Danish Citizenship links

Statutory Notice of Act on the Acquisition of Danish Citizenship

 

This is an act to consolidate the Danish Act no. 252 of 27 May 1950 on the Acquisition of Danish Citizenship, cf. Executive Order no. 155 of 6 April 1978, as amended consequent upon Section 2 of the Danish Act. no. 326 of 4 June 1986 and the Danish Act no. 159 of 18 March 1991.

1.-

(1) Danish Citizenship is acquired by virtue of the birth of

1. a legitimate child whose father or mother is Danish,

2. an illegitimate child, whose mother is Danish.

(2) A child of unknow parentage found in this country shall be deemed to be a Danish citizen until information to the contrary is provided.

2.- If a Danish man and an alien woman have children by each other before they marry, such children shall acquire Danish citizenship on the marriage of their parents in so far as the children are unmarried and under the age of eighteen years.

2 A.-

(1) An alien child under the age of twelve years, which has been adopted under a Danish adoption order, shall become a Danish citizen by virtue of the adoption if the child is adopted by a married couple, both of whom are Danish citizens, or by an unmarried Danish citizen, and if the child lives with its adoptive parents (the adopter) in this country.

(2) Acquisition of citizenship shall have effect from the day on which the adoption order is made.

3.-

(1) An alien who has resided continuously in this country from attaining the age of sixteen years and who has, moreover, lived in this country previously for periods amounting in the aggregate to not less than five years shall acquire Danish citizenship, after having attained the age of twenty-one years but before attaining the age of twenty-three years, by submitting a written declaration to this effect to the County, the Prefect's Office, the Governor's Office on the Faroe Islands or the Governor's Office in Greenland. If the alien does not have nationality in any country, or if he proves that he will lose his foreign nationality by acquiring Danish citizenship, such declaration may be made already after the alien has attained the age of eighteen years if, when the declaration is made, he has resided in this country continuously for the last five years and has, moreover, lived in this country previously for periods amounting in the aggregate to not less than five years.

(2) If the country is at war, a national of a hostile state shall not be able to acquire citizenship in pursuance of this section. This shall also apply to a person who does not have nationality in any state bus has most recently a national of a hostile state.

4 If a person who has acquired Danish citizenship by virtue of birth and who has lived in this country until attaining the age of eighteen years has lost his citizenship, he shall reacquire such citizenship if he has lived in this country for the last two years by submitting a written declaration to this effect to the County, the Prefect's Office, the Governor's Office on the Faroe Islands or the Governor's Office in Greenland. If he is a national of another country, the said declaration may, however, only be made if he proves that he will lose his foreign nationality by reacquiring Danish citizenship.

5.-

(1) If a person acquires citizenship in pursuance of sections 3 or 4 above, such citizenship shall also vest in his unmarried legitimate child under the age of eighteen years residing in this country. This shall, however, not apply to a child which, after the dissolution of its parents, marriage or their separation, is subject to the custody of the other parent.

(2) The regulation laid down by the first sentence of section 5 (1) above shall apply

correspondingly to the relationship between a woman and her illegitimate child, unless the custody of

the child has been awarded to its alien father.

6.-

(1) Citizenship may be acquired by virtue of naturalisation in pursuance of the Danish Constitutional Act.

(2) If the person who is naturalised has children, the regulations laid down by section 5 above shall apply correspondingly, unless a provision to the contrary has been agreed upon in the individual case.

7. Danish citizenship shall be forfeited by

1. a person who acquires foreign nationality by petition of explicit,

2. a person who acquires foreign nationality by taking up a position with the public authorities of another country,

3. an unmarried child under the age of eighteen years who acquires foreign citizenship because one of its parents, who has the custody or any part hereof, acquires foreign nationality in the way described under paragraph 1 or 2 above, unless the other parent remains Danish and also has a share in the custody.

8.

(1) Any person who is born abroad and has never lived in this country nor stayed here under conditions indicating an interdependence with Denmark shall lose his Danish citizenship on attaining the age of twenty-two years. The Minister for the Interior or anyone so authorised by him may, however, by petition submitted before this time, permit that the citizenship be retained.

(2) If a person loses his citizenship under this section, his child shall also lose its citizenship if the child has acquired such citizenship by virtue of its descent from the father, unless the child becomes stateless as a consequence of this.

9.-

(1) The Minister for the Interior or anyone so authorised by him may release a person who is or wants to become a foreign national from such person's relations to Denmark in terms of nationality. In the latter case such release shall take place on condition that the petitioner becomes a national of another country by a certain deadline.

(2) Release cannot be denied a person who is a foreign national and who resides permanently in another country.

9 A.

(1) The King may, according to agreement with other states, lay down that the provisions of section 9A (2) and (3) below shall apply. The term "country of agreement" in this section shall comprise the state(s) with wich such agreement has been made.

(2) A person who has acquired nationality by virtue of birth, in Denmark as well as in the

country of agreement, shall lose the Danish citizenship when attaining a specific age laid down by the agreement, which shall not be under the age of nineteen years nor above the age of twenty-two years, if, for the last five years, such person has resided permanently in the country of agreement in question.

(3) If a person loses his citizenship according to section 9A (2) above, his child shall also lose its citizenship if the child has acquired the citizenship by virtue of its descent from the father, unless the child becomes stateless as a consequence of this.

(4) A person who has lost his Danish citizenship under this section and has remained a national of the country of agreement after that shall reacquire the citizenship when, after having taken up permanent residence in this country, he has submitted a written declaration to this effect to the County, the Prefect's Office, the Governor's Office on the Faroe Islands or the Governor's Office in Greenland. The provisions of the second sentence of section 4, and section 5, shall apply correspondingly.

