149.
If an individual recognised as stateless subsequently acquires or reacquires the nationality of another State, for instance because of a change
in its nationality laws, he or she will cease to be stateless in terms of the
1954 Convention. This may justify the cancellation of a residence permit
obtained on the basis of statelessness status, although proportionality
considerations in relation to acquired rights and factors arising under
international human rights law, such as the degree to which the individual
has established a private and family life in the State, need to be taken into
account.
150.
Recognition of an individual as a stateless person under the 1954
Convention also triggers the “lawfully staying” rights,96 in addition to a
right to residence. Thus the right to work, access to healthcare and social
assistance, as well as a travel document must accompany a residence
permit.
151.
Although the 1954 Convention does not address family unity, States
parties are nevertheless encouraged to facilitate the reunion of those
with recognised statelessness status in their territory with their spouses
and dependents.97 Indeed, some States have obligations arising under
relevant international or regional human rights treaties to do so.98
152.
The two provisions in the Convention that are restricted to individuals
with “habitual residence” would not automatically flow from recognition
as stateless.99 These may be activated, though, if the individual can be
considered to be living in the country on a stable basis.
96
Please see paragraphs 136-137 above.
97
For an explanation of family unity in the context of the 1951 Convention, please see
Handbook on Procedures and Criteria for Determining Refugee Status, note 47 above,
at paragraphs 181-188. Whether dependents of a stateless person would be entitled to
statelessness status is subject to an inquiry into the nationality status of each dependent
to verify qualification as a “stateless person” under the 1954 Convention. Facilitating
family unity, however, could also be achieved by granting residence rights to dependents
of a stateless person in the territory of a State party, even where the dependents are not
stateless.
98
For more on how international human rights obligations supplement those that arise from
the 1954 Convention, please see paragraphs 140-143 above.
99
Please see paragraphs 138-139 above.
144 - 152
It is therefore recommended that States grant persons recognised 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 interests
of stability. Such permits are to be renewable, providing the possibility
of facilitated naturalization as prescribed by Article 32 of the 1954
Convention.
PART THREE
148.
53