It is therefore recommended that Lithuania establishes a statelessness determination procedure, which shall, in case of positive outcome, result in the granting of a legal status as a stateless person, and in the granting of a residence permit and a specific set of rights in line with the 1954 Convention and related standards in the human rights instruments. For procedures to be fair and efficient, everyone in a State’s territory must have access to statelessness determination procedures, regardless of whether the person has lawful stay in the country or not. Thus, given that the nature of statelessness prevents many stateless persons from obtaining the documentation necessary to enter or reside in a State lawfully, establishing such a requirement for recognition as a stateless person is problematic. In this context, it is therefore also recommended that “unreturnable” persons have access to the statelessness determination procedure where there are indications that the individual may be stateless. The UNHCR Handbook on Protection of Stateless Persons provides guidance to States as to the form and procedural safeguards of statelessness determination procedures. Amongst other things, it recommends States to establish such procedures within the framework of already existing asylum or immigration procedures, by building on the competence and experience that already exists in regard to establishing a person’s identity as stateless. It is moreover recommended to harmonize the definition of a stateless person in Article 2(1) of the Law on Citizenship to the customary international law definition in Article 1 of the 1954 Convention.305 There is commendable political will and considerable effort undertaken by the Lithuanian authorities to document its long-term residents with “unresolved” legal status. However, the vulnerability of such persons is often not taken into account. Administrative fees and the complexity of the procedure prove insurmountable obstacles for some applicants. “Unreturnable” persons who may be stateless are often subjected to prolonged periods of detention, even when there are no realistic prospects of carrying out their expulsion due to their statelessness. Those who do not possess any identification documents are particularly vulnerable. As noted above, “unreturnable persons” in respect of whom there are indications that they might be stateless, should be given access to a statelessness determination procedures; they should moreover not be subject to arbitrary or unlawful detention. When a person cannot be returned to the country of origin or previous residence for a period of longer than 12 months, and when the person is not detained, he or she is granted a temporary residence permit. This provides legal security and a temporary solution for persons who would otherwise be in a limbo situation. If a person is determined to be stateless, this will be indicated on the residence permit. Previously, the temporary residence permit provided no automatic right to work. This gap has been addressed through the amendment of the Aliens Law of 26 November 2015. With regard to the provision of social welfare to stateless persons, Lithuania should consider initiating amendments to the social welfare legislation with a view to ensuring that stateless persons residing in Lithuania with a temporary residence permit be entitled to the same social benefits as nationals, in line with Article 23 of the 1954 Convention. In Lithuania, stateless persons can access national courts and, if they are lawfully staying in the country, they are entitled to free legal aid on par with nationals. Access to free legal aid is not provided to persons with “unresolved” legal status, despite the fact that they, as “habitual residents” in Lithuania, are entitled to this right under the 1954 Convention. 305 See same recommendation in the Observations by the UNHCR Regional Office for the Baltic and Nordic Countries on the Ministry of Internal Affairs’ proposal no. 12-2398-02 introducing amendments to the Lithuanian Law on Citizenship, at: http://goo.gl/a9cIYt. U N H C R S TO C K H O L M , M AY 2 0 1 6 67