All stateless persons lawfully residing in Lithuania have a right to work. Those who have permanent residence have an automatic right to work. However, most of those who are in possession of a temporary residence permit need to apply for and receive a work permit. Those who obtain the permit on the grounds of a retained right to the citizenship of Lithuania, family reunification, having been under guardianship or custody or having been granted subsidiary protection in Lithuania are exempted from the obligation to obtain a work permit.272 In the time of conducting the research, “unreturnable” persons granted a temporary residence were required to obtain a separate work permit. Following the adoption of the amendment of 26 November 2015, they currently have an automatic right to work. This important development is welcomed.273 3.4.2.3 THE RIGHT TO PUBLIC RELIEF Article 23 of the 1954 Convention provides: “The Contracting States shall accord to stateless persons lawfully staying in their territory the same treatment with respect to public relief and assistance as is accorded to their nationals.” The right to social security is set forth in Article 24 and is also a “lawfully staying” right.274 Like Article 23, Article 24 requires that states treat stateless persons “lawfully staying” in the territory in the same manner in which nationals are treated with respect to certain labor and social security provisions, as detailed in Article 24. Although the “lawfully staying” requirement envisages a greater duration of presence in a territory, it need not take the form of permanent residence. According to the UNHCR Handbook on Protection of Stateless Persons, “stateless persons who have been granted a residence permit would fall within this category. It also covers individuals who have temporary permission to stay if this is for more than a few months.”275 Thus, stateless persons residing in Lithuania with both permanent and temporary permits should be entitled to the same access to public relief programs and medical care as nationals. Only stateless persons who are lawful residents in Lithuania have a right to public relief in the form of social services and social welfare benefits, with the exception of access to social housing (shelters).276 The Lithuanian Law on the Principles of State Social Security System establishes that the State social security system shall provide for all of persons residing in Lithuania. Citizens, aliens, and stateless persons permanently residing in the country shall enjoy equal social security rights, provided that the laws of the country and international agreements do not provide otherwise.277 The social security system consists of a compulsory State insurance scheme and separate public relief systems.278 Thus, stateless persons who hold a permanent residence permit have the same access to public relief as Lithuanian nationals. Subject to several exceptions, stateless persons residing in Lithuania with a temporary residence permit are excluded from the full scope of the social welfare legislation. They need to be enrolled into the Social 62 272 Law on the Legal Status of Aliens, Article 58. 273 Law on the Legal Status of Aliens, as amended on 26 November 2015 – No XII-2080, Article 58 (1). 274 See UNHCR Handbook on Protection of Stateless Persons, para 137, noting, “The “lawfully staying” requirement envisages a greater duration of presence in a territory. This need not, however, take the form of permanent residence. Shorter periods of stay authorized by the State may suffice so long as they are not transient visits. Stateless persons who have been granted a residence permit would fall within this category. It also covers individuals who have temporary permission to stay if this is for more than a few months. By contrast, a visitor admitted for a brief period would not be “lawfully staying.” Individuals recognized as stateless following a determination procedure but to whom no residence permit has been issued will generally be “lawfully staying” in a State party by virtue of the length of time already spent in the country awaiting a determination.” See also Waas, L.V., Nationality Matters, pp. 325-327. 275 Ibid. 276 See, e.g., Article 1 (2) of the Law on Child Benefits, consolidated version of 08 May 2014, available at http://goo.gl/9ySxSB, and Article 1 (4) of the Law on Relief Benefits, consolidated version of 03 June 2014, available at http://goo.gl/8MNqtM. 277 Law on the Principles of State Social Security System, Article 2. 278 Ibid, Article 4. M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A

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