persons concerned are unable to meet these
requirements, they are applied rather leniently, as the case summarized below shows.224 There is strong
political will to document all long-term residents in Lithuania.225
218
See ibid for a discussion of the proper interpretation of the 1954 Convention’s “lawfully staying” rights.
219
UNHCR Handbook on Protection of Stateless Persons, para 147.
220
Ibid, para 148.
221
Ibid, para. 154. For more detail, see ibid, paras. 153-157.
222
Law on the Legal Status of Aliens, Article 2(32).
223
Law on the Implementation of the Law on the Legal Status of Aliens, Article 2.
224
Interview with staff members of the Migration Department, 7 August 2012.
225
Interviews with staff members of the migration agencies in Mažeikiai, 22 August 2012; Vilnius, 27 August 2012; Šalčininkai, 4
September, 2012; Švenčionys, 5 September, 2012; Visaginas, 29 August 2012.
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