10.-

(1) The King may, according to agreement with Finland, Iceland, Norway and Sweden, lay down that one or several of the provisions under A-C below shall apply. The term "Nordic country of agreement" in this section shall comprise the state(s) with wich such agreement has been made.

A. On the application of section 3 above, residence in a Nordic country of agreement until attaining the age of sixteen years shall be treated as residence in this country. The person in question shall, however, when the declaration is made have resided continuously in this country for the last five years.

(2) On the application of section 4 above residence in a Nordic country of agreement until attaining the age of twelve years shall be treated as residence in this country.

(3) On the application of section 8 above residence in a Nordic country of agreement for

periods amounting in the aggregate to not less than seven years be treated as residence in this country.

B. A citizen of a Nordic country of agreement who

1. has acquired nationality in that country in another way than by virtue of naturalisation,

2. has attained the age of eighteen years,

3. has resided permanently in this country for the last seven years, and

4. has not during the said period of time been sentenced to imprisonment, house of correction, preventive detention or sentenced to be placed in a special home for persons suffering from ental disorders, cf. section 70 (1) of the Danish Criminal Code, shall acquire Danish citizenship by submitting a written declaration to this effect to the County, the Prefect's Office, the Governor's Office on the Faroe Islands or the Governor's Office in Greenland. The provisions of section 5 above shall apply correspondingly.

C. A person who has lost his Danish citizenship and has not continuously been a national of a Nordic country of agreement after that, shall reacquire the citizenship when he after having taken up permanent residence in this country, he has submitted a written declaration to this effect to the County. the Prefect's Office, the Governor's Office on the Faroe Islands or the Governor's Office in Greenland.

The provisions of section 5 shall apply correspondingly.

11.-

A declaration concerning the acquisition of citizenship under sections 3,4,9A (4), 10B and 10C of this cannot br made by a quardian or by the person having custody.

12.-

(1) The Minister for the Interior may lay down more specific regulations as to the carrying into effect of this Act and regulationa as to payment for the filing of a petition for Danish citizenship by virtue of naturalisation.

(2) Declarations concerning conditions which are covered by this Act or regulations drawn up in pursuance of this Act, including declarations made for the purpose of petitioning for citizenship or for a certificate of citizenship, may be required to be solemn.

13.-

(1) A child under the age of eighteen years, which would have been a Danish citizen if the provision in section 1 (1) (2) above had not been in force prior to the effective date of this Act, and which child is not or has not been a national of any other country, shall acquire Danish citizenship.

(2) On the application of section 4 above any person who has acquired Danish citizenship in pursuance of Act no. 474 of 5 September 1920 relating to the Acquisition of Danish Citizenship in connection with the Danish annexation of the territories in South Jutland, cf. the Danisch Act no. 247 of 12 June 1922, shall be deemed to be a native-born Dane. Residence in the South Jutland territories prior to 15 June 1920 shall be treated as residence in this country.

(3) A woman who has lost her citizenship, according to legislation in force previously, by

marrying an alien or by acquiring foreign nationality either by virtue of marriage or by virtue of her spouse's acquisition of foreign nationality, but who would have continued to retain her Danish citizenship if this Act had been in force previously may reacquire citizenship by submitting a written declaration to this effect to the Chief Administrative Authorities (In Copenhagen, to the Municipal Corporation) or another authority as laid down by the Minister for the Interior. Such declaration can, however, not be made validly after 31 December 1955.

(4) A woman who reaches the age of twenty-two years before 1 January 1954 and who is or has been married when she attains the said age shall not lose her citizenship in pursuance of section 8

(1) above until by the end of the year 1953.

(5) The provisions of sections 3 and 4 above and of subsection 3 of this section shall not apply to persons who are covered by the Danish Act no. 379 of 12 Juli 1946 as amended by the Danish Act no. 528 of 22 December 1947, cf. the Danish Act no. 518 of 22 December 1948, and who have not by a special act been allowed admission to acquire or retain their citizenship, irrespective of the provisions of the Danish Act of 12 June 1946. This shall also apply to any such person who would have been comprised by these acts if he had been a native-born Dane and remained resident in this country.

(6) If a person who has become a national of another country but who, in pursuance of the second sentence of Section 5 of the Danish Act no. 123 of 18 April 1925, has retained his Danish citizenship, moves out of the country, such act shall not entail forfeiture of the citizenship unless the person in question continues to have nationality in another country and would lose or have lost the citizenship according to the regulations of section 7 of this Act if such regulations had been in force previously.

(7) The provisions of this Act shall, moreover, apply if the condition giving ground for the

acquisition or forfeiture of the citizenship is of a later date than the entering into force of this Act.

14. This Act, which shall replace the Danish Act no. 123 of 18 April 1925 relating to acquisition and forfeiture of citizenship, shall apply to any part of the Danish state.

15. This Act shall enter into force on 1 Januaru 1951.

The Danish Act no. 326 of 4 June 1986, section 2 of which shall amend section 2A, contains the following commencement provisions:

3.- (1) The Act shall enter into force on 1 October 1986.

(2) (Deleted)

(3) Section 2 shall apply to adoption orders issued after the entering into force of this Act.

The Danish Act no. 159 of 18 March 1991, of whose section 1 subsection 1 shall amend sections 3 (1), 4, 9A (4), and two passages in section 10 (3).

subsection 2 shall amend section 8 (1) (2),

subsection 3 shall amend section 9 (1) (1)

subsection 4 shall amend section 12 (1),

contains the following commencement provision:

2. The Act shall enter into force one week after its affirmation.

The Ministry of the Interior

17 June 1991

THOR PEDERSEN