26. Positively, a new law adopted in December 2022 provides a right to stay for those with ‘tolerated stay’ status who have been living in the country for more than five years since January 2022. This then entitles them to apply for longer-term residence permits, and eventually, a route to settlement.32 27. People recognised as stateless shall be issued a travel document according to the 1954 Convention,33 but this is not accessible to people with ‘tolerated stay’ in Germany because lawful residence is required. Stateless people can apply for family reunification if they meet certain conditions and their family members provide evidence of language and/or integration tests. 28. There is a possibility under the Residence Act for recognised stateless people to acquire German nationality through 'discretionary naturalisation' after six years’ residence. Other requirements for discretionary naturalisation include that the person has legal capacity, no criminal record, and can support themselves and any dependents. The law provides that requirements can be waived 'on grounds of public interest or to avoid special hardship', but this option is hardly used in practice. 29. Recognised stateless people may also apply for naturalisation under the general rules for other foreigners after being ‘legally ordinarily resident’ in Germany for eight years. In addition to the requirements mentioned above, this route also requires people to evidence sufficient command of German, knowledge of the legal system and society, and that the person renounces or loses their previous nationality. Travel documents can facilitate proof of identity and statelessness, although their evidentiary function is uncertain as recognition of identity and statelessness is not binding on other agencies. However, stateless persons that have obtained other travel or residence documents, or unidentified stateless persons, face difficulties to prove identity and statelessness during the naturalisation procedure. Minor convictions do not prevent naturalisation, but multiple convictions may pose a barrier to naturalisation. Cases are considered on an individual basis and in exceptional cases may be granted at the discretion of the authorities where there are criminal convictions. The German Government is developing a legislative proposal to amend the Nationality Act which is expected to be published in April 2023. 30. Stateless people can face significant delays in the naturalisation process due to the complex procedure to establish their identity, in particular since the determination of the applicant’s identity and nationality was codified in 2019.34 There are also financial barriers, as there is no provision for specific reductions or waivers for stateless people (which are set at a maximum of 255 EUR, reduced to 51 EUR for a minor). 31. The lack of a statelessness determination procedure in Germany is resulting in a failure to uphold the rights of stateless people, and to fulfil Germany’s international obligations. Although statelessness may be identified in other procedures, such as asylum and 32 Law for the Introduction of an Opportunity for Residency, (20/3717) [Gesetzesentwurf der Bundesregierung, Gesetz zur Einführung eines Chancen-Aufenthaltsrechts], 2 December 2022, available at: https://dserver.bundestag.de/btd/20/037/2003717.pdf. 33 Margarida Farinha (2022) ‘What about it is unclear? I mean I was born here:’ Ungeklärte Staatsangehörigkeit and the (re-) production of de facto statelessness in Germany, Citizenship Studies, 26:6, 799-815, p. 801-807, DOI: 10.1080/13621025.2022.2103972. 34 Third Law amending the Nationality Act code introduced on 4 August 2019 [Dritte Gesetz zur Änderung des Staatsangehörigkeitsgesetzes] (, BGBl. I 2019, S. 1124), entered into force on 9 August 2019, available at: http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl119s1124.pdf. 7