Report on Citizenship Law: Denmark

Unlike many other European countries, Denmark did not reform its citizenship law in 2000. Hence the country did not follow the European trends in citizenship law of facilitating naturalisation, extending citizenship entitlement, accepting multiple citizenship and introducing ius soli elements into its citizenship law. Far from providing easier access to citizenship, Denmark has made the conditions for citizenship acquisition stricter in the 2000s.

This trend towards restriction came to an end after the Danish centre-left government came into office in autumn 2011. There is now a new trend towards facilitation of citizenship. In 2013 naturalisation was facilitated, and in 2014 the Citizenship Act was amended in three respects. Firstly, all children born of a Danish parent (father, mother, or ‘co-mother’) now acquire Danish citizenship automatically at birth. Secondly, the children of immigrants who are born in Denmark are now, under certain conditions, entitled to Danish citizenship by a declaration submitted before the age of nineteen. Thirdly, as of September 2015 multiple citizenship is fully accepted for emigrants as well as for immigrants.

But Denmark is still the only Nordic country with a general residence requirement of nine years and a conduct requirement excluding aliens from naturalisation on a permanent basis (in so far as they have been sentenced to imprisonment for eighteen months or more). The Danish language requirement, which was made more stringent, first in June 2002 and in December 2005 and November 2008, has been, as of 15 June 2013, at the Council of Europe level B1.

The restricted requirements have led to a fall in the number of naturalisations. A new condition, according to which applicants for naturalisation must be self-supporting, has contributed to this. Until June 2013, it was a requirement that the applicant must not have received social benefits for more than an aggregate period of half a year within the last five years. With the latest amendments, receipt of social benefits for up to two-and-a-half years within the last five years is accepted.

In spite of these new relaxations, it is fair to conclude that Denmark has the most stringent barriers to naturalisation among the Nordic countries, which may have to do with the fact that criteria for naturalisation are not adopted by law, but negotiated and agreed upon by political parties representing a majority in Parliament.