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Claiming German residency and work permit

...when born in Australia to a German parent

Toytown Germany > Discussion forum > Germany-wide > Visas/permits
Teutonica
Can Someone help me please?

I was born in Australia.

My mother was born in Braunschweig Germany. Do I have any rights at all in claiming some kind of residency or even permission to work in the EU because of this.

My Father was Serbian so my mother was stateless when they migrated here to Australia in 1948.

I just wanted to able to work in the Eu and not nesseccarily take up German residence or citizenship.
I know what a hassle that can be.

I was told recently that I could claim something because of changes to the law on Discrimination by the UN. Is there some truth in this? What are my options?

Any help appreciated.

Teutonica
tom_a
"Discrimination" against who/what?
tom_a
If your mum was a German citizen, there might be a chance.

If not, then it's hard to see how you could have any reasonable "claim" whatsoever.
KofferInBerlin
What you'd be looking for is "German citizenship", your ancestry wouldn't have any bearing on residency and work-permits.
Hutcho
The discrimination thing that he is talking about might be a reference to the exception that can be made if his mother was fleeing because of the Nazi's. So if she was Jewish and fled because of Hitler, then you might have a chance.

Otherwise your chances are very slim I would say. There are other threads on this same topic if you do a search, but one guy in question had a German mother and was even born in Germany and wasn't allowed to have a passport unless he gave up his Australian one.

If your mother was stateless, then she was not German. I don't know about 50 years ago, but if you are born in Germany today, that does not automatically make you a German citizen.

If your dad is Croatian, maybe you can get a Croatian passport, which will help you out once they join the EU.
Conquistador
Not everyone who was persecuted by the Nazis and had their citizenship stripped was Jewish- some were Communists. To qualify for German citizenship under this provision, one must be the person whose citizenship was stripped for political reasons, or the child or grandchild (born before 1993) of the person whose citizenship was stripped by the Nazis. Not only that, the person who lost their citizenship must not have been naturalized by another country prior to being stripped of German citizenship. If I remember correctly, all Jews had their citizenship stripped by decree in 1941, unless the Nazis had specifically stripped the individual person by that point. The Nazis would publish the names of people whose citizenship had been stripped in an offical publication.

To the OP- contact the nearest German embassy or consulate to discuss your own situation.
Teutonica
Im sorry. I meant discrimination based on Gender as I was told once by the Geman consulate here a few years ago that they only give citizenship through the father if he was German.

I was told the other day that the UN had a charter on gender bias when claiming citizenship.
So to recap. I was born in Australia from a German Mother. Thats it"" My dad was Serbian and we all know what that means EU wise""
Sooo do I have a chance in anyway to get some kind of right to residency so I can work in the EU
Conquistador
I am not familiar with the UN charter you have mentioned, but prior to 1975, German citizenship was inherited through the father unless the child was born out of wedlock to a mother who was a German citizen, and even then there may have been some sort of administrative procedure that had to be done to get citizenship for the child. Just because she was born in Germany does not mean your mother was a German citizen. You said your mother was stateless, was she ever a German citizen who had her citizenship stripped by the Nazis, or was one of your grandparents stripped of citizenship? That would seem to be your only way to claim citizenship (and a right to work in the EU) at this point.
TeeJay
QUOTE (Hutcho @ Oct 12 2007, 8:20 pm) *
The discrimination thing that he is talking about might be a reference to the exception that can be made if his mother was fleeing because of the Nazi's. So if she was Jewish and fled because of Hitler, then you might have a chance.

Otherwise your chances are very slim I would say. There are other threads on this same topic if you do a search, but one guy in question had a German mother and was even born in Germany and wasn't allowed to have a passport unless he gave up his Australian one.

If your mother was stateless, then she was not German. I don't know about 50 years ago, but if you are born in Germany today, that does not automatically make you a German citizen.

If your dad is Croatian, maybe you can get a Croatian passport, which will help you out once they join the EU.

Yea, that guy you were talking about could of been me who was born in germany.

In a different situation then you, but very similar.

I was born in Germany (same place where your mother was born - Braunschweig).

But difference between you and me is that i was born in germany while you in australia. The thing is i moved to australia when i was 3 on my mums passport, on her papers and so forth. I basically didnt have a "choice" over to moving to germany.

Now im 20 and wanting get residency/visa ect to germany i can go get a residency but after 2 years i think it is i have to give up my australian passport and get a german one.

Would more than likely have the same impact with you aswell.

BEST thing to do, is to call the embassy in your area and go from there. Thats what i did and they helped as much as they could to try and get the best possible method of residency ect.
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