Naturalization of persons born stateless in Denmark
On this page you can read about the rules for obtaining Danish nationality if you are a person born stateless in Denmark.
Which conditions must you meet if you are a person born stateless in Denmark?
If you are a person born stateless in Denmark, you should be aware of the possibility of obtaining Danish nationality without meeting all the usual requirements (see note 1). However, you must meet certain requirements to be listed in a naturalization bill. You can read more about the requirements below.
Please note that you have to apply yourself on a special application form. You have to submit your application to the Ministry of Justice.
You should also note that you will have to pay a fee of DKK 1,000 before submitting your application to the Ministry.
Application form
If you want to apply for Danish nationality, you have to fill in a special application form which can be printed from this website.
Application form for Danish nationality by naturalization (PDF) (available in Danish only)
For further details about how to apply for Danish nationality, see under 'Processing of your application'.
Please note that you have to submit your nationality application to the Ministry of Justice if you are a person born stateless in Denmark. An application fee of DKK 1,000 is payable (see note 2).
Groups of persons enjoying the special rights of persons born stateless in Denmark
Under certain circumstances, the following three groups of persons can be listed in a naturalization bill without satisfying the usual requirements:
A. Persons born stateless in Denmark who have reached the age of 18, but not the age of 21
B. Persons born stateless in Denmark under 18 years of age
C. Persons born stateless in Denmark who have reached the age of 21
A. Persons born stateless in Denmark who have reached the age of 18, but not the age of 21
If you are between 18 and 21 years old, you are entitled to being listed in a naturalisation bill in accordance with Article 1 (see note 3) of the UN Convention on the Reduction of Statelessness of 30 August 1961. Then the Danish Parliament will decide whether you will be granted Danish nationality as set out in section 44 of the Constitution.
The conditions are as follows:
- You must be born stateless in Denmark.If you were not born stateless, but have subsequently lost your citizenship and thereby become stateless, you do not fall within the scope of the Convention on the Reduction of Statelessness.
- You must currently live in Denmark.This means that you must be registered in the Central National Register (CPR) as a resident in Denmark.
- You must have resided in Denmark for five years immediately preceding the submission of your application, or you must have resided in Denmark for eight years altogether.This means that you may have lived in Denmark for different periods of a total duration of eight years, but at the time of submitting your nationality application you must also be living in Denmark.
- You may not have been found guilty of an offence against national security, and you may not have been sentenced to imprisonment for five years or more for a criminal offence.Offences against national security are acts falling within the scope of Part 12 of the Criminal Code on offences against national independence and security or Part 13 on offences against the Constitution and the supreme authorities of the State. These provisions relate to offences that are normally considered terrorist acts.
- You must make a solemn declaration confirming that you have not been found guilty of any acts falling within the scope of Part 12 of the Criminal Code on offences against national independence and security or Part 13 on offences against the Constitution and the supreme authorities of the State.
- You must also solemnly declare whether you have been sentenced to imprisonment for five years or more.
B. Persons born stateless in Denmark under 18 years of age
If you apply for Danish nationality before you reach the age of 18 (see note 4), you may be listed in a naturalization bill in accordance with the UN Convention on the Rights of the Child of 20 November 1989 (see note 5) if you live in Denmark. Then the Danish Parliament will decide whether you will be granted Danish nationality as set out in section 44 of the Constitution.
The conditions are as follows:
- You must be born stateless in Denmark.
If you were not born stateless, but have subsequently lost your citizenship and thereby become stateless, you do not fall within the scope of the Convention on the Rights of the Child.
- You must live in Denmark.
- You must apply for Danish nationality before you reach the age of 18.
See also section 17 of the Circular Letter on Naturalization (available in Danish only).
C. Persons born stateless in Denmark who have reached the age of 21
If you are more than 21 years old, you will normally not be eligible for Danish nationality unless you satisfy the usual conditions (see note 6).
Persons born stateless in Denmark, that previously and before reaching the age of 21 have applied for nationality, and who may have received an incorrect processing or who may have received incorrect information regarding their rights under the UN Convention on the Reduction of Statelessness or the UN Convention on the Rights of the Child can be listed in a naturalization bill without satisfying the usual conditions for being eligible for Danish nationality.It is a condition to be listed in a naturalization bill with reference to the conventions that the person concerned at the time of the incorrect processing or the incorrect information satisfied the conditions that can be required according to the conventions.
When these conditions are satisfied, the person concerned will be listed in a naturalization bill, whether the application was first submitted after 1 March 2012 (note 7)
Please note the following:
If you submit your application for Danish nationality after reaching the age of 21 and if you have not before the age of 21 received incorrect information regarding your rights under the UN Convention on the Reduction of Statelessness or the UN Convention on the Rights of the Child, you must meet the usual requirements for obtaining Danish nationality.
Note 1: If you have reached the age of 18, but not the age of 21, you have a right in pursuance of the UN Convention on the Reduction of Statelessness of 30 August 1961 to be listed in a naturalization bill without satisfying the usual conditions of Danish nationality.
If you are a person born stateless in Denmark who has not yet reached the age of 18, you have a right in pursuance of the UN Convention on the Rights of the Child of 20 November 1989 to be listed in a naturalization bill without satisfying the usual conditions of Danish nationality.
Note 2: You have to pay a fee of DKK 1,000 before submitting your application. The fee must be paid to the following bank account with Danske Bank before submission of the application: sort code 0216, account No. 4069073948 (write your CPR number in the field provided for 'Message to recipient'). If you fail to pay the fee on time, your application will be refused. It is therefore essential to enclose a receipt for payment as proof of the date of payment.
Note 3: Pursuant to Article 1 of the Convention on the Reduction of Statelessness, each contracting state is obliged to grant nationality to persons born in its territory who would otherwise be stateless, either at birth by operation of law, or upon application. It appears from Article 1(2) that the contracting states may make the grant of nationality subject to one or more of the conditions listed in the Convention, including that the person concerned has always been stateless, that the application must be lodged during a period beginning not later than at the age of 18 years and ending not earlier than at the age of 21 years, that the person concerned has habitually resided in the territory of the relevant contracting state for such period as may be fixed by that state, not exceeding five years immediately preceding the lodging of the application or ten years in all, and that the person concerned has neither been convicted of an offence against national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge.
Note 4: Whether you turn 18 years old before the adoption of a bill in which you could be listed, your application will be treated in accordance with the UN Convention on the Rights of the Child of 20 November 1989.
Note 5: The UN Convention on the Rights of the Child of 20 November 1989 is read in conjunction with the European Convention on Nationality of 6 November 1997.
Note 6: Article 7 of the Convention on the Rights of the Child gives children born stateless in Denmark, i.e. persons under 18 years of age, the possibility of obtaining Danish nationality without satisfying the usual conditions. The Convention on the Reduction of Statelessness gives persons born stateless in Denmark, i.e. persons who have reached the age of 18, but not the age of 21, the possibility of obtaining Danish nationality without satisfying the usual conditions.
Note 7: The former Ministry of Integration contacted persons born stateless in Denmark that no longer satisfy the age requirement of the two conventions in order to give them the possibility of applying for naturalization before 1 March 2012 – as a transitional arrangement – and to be listed in a bill without having to satisfy the usual conditions.
As a follow up the Ministry of Justice by letter dated 29 February 2012 has informed the Parliamentary Committee on Nationality on the processing concerning applications from persons born stateless in Denmark that have reached the age of 21 and therefore no longer satisfy the age requirement of the UN Convention on the Reduction of Statelessness. |