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Germany: Whether the Romanian parents and minor siblings of a child having German citizenship on the basis of birth in Germany have the right to live and work in Germany

This Response provides additional information to that found in DEU40043.E of 8 November 2002 regarding the residency rights of a female Romanian citizen whose daughter, born in Romania, has German citizenship through her father. Please refer to DEU-33636.E of 16 February 2000 for general information on the latest German Nationality Act that was passed in 1999 and came into effect in 2000. For citizenship matters relating to foreigners in Germany prior to 1 January 2000, please consult DEU39068.E of 31 May 2002, DEU24047.E of 26 June 1996, DEU22546.E of 31 January 1996, DEU21357.E of 2 October 1995, DEU20714.E of 28 July 1995 and DEU20715.E of 28 July 1995.

In a 1 June 2004 telephone interview, a consular representative of the Consulate of the Federal Republic of Germany in Montreal informed the Research Directorate that a child whose parents are Romanian citizens would not be granted German citizenship solely on the basis of birth in Germany. A consular representative from the Embassy of the Federal Republic of Germany in Ottawa stated in 1 June 2004 correspondence that

Only under special conditions can a child obtain automatically German citizenship by birth on German soil if neither parent is German. Whether the family and siblings [of a child with German citizenship] have the right to live and work in Germany is a totally different question and has to be checked carefully for each individual on the basis of the German Aliens' Act.

According to the Act to Amend the Nationality Law that came into effect in Germany on 1 January 2000, children born in Germany to non-German citizens receive German citizenship at birth if at least one of their parents has been living in Germany with a valid residence permit for eight years, or with a permanent residence permit for three years (Germany 1 Jan. 2000, ch. 2 sec. 4.3; ibid. Aug. 1999; ibid. n.d.a). The 2000 German Act to Amend the Nationality Law also entitled children up to ten years of age to apply for German citizenship as long as they were less than ten years of age on 1 January 2000 (ibid. Jan. 2002; ibid. 1 Jan. 2000, ch. 4 sec. 40b; ibid, n.d.ea), submitted an application by 31 December 2000, were born in Germany, one of their parents had legally resided in Germany for at least eight years with a residence permit or three years with a permanent residence permit, and one parent had residence in Germany at the time citizenship was granted to the child (IHF 30 May 2000, 168; Germany Aug. 1999; Embassy of the Federal Republic of Germany in London n.d.).

No information could be found on whether ascendants or siblings of German citizens are granted residence and work permits on the basis of birth of a child in Germany among the sources consulted by the Research Directorate. However, the following information on obtaining German citizenship and living and working in Germany may be of interest.

In general, citizens from non-European Union member states can apply for German citizenship after having lived in Germany for eight years (Germany n.d.c; ibid. Aug. 1999; Embassy of the Federal Republic of Germany in Accra n.d.). Any person living in Germany who does not possess German citizenship or who was not admitted to the territory of Germany from 31 December 1937 onwards as a refugee or expellee of German ethnic origin, or who is not a spouse or descendant of such a person, must obtain a residence permit to reside in Germany (Germany 30 June 1993; EU n.d.a; ibid. n.d.b; ibid. n.d.c). To work in Germany, these persons must also obtain a residence permit (Germany Aug. 2003; ibid. n.d.d), a work permit (Germany Federal Foreign Office Aug. 2003; EU n.d.d), a tax card and a social security number (Germany n.d.b).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Consulate of the Federal Republic of Germany in Montreal, Canada. 1 June 2004. Telephone interview with consulate representative.

Embassy of the Federal Republic of Germany in Accra, Ghana. n.d. The New Nationality Provisions. <http://www.accra.diplo.de/en/willknommen/staatsangeh/> [Accessed 27 May 2004]

Embassy of the Federal Republic of Germany in London, United Kingdom. n.d. German Nationality: Reform of Germany's Citizenship and Nationality Law. <http://www.german-embassy.org.uk/reform_of_germany_s_citizenshi.html> [Accessed 14 May 2004]

Embassy of the Federal Republic of Germany in Ottawa, Canada. 1 June 2004. Correspondance from a consular representative.

