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DANISH CITIZENSHIP

Why young people born in Denmark can be denied citizenship

Many young people who were born in Denmark to foreign parents, or who lived in the country from a young age, are unable to qualify for citizenship when they reach the age of consent, despite having grown up in the country.

Why young people born in Denmark can be denied citizenship
A Danish passport is not the automatic right of people born in Denmark. Illustration photo: Ida Marie Odgaard/Ritzau Scanpix

If you are born in Denmark to two non-Danish parents, you don’t automatically become a Danish citizen.

While children can become Danish citizens if their parents naturalise, this does not happen in all cases and is not always possible if the parents don’t meet Denmark’s citizenship criteria.

That means many young people, who often have not lived in any other country, cannot become citizens, with all the democratic and other rights this entails, until they reach adulthood.

At this time, they are generally subject to the same rules as people who moved to Denmark as adults – which can actually make it harder for them to meet criteria than for those who moved to Denmark later in life.

According to figures from Statistics Denmark, reported in 2021 by the broadcaster DR, some 54,000 children and teenagers and 19,000 adults who were born in Denmark are not citizens of the country.

The rules for qualifying for citizenship in Denmark are some of Europe’s strictest. A string of criteria related to length of residence, financial self-sufficiency, language and cultural knowledge, employment history and criminal records are applied to applicants for naturalisation.

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The requirements for language skills and minimum length of residence can normally be met by young people who grew up in Denmark, but the employment requirement often stands in the way of their claims to Danish nationality when applying after the age of 18.

This is because a certain number of years of employment in Denmark are required to be eligible for citizenship. Education does not count towards this, meaning young people who have lived and attended school in Denmark throughout their youth often fail to meet the criteria.

How do the employment criteria work?

In general, an applicant for citizenship must have worked or been self-employed for three and a half of the last six years to meet the employment criteria (beskæftigelseskravet) for naturalisation (retired people can be exempted). They must also be in full-time work at the time their application is approved, a process that takes place via parliamentary bill.

In general, education does not count towards the required three and a half years (there are some exceptions for practical components of education programmes).

So if someone applies, for example, as a university student aged 21, they are very unlikely to meet the employment criteria. That will also be the case if they were born in Denmark, grew up there and have lived in the country for nine years or more.

Changes to the citizenship rules adopted in 2021 allow people aged 22 or under, who moved to Denmark before the age of 8, to apply for dispensation from the employment criteria. The immigration ministry encourages such applicants to “include a letter of motivation” in their application, outlining “the background for your desire to have Danish citizenship and the reason for your failure to meet the employment requirement”, as well as documentation for things like education history and voluntary work.

Campaigners have called for time spent in education to be given equivalence to full-time work in citizenship claims, but this does not currently have government backing.

Does a child born to foreigners need a residence permit?

If you are a child born in Denmark by foreign national parents, you need to apply for a residence permit.

The requirements for qualifying for a residence permit are more relaxed than for children born abroad. The child needs to either be registered as a family member to an EU citizen if under the age of 21, or registered under family reunification if the parents are not EU citizens.

The child’s residence permit will expire when the parent’s residence permit expires and can also be extended with the parent’s permit. It is also possible for the child to obtain a permanent residence permit from age 18 by meeting the more lenient requirements.

It is worth noting that it is also a requirement to be a permanent resident of Denmark when you apply for citizenship. You must normally have held permanent residency for at least two years.

Children of foreigners in Denmark may not always have had permanent residency if their parents do not have it, and can therefore also fail to meet citizenship requirements based on this criteria.

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DANISH CITIZENSHIP

EXPLAINED: Can children of Danes regain citizenship after EU Court verdict?

Children of Danes who have lost their Danish citizenship because they turned 22 without applying to retain it may now get a second chance following an EU ruling, the country's immigration ministry has said.

EXPLAINED: Can children of Danes regain citizenship after EU Court verdict?

According to the ministry, children of Danes who turned 22 on or after November 1st 1993, but failed to apply to have their Danish citizenship made permanent before the deadline of their 22nd birthday, will now be able to apply to have their application reopened in some cases. 

For the case to reopened, the removal of citizenship will have to have “had effects in relation to EU law”.

For this to be the case, the removal of Danish citizenship will, firsly, also generally have to deprive the person of EU citizenship, and as a result impact “a family or employment connection to an EU member state other than Denmark”, which has been established before the age of 22. 

The ministry will also, in all cases where the loss of Danish citizenship at the age of 22 also means a loss of EU citizenship, from now on automatically consider whether the effects in relation to EU law of the loss of EU citizenship are proportional to the reason for removing citizenship (normally the lack of a demonstrated connection to Denmark). 

What is the reason for the change? 

The EU Court of Justice ruled last September that a Danish law allowing citizenship to be revoked from people born abroad to one Danish parent who have never lived in the country, if they reach the age of 22 without applying to retain it, was acceptable.

The case concerned the daughter of a Danish mother and an American father who has held, since her birth in the United States, Danish and American citizenship. After reaching the age of 22, she applied to retain Danish nationality, but the national authorities told her that she had lost it when she turned 22.

The EU court ruled that anyone facing such a decision “must be given the opportunity to lodge, within a reasonable period, an application for the retroactive retention or recovery of the nationality”.

The decision was a development from a previous ruling from 2019, in which the court had ruled that any decisions to remove Danish citizenship should consider the consequences of a loss of EU citizenship as well as of national citizenship, in cases where EU citizenship was dependent on Danish citizenship.  

The ministry, it ruled, must ensure that any loss of EU citizenship was “in accordance with the the fundamental rights laid down in the EU charter of human rights, including the right to privacy and family life”. 

The ministry in 2019, however, interpreted this as only applying in cases where the application to retain citizenship was submitted before the deadline of the person’s 22nd birthday. 

What are the rules around citizenship for Danes born abroad?

When a child has a Danish parent, they are automatically given Danish citizenship at birth, with some exceptions.

They they have until they are 22 to apply to retain their citizenship, with citizenship normally only granted if the child can demonstrate a strong connection to Denmark, by, for instance, residing in Denmark for at least one year before turning 22 or living in another Nordic country for seven years. 

What do you have to do to regain Danish citizenship? 

You need to submit a request the ministry to resume their application, including documents demonstrating that the revocation of Danish citizenship has had an impact in relation to EU law, by, for instance harming the person’s relationships with family or their work in an EU member state other than Denmark.  

The ministry will not consider any ties to another EU country that arose after the applicant’s 22nd birthday.

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