Statelessness
All information on naturalization options, rights and obligations of stateless persons.
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Here you learn ...
what statelessness is and how it arises
what rights stateless persons have
how statelessness is avoided
everything about statelessness in migration law
Table of contents
1. Statelessness: Causes and legal basis
2. Legal status of stateless persons in Germany
3. International efforts to prevent statelessness
4. Naturalization of stateless persons: requirements and procedures
6. Statelessness in migration law
7. FAQ Statelessness
8. Conclusion Statelessness
1. Statelessness: Causes and legal basis
What is statelessness?
A stateless person is someone who is not considered a national by any state under its domestic law ( Article 1, paragraph 1 of the 1954 Convention on the Status of Stateless Persons). This de jure statelessness must be strictly distinguished from de facto statelessness , in which a person formally possesses a nationality but in practice receives no protection from their country of origin. Causes are often political upheaval, discrimination, or administrative barriers.
The determining factor for statelessness is whether there is a serious possibility that another state will recognize the person in question as its own national. If this is not the case, statelessness exists – with far-reaching consequences for those affected, particularly in terms of residence and social security law. If, however, there is some kind of legal connection to another state, this is not statelessness, but rather, potentially, an unclear nationality .
2. Legal status of stateless persons in Germany
People without citizenship are not without rights , but their legal status is significantly limited compared to that of citizens or regular foreigners. While they are subject to the territorial sovereignty of the state in which they reside, they enjoy neither diplomatic protection nor many civil rights . Even fundamental rights such as freedom of movement, employment, or family reunification may be restricted.
To ensure a minimum level of legal protection, international agreements—such as the 1954 Convention on the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness —grant certain groups of stateless persons the right to naturalization under certain conditions. In Germany, for example, simplified naturalization is possible for stateless persons who were born here and meet certain requirements.
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3. International efforts to prevent statelessness
Since the early 20th century, international efforts have been made to reduce the number of stateless persons through international agreements. A key milestone was the Hague Conference of 1930, which included principles such as the non- removal of one's nationality without first acquiring a new one . Further regulations concern marriage, adoption, and the birth of unknown children.
The 1961 Convention on the Reduction of Statelessness provides that persons who would otherwise be stateless may acquire the nationality of the country of residence through birth or application. The Federal Republic of Germany is a signatory state and has also implemented the relevant provisions into national law. The goal is always to avoid statelessness wherever possible – especially for children born in the country.
4. Naturalization of stateless persons: requirements and procedures
Stateless persons born in Germany and permanently residing here can apply for naturalization under simplified conditions. The requirements are regulated in Articles 1 and 2 of the Implementing Act to the Convention on the Reduction of Statelessness . The application must be submitted before the age of 21 , the resident must have been resident for at least five years, and no serious crimes must have been committed.
Important: A residence permit is not necessarily required to determine whether a stay is considered "permanent." Rather, the decisive factor is whether the immigration authorities actually refrain from taking measures to terminate the stay. In practice, this also allows access to naturalization for persons with de facto tolerated status who have resided for a long time—a significant step toward legal equality.
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Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
6. Statelessness in migration law
Statelessness also plays a special role in migration and asylum law , as it can both establish grounds for protection and complicate the enforcement of measures terminating residence. The Federal Administrative Court has ruled that the withdrawal of citizenship or the arbitrary denial of naturalization in the country of origin may, under certain circumstances, constitute an act of persecution within the meaning of asylum law. If a person is rendered stateless solely on the basis of their ethnic origin, political beliefs, or religion, this can be a basis for international protection (see Article 9 (1) (a) of the Qualification Directive).
7. FAQ Statelessness
What does it mean to be stateless?
A person is stateless if he or she is not recognized as a citizen by any state under its law. He or she therefore lacks membership in a nation state.
How does statelessness arise?
Statelessness can arise through birth, loss of nationality or through international legal processes such as territorial changes and denaturalization.
Do stateless people have rights in Germany?
Yes, they are entitled to basic human rights. However, without special residence permits, they are legally disadvantaged and not fully integrated.
How can stateless people become naturalized?
Stateless persons born in Germany are entitled to naturalization under certain conditions, particularly if they have resided there for many years and have not been convicted of a crime.
8. Conclusion Statelessness
Statelessness is not a mere abstract phenomenon; it affects a significant number of people in Germany as well. For those affected, it means insecurity, legal uncertainty, and social exclusion. German lawmakers have created a framework through international agreements and national regulations that facilitates naturalization. It is essential for companies, authorities, and counseling centers to recognize the unique characteristics of stateless individuals—and to know appropriate solutions.
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List of sources
[1] Marx, Residence, Asylum and Refugee Law, 8th edition 2023
[2] UNHCR - Convention relating to the Status of Stateless Persons
[3] UNHCR - The Convention on the Reduction of Statelessness
