Dual German-UK Citizenship was greatly affected by Brexit and, as of 2021, the changed relationship between the United Kingdom and the European Union. On 27 June 2024, the Act to Modernise Nationality Law entered into force in Germany. In this article, we will examine the changes to Germany's Nationality Law and how they affect Dual German-UK Citizenship. 

What was the Legal Situation Leading up to the Act to Modernise Nationality Law?

It is important to note that while the UK allows for dual citizenship, Germany’s Nationality Law used to be based on the rule of single nationality (except for EU member states and Switzerland). This led to the following legal situation during and post Brexit:

Citizens of the UK Seeking to Apply for Dual German-UK Citizenship

During the Brexit transition period, which lasted from 1 February 2020 to 31 December 2020, Dual German-UK citizenship for UK citizens was still possible by naturalisation, as EU citizens do not need to give up their previous citizenship to become citizens in Germany.

As a citizen of the UK seeking to apply for dual German-UK citizenship, it was possible under the following conditions:

• an application for citizenship by naturalization had to be made before 31st December 2020
• all naturalisation requirements were met before 31st December 2020
• all requirements had to remain fulfilled until the moment of naturalisation.

German Citizens Living in the UK – The Retention Permit

German citizens living in the United Kingdom who were thinking of applying for UK citizenship following Brexit had to be aware that this would likely lead to the renunciation of their German citizenship. Although the UK allows for dual citizenship, Germany did not generally provide dual citizenship with third countries. However, per § 25 Nationality Act, there was the possibility of applying for a so-called Retention Permit. The Retention Permit allowed its holder to keep their German citizenship if public or private interests were able to justify the retention permit. This decision was at the discretion of the German Federal Office of Administration.

The Act to Modernise Nationality Law – What are the Relevant Effects on Dual German-UK Citizenship?

Germany’s newly modernised Nationality Law now permits multiple citizenships. This is particularly significant for UK citizens residing in Germany post-Brexit, as they are no longer required to renounce their UK citizenship when acquiring German nationality.

Similarly, German citizens living in the UK will no longer need a Retention Permit to retain their German nationality. § 25 Nationality Act, which previously mandated this requirement, has been abolished, and Retention Permits are no longer issued.

Requirements for German Citizenship by Naturalisation

To acquire German citizenship through naturalisation, applicants must meet the criteria outlined in § 10 Nationality Act, which has been updated by the Act to Modernise Nationality Law.

Under the revised law, an application for naturalisation is granted to foreign nationals who:

• Have been legally and ordinarily resident in Germany for five years (reduced from eight years), and
• Possess legal capacity or have a legal representative, and
• Confirm their commitment to the free democratic constitutional system of Germany’s Basic Law.

Additionally, the residence requirement may be reduced to three years for individuals who demonstrate an exceptional level of integration. To qualify for expedited naturalisation after three years, applicants must:

• Show outstanding achievement in education, vocational training, employment, or community service,
• Be financially self-sufficient, and
• Pass a C1-level German language exam (Common European Framework of Reference for Languages).

If you meet these criteria and would like expert guidance on your naturalisation application, our legal team is here to help. Our experienced lawyers have successfully assisted clients worldwide in navigating Germany’s immigration process. Contact us today for personalised advice on your path to German citizenship.

What are the Advantages of dual German-UK Citizenship?

Through dual German-UK citizenship, the benefits of EU membership will be maintained. This means that naturalisation will, amongst other things, allow you to:

• enjoy full working & residential rights in Germany
• enjoy full working & residential rights in any other EU member state
• travel throughout the EU without a visa
• enjoy subsidised tertiary education & scholarships
• vote and hold public service positions at the EU level
• enjoy guaranteed data protection through GDPR

These are only some of the benefits of dual German-UK citizenship, and there are many more for you and your family.

Legal Representation with Schlun & Elseven Rechtsanwälte

Our law firm, Schlun & Elseven Rechtsanwälte, with offices in Cologne, Aachen and Düsseldorf, as well as conference rooms in Hamburg, Berlin, Frankfurt, Stuttgart and Munich, is at your disposal nationwide and serves you as a reliable and competent partner in all questions of immigration law, in particular in applications for German citizenship. If you require any further assistance in gaining your dual German-UK citizenship, please do not hesitate to contact our lawyers directly.