All stateless persons lawfully residing in Lithuania have a right to work. Those who have permanent
residence have an automatic right to work. However, most of those who are in possession of a temporary
residence permit need to apply for and receive a work permit. Those who obtain the permit on the grounds
of a retained right to the citizenship of Lithuania, family reunification, having been under guardianship or
custody or having been granted subsidiary protection in Lithuania are exempted from the obligation to
obtain a work permit.272
In the time of conducting the research, “unreturnable” persons granted a temporary residence were required
to obtain a separate work permit. Following the adoption of the amendment of 26 November 2015, they
currently have an automatic right to work. This important development is welcomed.273
3.4.2.3 THE RIGHT TO PUBLIC RELIEF
Article 23 of the 1954 Convention provides: “The Contracting States shall accord to stateless persons lawfully
staying in their territory the same treatment with respect to public relief and assistance as is accorded to
their nationals.” The right to social security is set forth in Article 24 and is also a “lawfully staying” right.274
Like Article 23, Article 24 requires that states treat stateless persons “lawfully staying” in the territory in the
same manner in which nationals are treated with respect to certain labor and social security provisions, as
detailed in Article 24.
Although the “lawfully staying” requirement envisages a greater duration of presence in a territory, it need
not take the form of permanent residence. According to the UNHCR Handbook on Protection of Stateless
Persons, “stateless persons who have been granted a residence permit would fall within this category. It also
covers individuals who have temporary permission to stay if this is for more than a few months.”275 Thus,
stateless persons residing in Lithuania with both permanent and temporary permits should be entitled to
the same access to public relief programs and medical care as nationals.
Only stateless persons who are lawful residents in Lithuania have a right to public relief in the form of
social services and social welfare benefits, with the exception of access to social housing (shelters).276
The Lithuanian Law on the Principles of State Social Security System establishes that the State social
security system shall provide for all of persons residing in Lithuania. Citizens, aliens, and stateless persons
permanently residing in the country shall enjoy equal social security rights, provided that the laws of the
country and international agreements do not provide otherwise.277 The social security system consists of a
compulsory State insurance scheme and separate public relief systems.278 Thus, stateless persons who hold
a permanent residence permit have the same access to public relief as Lithuanian nationals.
Subject to several exceptions, stateless persons residing in Lithuania with a temporary residence permit
are excluded from the full scope of the social welfare legislation. They need to be enrolled into the Social
62
272
Law on the Legal Status of Aliens, Article 58.
273
Law on the Legal Status of Aliens, as amended on 26 November 2015 – No XII-2080, Article 58 (1).
274
See UNHCR Handbook on Protection of Stateless Persons, para 137, noting, “The “lawfully staying” requirement envisages a greater
duration of presence in a territory. This need not, however, take the form of permanent residence. Shorter periods of stay
authorized by the State may suffice so long as they are not transient visits. Stateless persons who have been granted a residence
permit would fall within this category. It also covers individuals who have temporary permission to stay if this is for more than a
few months. By contrast, a visitor admitted for a brief period would not be “lawfully staying.” Individuals recognized as stateless
following a determination procedure but to whom no residence permit has been issued will generally be “lawfully staying” in a
State party by virtue of the length of time already spent in the country awaiting a determination.” See also Waas, L.V., Nationality
Matters, pp. 325-327.
275
Ibid.
276
See, e.g., Article 1 (2) of the Law on Child Benefits, consolidated version of 08 May 2014, available at http://goo.gl/9ySxSB, and
Article 1 (4) of the Law on Relief Benefits, consolidated version of 03 June 2014, available at http://goo.gl/8MNqtM.
277
Law on the Principles of State Social Security System, Article 2.
278
Ibid, Article 4.
M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A