Stokes is still waiting to hear if he will be charged by police after being arrested over a late-night fracas in Bristol in September - an incident which saw him suspended by the England and Wales Cricket Board.
The squad will be announced on Tuesday (December 5) but it remains to be seen how much of the ODI and T20 series Hales plays because the European Central Bank also confirmed he could still face internal disciplinary action for his part in the incident.
Both Hales and Stokes have not been considered for global selection since September 25 - although they have remained on full pay - whilst the police investigation is ongoing.
This means that Hales could play for England with immediate effect but find himself suspended by the CDC at a later date.
Stokes came in at 2/5 and departed with Canterbury in disarray at 3/8 in the fourth over after chopping on. The 26-year-old came to the crease with the score at five for two.
Stokes was arrested on suspicion of causing actual bodily harm and Avon and Somerset Police confirmed last week that they were awaiting advice from the Crown Prosecution Service on whether to press charges.
Christchurch-born Stokes surprisingly joined first-class New Zealand side Canterbury amid uncertainty over his participation in the Ashes series, having not travelled to Australia.
Hales will now be named in the one-day squad for the series in Australia which will be released at the end of this Test.
The pair were suspended by the European Central Bank from global cricket until further notice. The ECB also granted Stokes a NOC to enable him to play in New Zealand's domestic competition.