In the context of migration, stateless persons are subjected to the same conditions as other aliens. That
is to say, they have no freestanding right to a residence permit on grounds of their statelessness. They
can obtain a temporary residence permit on grounds of family unification,228 employment,229 or other
grounds, including entrepreneurship230 or studies.231 The person will have to meet other requirements,
like possession of a health insurance232 and a valid travel document,233 proof of sufficient income,234 and
place of residence.235 After five years of continuous residence on the basis of a temporary residence permit,
the person can apply for a permanent residence permit.236 As the law provides that possession of a valid
travel document is one of the prerequisites to obtaining a residence permit,237 undocumented stateless or
potentially stateless persons may face additional obstacles in acquiring the right to residence.
Stateless asylum-seekers are issued a permanent residence permit if they obtain refugee status238 and
a temporary residence permit if they are granted subsidiary or temporary protection.239 As discussed
above, successful asylum-seekers can be recognized as refugees and acknowledged as stateless persons
simultaneously, but their right to residence depends on their status as refugee or as a beneficiary of
subsidiary protection.
If a person’s identity as stateless is accepted but his or her claim of persecution is rejected, his or her status
changes from an “asylum applicant” to an “alien.” In the majority of cases, such a person would become
“unreturnable” and therefore entitled to a residence permit pursuant to Article 40 (1) (8) of the Law on
the Legal Status of Aliens. It is also possible that some rejected asylum-seekers eventually can become
“unreturnable” persons, in particular where the statelessness element becomes apparent and is recognized
at a later stage, i.e. in the course of the enforcement of a return decision, e.g. when the State to which the
failed asylum-seeker was supposed to return refuses to take him/her back.
Hence, statelessness can be a serious obstacle to return a person to his or her country of origin or previous
residence. In cases where a person whose expulsion has been suspended for twelve months due to the
fact that the country of intended return refuses to accept the individual, or because he or she is in need
of basic medical aid or because he or she cannot be expelled due to objective reasons (such as not being
in possession of a valid travel document or not having a possibility to obtain travel tickets),240 the person
can be issued a temporary residence permit if he or she is not detained.241 However, if the grounds for the
temporary residence permit no longer exist, the expulsion is to be implemented immediately.242
A child born in the Lithuanian territory to a stateless person lawfully residing in Lithuania is issued a
residence permit of the same type and duration as his or her parent(s),243 unless he or she acquires Lithuanian
citizenship pursuant to Article 15 of the Citizenship Law, discussed in more detail below.
228
Law on the Legal Status of Aliens, Article 40(1) (3).
229
Ibid, Article 40(1) (4).
230
Ibid, Article 40(1) (5).
231
Ibid, Article 40(1) (6).
232
Ibid, Article 26(1) (2).
233
Ibid, Article 6(1).
234
Ibid, Article 26(1) (3).
235
Ibid, Article 26(1) (4).
236
Ibid, Article 53(1) (8).
237
Ibid, Article 40(4).
238
Ibid, Article 53(1) (7).
239
Ibid, Article 40(1) (9, 10).
240
Ibid, Articles 132; 128(2) (2,3,4).
241
Ibid, Article 132 (1).
242
Ibid, Article 128(3).
243
Ibid, Article 31(2).
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