Family reunification
In several countries, including Italy and Bulgaria, there are no provisions regulating
the right to family reunification for stateless persons. In Hungary, family reunification
is subject to conditions such as proof of means of subsistence. In Switzerland, family
reunification is discretionary for holders of a temporary residence permit, but nondiscretionary for permanent residents. In the United Kingdom, there is a simple and
fair procedure for family reunion for the individual’s spouse and minor children.
Right to vote
In most countries, recognised stateless people have no or very limited political rights.
The right to vote tends to be reserved to nationals and/or EU citizens in the case of
EU Member States. Stateless people are usually excluded from voting in national
elections. However, recognised stateless people have the right to vote in Cantonal and
local elections in Switzerland and devolved national elections in parts of the United
Kingdom (Scotland and Wales only). In Hungary, recognised stateless people have the
right to vote in municipal elections, but only if they hold permanent residence, refugee
status, or subsidiary protection.
BARRIER
Gaps in protection for recognised stateless
people in Hungary
Access to 1954 Convention rights for people recognised as stateless in
Hungary are limited in practice. Although stateless people have the right to
work, they must obtain a work permit before accessing employment, which
is very burdensome in practice. Social security entitlements are linked to
employment contributions, so barriers to employment restrict the ability to
access social security. The only assistance to which stateless people have
an automatic right is emergency public healthcare, which does not include
some essential services such as maternity care. Although stateless people
are entitled to family reunification, the conditions are restrictive, requiring
the family to demonstrate sufficient subsistence, accommodation, and health
insurance. Stateless people do not have the automatic right to vote in any
elections unless they hold a permanent residence permit (or refugee or
subsidiary protection) which entitles the holder to vote in municipal elections.
Holders of statelessness status in Hungary are not considered to have a
‘domicile’ (lakóhely - a specific legal status in Hungary), unless they obtain
a permanent residence permit, which is only accessible after at least three
years of residence as a recognised stateless person. This restricts their access
to facilitated naturalisation, and children born to stateless parents without
‘domicile’ are unable to acquire Hungarian nationality at birth, therefore they
will be born stateless even if the parents are lawfully and habitually residing
in Hungary at the time of the birth.72
3.2.7. Routes to naturalisation
The only way to resolve statelessness is to acquire a nationality. To reduce
statelessness in the migratory context, the 1954 Convention requires State Parties to
facilitate naturalisation for stateless people on their territory as far as possible.73 States
should expedite naturalisation procedures for stateless people, providing preferential
treatment compared to the general rules for foreign nationals.74 This could include,
exempting stateless people from requirements such as citizenship or integration tests,