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statelessness
All information on naturalization options, rights and obligations of stateless persons.
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About this Page
what statelessness is and how it arises
What rights do 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
5. Statelessness in migration law
6. FAQ Statelessness
7. Conclusion on Statelessness
1. Statelessness: Causes and legal basis
What is statelessness?
A stateless person is one who is not recognized as a national by any state under its domestic law ( Article 1, paragraph 1 of the 1954 Convention on the Rights of the Stateless ). This de jure statelessness must be strictly distinguished from de facto statelessness , where individuals formally possess a nationality but do not receive any protection from their state of origin. The causes are often political upheaval, discrimination, or administrative barriers.
The decisive factor in determining statelessness is whether there is a realistic 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 regarding immigration and social welfare law. However, if there is any kind of legal connection to another state, it is not a case of statelessness, but potentially of an unresolved nationality .
2. Legal status of stateless persons in Germany
Stateless persons are not without rights , but their legal status is significantly limited compared to 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 civic rights . Even fundamental rights such as freedom of movement, the right to work, or family reunification can be restricted.
To nevertheless guarantee 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 – recognize a right to naturalization for certain groups of stateless persons under specific conditions. In Germany, for example, facilitated naturalization is possible for stateless persons who were born here and meet certain requirements.
3. International efforts to prevent statelessness
Since the early 20th century, international efforts have been underway 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 renunciation of the right to renounce one's nationality without first acquiring a new one . Further regulations address marriage, adoption, and the birth of children without a nationality.
The 1961 Convention on the Reduction of Statelessness stipulates that persons who would otherwise be stateless can acquire the nationality of their country of residence by birth or application. The Federal Republic of Germany is a contracting state and has implemented the corresponding provisions into national law. The aim is always to avoid statelessness wherever possible – especially for children born in Germany.
4. Naturalization of stateless persons: Requirements and procedures
Stateless persons born in Germany and with permanent residence here can be naturalized 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 , residence must have lasted for at least five years, and there must be no serious criminal record.
Important: A residence permit is not necessarily required to determine whether a stay is considered "permanent." The decisive factor is whether the immigration authorities actually refrain from taking measures to terminate the stay. In practice, this also allows individuals with long periods of residence and who are effectively tolerated to have access to naturalization – a significant step towards legal equality.
5. Statelessness in migration law
Statelessness plays a special role in migration and asylum law , as it can both establish grounds for protection and complicate the enforcement of deportation measures. The Federal Administrative Court has ruled that the deprivation of citizenship or the arbitrary refusal of naturalization in the country of origin can, 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 ethnicity, political opinion, or religion, this can be a basis for international protection (see Article 9(1)(a) of the Qualification Directive).
At the same time, statelessness also presents a challenge for measures to terminate residency. If there is no country of origin that is obligated or willing to accept the individual back, deportation is regularly legally or practically impossible . In such cases, those affected often remain in a state of legal limbo – without a residence permit, but also without any prospect of deportation. In administrative practice, this is increasingly addressed through temporary suspension of deportation, humanitarian residence permits, or – if the requirements are met – through facilitated naturalization of stateless persons. Access to advice and qualified legal support is essential in this context.
6. FAQ Statelessness
What does it mean to be stateless?
A person is stateless if they are not recognized as a citizen by any state under its laws. They therefore lack belonging to a nation-state.
How does statelessness arise?
Statelessness can arise through birth, loss of citizenship, or through international legal processes such as territorial changes and denaturalization.
Do stateless people have rights in Germany?
Yes, they are entitled to fundamental human rights. However, without special residence permits, they are legally disadvantaged and not fully integrated.
How can stateless persons be naturalized?
Stateless persons born in Germany are entitled to naturalization under certain conditions, especially if they have resided there for many years and have no criminal record.
7. Conclusion on Statelessness
Statelessness is not merely an abstract phenomenon, but affects a significant number of people in Germany as well. For those affected, it means insecurity, legal uncertainty, and social exclusion. German legislators have created a framework through international agreements and national regulations that facilitates naturalization. It is essential for companies, authorities, and advisory services to recognize the specific needs of stateless persons and to know appropriate solutions.
List of Sources (Paywall)
[3] Statelessness, A life without a passport in Germany, DFK article by Christine Werner | 29.11.2021
[4] Marx, Residence, Asylum and Refugee Law, 8th edition 2023
[5] FHZivR 15 No. 3448, Technical Statelessness, Note on the article by van Sasse in StAZ 69, 265
[6] UNHCR - Convention relating to the Status of Stateless Persons
[7] UNHCR - The Convention on the Reduction of Statelessness
[8] Hailbronner in Hailbronner/Kau/Gnatzy/Weber, Nationality Law | Part IF Statelessness | 7th edition 2022 (Paywall)