Sample laws and good practices
Facilitated naturalization entails the elimination or minimization of legal and practical hurdles
to accessing citizenship. Each State has a right to impose conditions for naturalization in
accordance with national law, provided the conditions comply with customary international
legal standards (e.g. non-discrimination). The 1954 Convention encourages States to reduce
or eliminate such conditions for recognized stateless persons.
For example, where a State normally requires applicants for naturalization to have lived on
the territory for a certain period of time, to provide proof of lawful residence or to show
mastery of the national language, a best practice in line with the 1954 Convention is to
include separate, relaxed standards for recognized stateless individuals and their kin.
A number of States have already incorporated such provisions into their nationality codes.
The following are a few notable examples.
1. Laws that reduce residency requirements for stateless persons
Greece is one of the growing number of States that have reduced the period of
residency required for stateless persons to be eligible for naturalization. Article 5 of
the reformed nationality code (Law 3838/2010) stipulates that “a foreign national who
wishes to become a Greek citizen by naturalization should… have lawfully resided
in Greece for seven continuous years before the submission of the application for
naturalisation”57, but also provides, in section (1)(d), that recognized refugees and
stateless persons need only have lawfully resided in Greece for a period of three
consecutive years.
Brazil has moved its nationality law in the same direction, halving the normal
residency requirement58 (from four years to two) in the case of stateless persons.59
Brazilian law does not require legal residence, which would impose a burden on
stateless individuals, many of whom lack legal status or documentation.
2. Laws that waive proof of language mastery and livelihood
Some States, to help integrate naturalized populations and assure them a certain
standard of living, require applicants for citizenship to demonstrate mastery of the
national language and/or culture as well as proof of means of sustenance. In the case
of stateless persons, however, some States have waived such requirements, and
appropriately so.
57 See Article 5 of Law 3838/2010, available at: http://eudo-citizenship.eu/admin/?p=file&appl=currentCitizenshipLaws&f=GRE%20
Citizenship%20Code%20%28as%20of%202010%2C%20English%29.pdf.
58 See Article 65 of Law No. 13,445, available at: www.planalto.gov.br/ccivil_03/_Ato2015-2018/2017/Lei/L13445.htm.
59 See Decree No. 9199 of November 20, 2017, Art. 99, available at: https://presrepublica.jusbrasil.com.br/legislacao/522434860/
decreto-9199-17.
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