European Union (EU). n.d.a. European Foundation for the Improvement of Living and Working Conditions. n.d.a. "Germany: Alien." <http://www.eurofound.eu.int/emire/GERMANY/ALIEN-DE.html> [Accessed 31 May 2004]

______. n.d.b. European Foundation for the Improvement of Living and Working Conditions. n.d.b. "Germany: Permission to Reside." <http://www.eurofound.eu.int/emire/GERMANY/PERMISSIONTORESIDE-DE.html> [Accessed 31 May 2004]

______. n.d.c. European Foundation for the Improvement of Living and Working Conditions. n.d.c. "Germany: Residence Permit." <http://www.eurofound.eu.int/emire/GERMANY/RESIDENCEPERMIT-DE.html> [Accessed 31 May 2004]

______. n.d.d. European Foundation for the Improvement of Living and Working Conditions. n.d.d. "Germany: Work Permit." <http://www.eurofound.eu.int/emire/GERMANY/WORKPERMIT-DE.html> [Accessed 31 May 2004]

Germany. August 2003. Federal Foreign Office. Working in Germany. <http://www.auswaertiges-amt.de/www/en/willkommen/arbeitsaufnahme/arbeitsaufnahme_html> [Accessed 31 May 2004]

_______. January 2002. Federal Foreign Office. Reform of the Law on Nationality. <http://www.auswaertiges-amt.de/www/en/willkommen/staatsangehoerigkeitsrecht/index_html> [Accessed 27 May 2004]

_______. August 1999. Federal Ministry of the Interior. "Staatsangehorigkeitsrecht." <http://www.iuscomp.org/gla/statutes/StAG.htm> [Accessed 27 May 2004]

_______. 1 January 2000. Nationality Act. Translated by Inter Nationes. (IUSCOMP, German Law Archive) <http://www.iuscomp.org/gla/statutes/StAG.htm> [Accessed 27 May 2004]

_______. 30 June 1993. Constitution (Basic Law) for the Federal Republic of Germany . (Legislationline) <http://www.legislationline.org/view.php?document=55205> [Accessed 31 May 2004]

_______. n.d.a. Federal Commissioner for Foreigners' Affairs. "A Manual for Germany: Children: German Citizenship through Birth." <http://www.handbuch-deutschland.de/book/en/003_003_003.html> [Accessed 27 May 2004]

_______. n.d.b. Federal Commissioner for Foreigners' Affairs. "A Manual for Germany: Employment Formalities." <http://www.handbuch-deutschland.de/book/en/004_002_001.html> [Accessed 27 May 2004]

_______. n.d.c. Federal Commissioner for Foreigners' Affairs. "A Manual for Germany: German through Naturalization." <http://www.handbuch-deutschland.de/book/en/003_003_001.html> [Accessed 27 May 2004]

_______. n.d.d. Federal Commissioner for Foreigners' Affairs. "A Manual for Germany: Work Permits." <http://www.handbuch-deutschland.de/book/en/003_002_002_003.html> [Accessed 27 May 2004]

_______. n.d.e. Federal Ministry of the Interior. "Nationality: Major Reform Aspects." <http://www.eng.bmi.bund.de/dokumente/Artikel/ix_85913.htm?> [Accessed 27 May 2004]

International Helsinki Foundatin for Human Rights (IHF). 30 May 2000. Human Rights in the OSCE Region: The Balkans, the Caucasus, Europe, Central Asia and North America (Events 1999): Germany Annual Report 2000. <http://www.ihf-hr.org/documents/doc_summary.php?sec_id=3&d_id=1824> [Accessed 27 May 2004]

Additional Sources Consulted

Internet sites, including: Dialog, European Country of Origin Information Network,

Franffurter Allgemeine, Goethe Insitut Heiros Gamos Law Centre, Internet Public Library, Radio Free Europe/Radio Liberty, United Nations Development Programme Mission in Germany, United Nations High Commissioner for Refugees, World News.

Topics: Right to employment,