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Jus soli (principle of birthplace)
All information on acquiring German citizenship by birth in Germany (birthplace principle).
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what the “Ius Soli” ( principle of birthplace ) is
what significance the birthplace principle has in Germany
when the birthright principle/jus soli leads to naturalization in Germany
Jus soli and so-called “ de facto nationals ”
1. Difference between Ius Soli and Ius Sanguinis
2. Ius Soli Acquisition Germany
3. Requirements for German citizenship: birthright principle
4. Birthplace principle and de facto residents
5. FAQ Ius Soli
6. Conclusion on Jus Soli
1. Difference between Ius Soli and Ius Sanguinis
Jus soli, also known as the principle of birthright citizenship , refers to the acquisition of citizenship solely based on the place of birth . Unlike jus sanguinis – the principle of descent – where citizenship is determined by the parents' origin, jus soli is based exclusively on the territory where a child is born. A classic example of this is the United States, where every person born on US soil automatically acquires American citizenship – regardless of the parents' citizenship or immigration status.
In Germany and throughout the DACH region (Germany, Austria, Switzerland), the principle of jus sanguinis (citizenship by descent) generally applies. This means that a child does not automatically acquire German citizenship simply because they were born in Germany. Acquisition of citizenship based on birthright occurs only in very limited exceptional cases (for example, according to Section 4 Paragraph 3 of the German Nationality Act (see below)). This distinguishes Germany significantly from traditional jus soli (citizenship by birthright) states, which primarily consider the legal affiliation of the parents rather than the place of birth.
2. Ius Soli Acquisition Germany
The principle of birthright citizenship is enshrined in only one provision of German nationality law: Section 4, Paragraph 3 of the Nationality Act (StAG ). According to this provision, a child born in Germany to foreign parents acquires German citizenship if at least one parent has been lawfully resident in Germany for five years and also holds an unlimited right of residence . The acquisition occurs by operation of law and is recorded in the birth register. This regulation thus supplements the principle of descent and allows, in clearly defined cases, the acquisition of German citizenship solely on the basis of birth.
The prerequisite is always that the birth takes place within Germany. Germany includes not only the territory of the Federal Republic of Germany as defined by the Basic Law, but also the German territorial sea (12-nautical-mile zone), German airspace, as well as ships flying the German flag and German aircraft. Furthermore, the principle of birthright citizenship applies not only to children of foreign parents, but also explicitly to children of stateless parents . Since stateless persons are legally considered foreigners (see Section 2 Paragraph 1 of the Residence Act), they too can, under Section 4 Paragraph 3 of the Nationality Act, enable their children to acquire German citizenship through birth in Germany.
3. Requirements for German citizenship: birthright principle
For a child born in Germany to foreign parents to acquire German citizenship according to the principle of birthright citizenship (§ 4 para. 3 of the Nationality Act), at least one parent must have resided legally and habitually in Germany for five years . Prior to the enactment of the Nationality Modernization Act (StARModG), this requirement was eight years. Short-term interruptions – such as a delayed extension of a residence permit – do not preclude the acquisition of citizenship, provided that the legal fiction of habitual residence would have applied had the application been submitted on time. Periods of study can now also be counted as periods of habitual residence if the entire course of study is completed in Germany and continued residence after graduation is legally permissible.
In addition to the required length of residence, the parent in question must have a qualified residence status at the time of the birth. An unlimited right of residence – such as a settlement permit , a permanent residence card under EU law , or a corresponding right of residence under freedom of movement regulations – is required. For EU citizens and their family members, an existing unlimited right of residence, which is only declaratively certified by residence cards, is sufficient. Swiss citizens, EEA citizens, and Turkish nationals with freedom of movement under association agreements are treated equally, provided that an unlimited right of residence exists under the respective legal regime at the time of the birth. If an unlimited residence permit is granted retroactively and would have already existed had the application been submitted in a timely manner, this can also lead to acquisition of residence status based on the principle of birthright.
4. Birthplace principle and de facto residents
In practice, due to the strict limitations of jus soli in Germany, it frequently occurs that foreigners are born and raised in Germany without acquiring German citizenship. For this group, the term "de facto nationals" has become established in immigration law. This refers to people who were born in Germany or have lived here since early childhood, have completed their entire socialization in Germany, and are firmly integrated into German social structures, but have formally retained their foreign nationality. Their lives, their ties, and their social environment are centered in Germany; they often lack a comparable connection to their country of origin.
This status becomes particularly significant from a legal perspective when considering potential deportation . If a person is deemed a de facto resident, authorities and courts must conduct a particularly rigorous proportionality assessment . The fundamental right to the free development of one's personality (Article 2, Paragraph 1 of the German Basic Law) and the right to respect for private and family life (Article 8 of the European Convention on Human Rights) are paramount in this assessment. Despite this heightened protection, the Federal Constitutional Court emphasizes that there is no absolute prohibition against deportation for de facto residents. The result is a legal gray area: no privilege in the form of automatic citizenship, but a significantly increased need for protection under immigration law due to their strong ties to Germany.
5. FAQ Ius Soli
When does birth in Germany lead to the acquisition of German citizenship?
A child of foreign parents acquires German citizenship according to § 4 para. 3 StAG if at least one parent has lived legally and habitually in Germany for five years and has an unlimited right of residence.
Can children of stateless parents also become German citizens under the Jus Soli principle?
Yes. Stateless persons are considered foreigners, therefore they too can enable their children to acquire citizenship in Germany according to § 4 para. 3 of the Nationality Act (StAG) if they are born there.
Are five years of residence always sufficient?
Only if the parent has resided legally and habitually in Germany during these five years. Short-term interruptions – such as delayed extensions – are not detrimental, provided the legal fiction of residency would have applied.
What are "de facto residents"?
People who were born or raised in Germany and were fully socialized here, but do not possess German citizenship.
6. Conclusion on Jus Soli
The German jus soli (citizenship by birth) is a narrowly defined exception that differs significantly from the classic principle of birthright citizenship, such as that found in the USA. Germany continues to primarily base citizenship on the legal nationality of the parents ( jus sanguinis ), but allows children of foreign parents to acquire citizenship by birth under certain conditions. In particular, at least one parent must have permanent residency . The principle of birthright citizenship is therefore especially relevant wherever families have lived in Germany for many years and are well integrated. At the same time, practice shows that numerous people born or raised in Germany do not automatically become German citizens and, as so-called de facto residents, occupy an intermediate legal position.
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List of Sources (Paywall)
[1] Hailbronner/Kau/Gnatzy/Weber, Nationality Law, 7th edition 2022, § 30
[2] Regarding short-term interruptions of the period of residence under Section 4 Paragraph 3 of the Nationality Act, see Federal Administrative Court, Judgment of 18 November 2004, 1 C 31.03
[3] Regarding the retroactive granting of a residence permit for the acquisition of German citizenship pursuant to Section 4 Paragraph 3 of the Nationality Act, see Federal Administrative Court, Judgment of 29 September 1998, 1 C 14.97
[4] For the concept of “de facto resident”, see BVerfG, decision of 25 August 2020, 2 BvR 640/20
[5] Procedural guidelines for residence in Berlin (VAB), as of 18 February 2025, section S
[6] BMI, Preliminary application guidelines of the Federal Ministry of the Interior on the Nationality Act (VAH-StAG), as of 1 June 2015
[7] Section 4 of the Nationality Act in the consolidated version published in the Federal Law Gazette Part III, Classification Number 102-1, as last amended by Article 2 of the Act of 22 March 2024 (Federal Law Gazette 2024 I No. 104)