Germany has reformed its Military Service Law (Wehrpflichtgesetz – WPflG), which came into effect 1 January 2026. Recent media reports revealed a clause that had received little public attention thus far: German men between the ages of 17 and 45 require military approval if they want to leave Germany for extended stays abroad.

Understandably, this leads to concern among all those who hold German dual citizenship or plan to obtain German citizenship: (How) are they affected? Do they need a permit from the Bundeswehr to leave Germany? Could they even face military obligations in Germany? Should they not pursue German citizenship anymore? In this article, we will demonstrate why there is no cause for concern.

Schlun & Elseven provides you with an overview of the current legal situation and explains what the new German regulation means in practical terms. Our experienced lawyers for citizenship law advise clients who hold or are planning to acquire German (dual) citizenship on all related legal matters — from the acquisition of German citizenship to the new possible military implications of obtaining a German passport. We are available at any time for an individual assessment of your specific situation.

Legal Framework in Germany: Active Obligation to Serve in the Military?

The legal basis for military service in Germany is the German Military Service Act (Wehrpflichtgesetz – WPflG). The rule generally concerns male German citizens within a certain age range (up to 45 years of age in peacetime) in the context of possible military obligations.

At present, conscription is legally precluded in Germany, as compulsory military service has been suspended since 2011, and the 2026 Military Service Modernization Act has not reinstated it. The legal provisions remain in force but are not actively applied in practice. This means military service in Germany is voluntary – there is no active obligation to serve in the military.

Modernized Military Service Act: Approval Requirement for Time Abroad?

Since 1 January 2026 male German nationals between the ages of 17 and 45 are required to obtain prior approval for stays abroad exceeding three months from the competent Bundeswehr career center under Section 3 (2) of the Military Service Act (Wehrpflichtgesetz – WPflG). The Military Service Modernization Act modernizes a similar 1986 regulation that applied only during declared military threats.

The new version extends the three-month-rule to peacetime by revising Section 2 (3) of the Military Service Act. The Federal Ministry of Defense has clarified, however, that said approval is deemed to have been granted for as long as military service remains voluntary. Clarifying administrative regulations are still being developed at this time.

Enforcement and Sanctions?

The Federal Ministry of Defense has also clarified that the regulation remains largely without practical consequence for those affected. Authorities are not actively monitoring or restricting travel or residence abroad based on this rule.

Furthermore, even though it is now required to get approval for an extended stay abroad, there is no sanction mechanism in place if you do not meet that requirement.

To summarize the current situation regarding the approval requirement for time abroad:

  • There is no clear administrative procedure in place – clarifying administrative regulations are still being developed.
  • There is no evidence of systematic enforcement of the new 3-month-threshold.
  • Crucially, there are no sanctions for failing to obtain such approval.
  • Authorities are not actively monitoring or restricting travel or residence abroad.

The Impact on Citizenship Applicants and Dual Citizenship Holders

If you are thinking about acquiring German citizenship or have already started the proceedings – there is no cause for alarm. Acquiring German citizenship does not trigger automatic military service or similar obligations. As of now, there is no practical risk that new German citizens will be required to join the military under current conditions.

Moreover, we understand that the new 3-month-threshold may appear concerning but as of now living abroad while holding German citizenship remains fully possible without restrictions or sanctions in practice.

Legal Assessment and Outlook

The topic of Military Service Modernization is part of a broader political debate on security and defense in Germany. From a legal and practical standpoint, the new regulation (like the 3-month-rule) is largely theoretical at this stage – it reflects a potential framework, not an actively enforced obligation.

Nonetheless: While clients can be reassured that there is currently no cause for concern, and no immediate action is required, future changes are possible – we will monitor the situation closely and keep you updated.

If you have any questions in the meantime, please do not hesitate to contact our citizenship lawyers.