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Protection against Statelessness Data

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Germany: modes of protection against statelessness

See bottom of page ⇓ for an explanation of the structure of this table
Mode Target person Article in law Procedure Conditions Assessment
S01
Children born in a country who would otherwise be stateless 2 AG-StlMind?k 1977Naturalisation (entitlement)Child must be under 21 years of age, stateless since birth, lawfully and habitually resident in the country for five years, and not convicted for a crime which carries a prison sentence of 5 years or more.Safeguard against statelessness limited to persons who are lawfully resident in the country.
S02
Foundlings found in a country of unknown parentage GER 4(2)AutomaticNo conditions.In line with international standards.
S03
Persons born to a citizen of a country (birth in that country) GER 4(1), 5AutomaticNo other conditions (but: if person is born out of wedlock, he/she must be a under the age of 23 years when the process of recognition or establishing paternity begins. For children born before 1993, child must also have been legally ordinarily resident in federal territory for three years).In line with international standards.
S04
Persons born to a citizen of a country (birth abroad) GER 4(1)AutomaticAutomatic if parent is a citizen who was born in the country or he/she was born abroad before 31 December 1999 (but: if person is born out of wedlock and only the father is a national, he/she must be a under the age of 23 years when the process of recognition or establishing paternity begins. For children born before 1993, child must also have been legally ordinarily resident in federal territory for three years)In line with international standards.
GER 4(4) Registration By registration within one year of birth if the person is born to a parent who is a citizen, who was born abroad after 31 December 1999, and is ordinarily resident abroad. In case the registration deadline is missed, the child still acquires citizenship if it would otherwise become stateless
GER 5 Declaration By declaration if person is under 23 years of age, born out of wedlock to a citizen and a female citizen of another country before 1 July 1993, and resident in the country for 3 years.
S05
Persons who are recognized refugees GER 8 in conjunction with administrative regulations, 12(1)6Naturalisation (entitlement)Facilitation: 6 years of residence (ordinary naturalisation: 8 years) and exemption from renunciation requirement.Facilitated naturalisation limited to reduced residence requirement and exemption from renunciation requirement.
S06
Stateless persons or persons with unclear citizenship who are not covered by any other mode of protection against statelessness GER 8 in conjunction with administrative regulationsNaturalisation (entitlement)Facilitation: 6 years of residence (ordinary naturalisation: 8 years).Facilitated naturalisation limited to reduced residence requirement.
S07
Persons who voluntarily renounce the citizenship of their country GER 18-24ReleasePerson is a citizen of another country or has applied for foreign citizenship and received an assurance to be granted the citizenship of that foreign country. The release from citizenship shall be deemed to be null and void if the released person fails to acquire the foreign citizenship of which he or she was assured within one year of issuance of the certificate of release.More protection than required by international standards.
S08
Persons who reside outside the country of which they are a citizen No provisionn.a.n.a.In line with international standards.
S09
Persons who render services to a foreign country No provisionn.a.n.a.In line with international standards.
S10
Persons who render military service to a foreign country GER 28LapsePerson is a citizen of another country and voluntarily enters in the army or a comparable armed organization of that country without permission of his/her government (exception: if this is permitted under intergovernmental agreement).In line with international standards.
S11
Persons who are disloyal to the country of which they are a citizen or whose conduct is seriously prejudicial to the vital interests of that country No provisionn.a.n.a.In line with international standards.
S12
Persons who commit other (criminal) offences than those covered by S11 No provisionn.a.n.a.In line with international standards.
S13
Persons who have acquired citizenship by fraud GER 35WithdrawalPerson has acquired, or has been allowed to retain, citizenship by willful deceit, threat, bribe or by giving willfully wrong or incomplete information (time limit: 5 years). Loss can result in statelessness.In line with international standards.
S14
Persons whose descent from a citizen is annulled or who are adopted by a citizen of another country GER 4(1), 17(3)NullificationPerson's family relationship with the father who is a citizen is annulled, unless the person is five years or olderNo safeguard against statelessness if family relationship is annulled.
GER 27 Nullification Person is adopted by a citizen of another country and acquires citizenship of that country, unless the adoptee retains a legal relation to his/her German parent. Loss can result in statelessness.
S15
Persons who change their civil status due to marriage with a citizen of another country or dissolution of a marriage with a person holding the same citizenship No provisionn.a.n.a.In line with international standards.
S16
Persons whose spouse or registered partner loses citizenship of a country No provisionn.a.n.a.In line with international standards.
S17
Children whose parents lose citizenship of a country GER 17(2)WithdrawalChild loses citizenship because parent loses citizenship due to fraudulent acquisition (unless the child is five years or older). Loss can result in statelessness.No safeguard against statelessness for children whose parents lose citizenship of the country.

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Article in law: articles refer to the consolidated version of the current citizenship law of a specific country, as provided at the profile page of each country, unless stated otherwise. Material conditions may be specified in lower level legislation, such as circulars or regulations. In contrast to Europe, the states in the Americas and the Caribbean frequently address citizenship in their Constitutions. The database uses 'Const' as a short-hand when referring to constitutional provisions.

Procedure: refers to the procedures for acquiring or losing citizenship. Please refer to the Citizenship Glossary for an explanation of the different procedures.

Conditions: refers to the conditions for acquiring or losing citizenship, in addition to the general condition stated in the description of each target group.

Assessment: refers to an evaluation of national citizenship legislation, in light of international standards on protection against statelessness (abbreviations refer to specific articles of international treaties and conventions). See here for an explanation of the methodology of the database and here for a comprehensive list of international and regional norms on protection against statelessness.

The inclusion of Kosovo in this database is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.

** Detailed information on the current citizenship law, on the chronology of citizenship legislation as well as country reports with a discussion of past and current citizenship policies in countries in the Americas will be gradually made available throughout 2015 and 2016 **