Background:

The Estonian Ministry of the Interior is currently reviewing the documentary obligations for foreign citizens residing and being born in Estonia. In this context, the Estonian National Contact Point to the EMN launched this query to learn more about legislation and practices in other EMN Member and Observer Countries to understand how they address the issue of determining the citizenship of foreigners residing in their territory.

Respondents:

20 EMN Member and Observer Countries provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• The majority of responding countries require third-country nationals residing legally on their territory to also hold a valid identity document or travel document issued by their country of nationality. In BE, for instance, while there are some exceptions, a valid passport is required both to obtain and renew a residence permit. In other countries (EE, FR, HU), a valid identity or travel document is only required for entering or exiting the country, but not for residence itself.
   
• In most countries, the requirement to produce a valid travel document from the country of nationality does not apply to children born on their territory to third-country national parents holders of a residence permit, at least for their initial application for a residence permit, or if this application is done within a certain timeframe after birth (for example, 3 months in HR, LV and LT; 6 months in AT). In these cases, the residence permit for the child will be granted based on their birth certificate. Only in a few countries (for instance, CZ, NL, PL, SK) do children born in their territory need to have a valid travel document from the country of nationality.
   
• When a child is born on their territory to third-country national parents holders of a residence permit, the majority of responding countries record the child’s nationality immediately upon birth registration. This is done based on the parents’ nationality. In BE and most other countries, safeguards exist to prevent children from being born stateless – if they are born without any other nationality, they will be given Belgian citizenship at birth. In other countries (for instance, FI, SE), if the child’s nationality cannot be determined at birth, they will be registered as ‘not clarified’ (FI) or ‘under investigation’ (SE) and the authorities will determine the citizenship status of the child. In LV and LT, the child’s nationality is left blank and will only be registered upon presentation of a valid travel document and application for a residence permit.

For further details, please read the compilation of answers attached above.