Maarten Peter Vink and Gerard-René de Groot
groups, bringing the Portuguese provisions also in line with the anti-discrimination provisions from the European Convention (ECN 5). Since 2010, a similar provision can be found in Greece, with the caveat that in Greece five years residence by both parents is required, prior to birth of the child (GRE 1A(1); see also discussion in next section on ius soli after birth).
Since 1 January 2000, the German Nationality Act provides that a child of foreign parents born in Germany acquires iure soli German citizenship if one parent has, at the time of the child’s birth a certain residence status (GER 4(3)). As stated above, this was a paradigmatic amendment to the citizenship law. Notwithstanding its political significance, two caveats are in place when discussing the introduction of ius soli in Germany: a) the residence requirements for parents of children born in Germany substantially restrict the application of the new ius soli provisions; and b) German citizenship acquired iure soli can still lapse if a person acquires another citizenship iure sanguinis and does not renounce this citizenship before his or her twenty-third birthday. With regard to the residence requirement, the parent needs to have her or his legal habitual residence in Germany for at least eight years, and is entitled to stay permanently (‘Aufenthaltsrecht’) or – for Swiss nationals - a residence permit (‘Aufenthaltserlaubnis’).
Table 4. Ius soli provisions in Europe (recent changes in bold) (excluding prevention of statelessness and provisions regarding foundlings –see Table 5)
At birth (=mode A02)
After birth (=mode A05)
If resident in AUT for 6 years before application (since 1999). From age 18 if resident since birth (before 2000: between age of 18-30); At age of 18- 22 if resident 1 year before declaration and between age 14-18, or 9 years in total (since 2000)
From age of 18 if permanent residence in BUL 3 years (since 1998) At any age after 5 years of residence
RSCAS/EUDO-CIT-Comp. 2010/8 - © 2010 Authors
Parent is born in BEL and resided in BEL 5 out of 10 years before birth target person (since 1984; until 1992 by declaration); Before age of 12 if parent resided in BEL 10 years preceding declaration (since 1992) –