The right to naturalization at birth in Germany
Stateless persons born in Germany are entitled to German citizenship under certain conditions. This entitlement serves to avoid statelessness and is enshrined in special laws.
A number of conditions must be met in order to assert this claim:
Requirements for the claim
Place of birth
The birth must have taken place in Germany. This also includes births on board ships flying the German flag or in airplanes with a German registration number.
Length of stay
The person must have resided permanently and legally in Germany for five years.
Application deadline
The application for naturalization must be submitted before the age of 21.
Impunity
A conviction to a substantial juvenile or custodial sentence of five years or more may exclude the claim.
Special features of the stay
The concept of residence is interpreted in a special way in this context in order to facilitate naturalization.
What does permanent residence mean?
Permanent residence exists if a person has their center of life in Germany and is not only living here temporarily. It is important that there is no foreseeable end to the stay.
Differentiation from legal residence
Interestingly, the residence does not have to be covered by a formal permit from the immigration authorities for this entitlement to apply. It is sufficient if the authorities tolerate the stay, for example because leaving the country would be unreasonable or practically unfeasible.
Interruptions to the stay
Short-term interruptions of residence in Germany do not stand in the way of entitlement as long as the center of life remains in Germany and there is no intention to end residence in the foreseeable future.
Regulations for children and young people
In the case of minor children, the assessment of permanent residence is based on the residence of their parents.
Naturalization options for stateless persons not born in Germany
Stateless persons who were not born in Germany can also apply for naturalization. They are considered foreigners under the law and can therefore apply for naturalization in accordance with the general regulations.
The status of homeless foreigner
There is a special regulation for people who are recognized as "homeless foreigners". They are entitled to naturalization after seven years of legal residence in Germany, provided the general requirements are met.
General simplifications in the procedure
The law stipulates that the naturalization of stateless persons should generally be facilitated. This is also enshrined in international agreements and means that the authorities are required to provide benevolent support and speed up the process.
How Germany prevents statelessness at birth abroad
German nationality law also has mechanisms to prevent statelessness from arising in the first place. If a child is born abroad to a German parent who was born abroad after December 31, 1999 and lives there, the child does not normally automatically acquire German citizenship. However, an important exception to this rule is if the child would otherwise become stateless. In this case, the child acquires German citizenship to prevent this from happening.