Statelessness in the European Union ‘stateless’, in line with a common statelessness determination procedure set up by the EU, to two years of habitual residence. 64 With the institution of EU citizenship no longer tied to Member State nationality, stateless persons would hypothetically be able to benefit from the rights attached to citizenship of the EU in several respects. First and foremost, stateless persons would be able to legally reside in a Member State having been granted the status of ‘EU citizen’, which is both directly and indirectly beneficial. Residency rights are unconditionally available to nationals of a state, leaving stateless persons with the requirement of obtaining a residence permit. For a variety of reasons, among which are difficulties in producing identification documents, it may be difficult for stateless persons to obtain a residence permit and achieve legal residence. 65 The lack of such legal residence and the irregular presence on the state’s territory make insecurity and fear an everyday reality for stateless individuals. 66 Fear of arrest, detention or even expulsion when state authorities discover their irregular presence or lack of identification documents leave stateless persons hesitant to engage in activities that require them to get involved with such authorities. As a corollary to the lack of legal residency, stateless persons furthermore find themselves unable to exercise their right to free movement, both domestically and internationally. 67 It goes without saying that EU citizenship, especially with its accompaniment of freedom of cross-border movement and residence, has the potential of directly resolving the issue of legal residence. This would provide stateless individuals with increased security regarding their residency, as well as increased confidence in their presence on the territory. It furthermore has the potential to prevent them from being detained or expelled on grounds of illegal residence. Access to government and public services, such as health care and quality education, may also be facilitated through the grant of legal residence. In the absence of a nationality, legal residence commonly constitutes a prerequisite for admission to educational and healthcare facilities, and prevents individuals from 64 65 66 67 This is in line with international law. See, eg, Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989 UNTS 185 (entered into force 13 December 1975) art 1(2)(b). The easing of this legal residency requirement also serves to prevent the emergence of the following paradox: EU citizenship is expected to be beneficial because it could provide stateless individuals with legal residence (see below), but proof of legal residence constitutes a requirement for eligibility for EU citizenship. No Country of One’s Own: An Advisory Report on Treaty Protection for Stateless Persons in the Netherlands (Report, Advisory Committee on Migration Affairs 2014) <https://www.adviescommissievoorvreemdelingenzaken.nl/binaries/adviescommissievoorvr eemdelingenzaken/documenten/publicaties/2014/09/11/no-country-of-one%E2%80%99sown/No_country_of_ones_own_ACVZ_report_20140911.pdf>. See also Caroline Sawyer and Brad Blitz, Statelessness in the European Union: Displaced Undocumented, Unwanted (Cambridge University Press 2011). ‘This Is Our Home’: Stateless Minorities and Their Search for Citizenship (Report, UNHCR 2017) <https://www.unhcr.org/ibelong/wpcontent/uploads/UNHCR_EN2_2017IBELONG_Report_ePub.pdf>. In an interview conducted with a stateless person living in the Netherlands, it was noted that this could even mean that stateless persons ‘…do not make an attempt to have themselves registered as “stateless” because they are afraid of expulsion or imprisonment’, even though they could be granted additional rights on the basis of this status. Interview with Lena, a stateless person living in the Netherlands (Anne Brekoo, Tilburg, 27 February 2019)). The author has obtained permission to include excerpts of the interview in this article. van Waas (n 34) ch 10. 35