German Citizenship Lawyers

German citizenship can easily be claimed by persons who can provide evidence of German ancestors. Since German citizenship is linked to the acquisition of EU citizenship, such a decision brings further advantages. With the help of our lawyers, you can easily find out whether you meet the requirements for German citizenship by descent. We will also support you in obtaining the necessary documents as well as in filing the application.

Meeting the requirements for German citizenship does not mean automatically obtaining it. The procedure for obtaining citizenship is complex and involves submitting an application that must meet the relevant requirements and obtaining all the necessary documents in certified copies, as well as working with the German authorities to clarify any unresolved issues.

Our lawyers are experienced in applying for German citizenship and assist clients worldwide in this endeavour. We accompany you throughout the entire process and ensure that you comply with all formalities properly.

German citizenship can be gained by birth and by marriage according to German Nationality Act (Staatsangehörigkeitsgesetz -StAG).

German citizenship by birth is provided for under § 4 StAG and although it can appear to be straightforward (“A child acquires German citizenship by birth if one parent possesses German citizenship…”), it can be a complicated process for those living outside of Germany. There are many benefits that come from holding German citizenship but it may result in the child needing to choose between German citizenship and the citizenship of their country of birth. The advantages of German citizenship may not be useful to the individual in their particular case, and therefore, they should consult with experts before making significant decisions. Navigating dual citizenship law is rarely straightforward, as those involved need to consider the laws of Germany and the other country involved. Our German citizenship lawyers will answer all questions on this matter.

German citizenship for spouses is provided for under § 9 StAG. Under this provision, spouses or registered civil partners of German citizens are eligible for German citizenship after three years of legal residence in Germany. To apply for this form of German citizenship by residence, the spouse must have been married or in a registered partnership for at least two years at the time of application. It should be noted that requirements from here are similar to German citizenship by residency.

Obtaining German citizenship through the naturalisation procedure is an enticing option for many who have made Germany their home. The German citizenship means, among other things, that you will have easier access to social benefits and can take full advantage of the German education and health systems, as well as those of EU citizenship. In addition, you are entitled to vote in all German elections. Our lawyers will be happy to look after your application for naturalisation.

German citizenship by residency is available under § 10 StAG, which outlines the following conditions:

A person can apply if they:

• Have an unlimited right of residence in Germany,
• Have been lawfully and habitually resident in the country for eight years,
  Can earn a living for himself and his family without recourse to social assistance or unemployment benefit,
• Have sufficient knowledge of German: for adults, language level B1 is required; for those under 16 years of age, language development appropriate to their age,
• Have not been convicted of any criminal offence,
• Renounce or lose their previous citizenship (this condition can vary based on the applicant’s current citizenship and other factors),
• They are committed to the German Constitution and do not support any anti-constitutional efforts or credibly distance themselves from previous support,
• Have passed the naturalization test on the German legal and social order.

Once the applicant has these factors in their favour and is looking to get German citizenship by residency, they must apply for it by correctly filling out the necessary paperwork. Please contact our lawyers directly if you experience any difficulties or require further advice, assistance or support in this application.

At Schlun & Elseven Rechtsanwälte, our lawyers support clients in cases concerning those whose ancestors’ citizenship was removed based on political, racial or religious grounds between the years 1933 and 1945 (§ 116 German Constitution):

§ 116 (1) Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person who possesses German citizenship or who has been admitted to the territory of the German Reich within the boundaries of 31 December 1937 as a refugee or expellee of German ethnic origin or as the spouse or descendant of such person.

During the years of rule of the National Socialist German Workers’ Party (Nazi Party), countless individuals lost their rights to German citizenship. Modern-day German law provides avenues for the victims of these crimes to regain the German citizenship that their ancestors lost.

Developments in the area of German citizenship for descendants of the victims has lead to an increase in the number of groups who can apply for citizenship. They include the following people:

• children born in wedlock prior to 1 April 1953 to German mothers (whose citizenship had been revoked) and non-German fathers,
• children born out of wedlock before 1 July 1993 to German fathers (whose citizenship had been revoked) and non-German mothers, provided the paternity of those children was recognized or determined under German law prior to their reaching the age of 23,
• children whose German parent had acquired foreign citizenship and lost their German citizenship amid National Socialist persecution, including children whose mothers emigrated as a result of persecution and lost their citizenship prior to 1 April 1953 by marrying a foreign man.

Furthermore, the hurdles normally needed for gaining citizenship are no longer in place to benefit. In other words, those applying do not need to prove that they have the financial means to support themselves. As well as this they only need to show basic German language abilities and knowledge of the German legal system and social order.

By working with our legal team, they will carefully examine your family’s history and your documentation, and then advise you whether you can make the application.

German dual citizenship has undergone significant changes with recent legislative reforms, making it more accessible for citizens of non-EU countries. Previously, individuals from third countries were generally required to relinquish their original citizenship or obtain a Retention Permit (Beibehaltungsgenehmigung) to maintain dual nationality. Now, Germany allows dual citizenship without such requirements, provided the other country’s laws permit it. This development reflects a more inclusive approach, enabling individuals to integrate into German society without severing ties to their country of origin. However, the rules remain complex, particularly when other countries impose restrictions on dual citizenship or require renunciation of citizenship upon acquiring another.

Our team of experienced German citizenship lawyers is here to guide clients through the intricate process of obtaining dual citizenship in Germany. We assess each case thoroughly, ensuring compliance with German and international legal requirements, and provide tailored advice on the potential challenges. For those facing difficulties with citizenship laws in their home country, we offer practical solutions, including strategies for mitigating conflicts with renunciation or retention requirements. Whether you’re applying for German citizenship by residency, descent, or other pathways, our lawyers provide comprehensive support to make the process as seamless as possible.

Under § 17 StAG, German citizens can also lose their citizenship.

Such a loss can arise in situations where the German citizen has gained the citizenship of another country without applying for the Retention permit (“Beibehaltungsgenehmigung”), where they have joined the armed forces of another country or by adoption by a foreign citizen. In disputed cases concerning the loss of citizenship, it is advisable to contact experts on German citizenship law. Our German citizenship lawyers are here to help.

The German authorities decide on Retention Permit applications by weighing up the public and private interests (§ 25 (2) p. 3 StAG) of the application. This decision is at the discretion of the German Federal Administrative Office. If public or private interests can justify gaining the Retention Permit and no overriding concerns stand in the way of it, the permit will likely be granted. At Schlun & Elseven Rechtsanwälte, our lawyers can guide you through this process, and ensure that you are aware of what the authorities consider to be important.

German law also allows German citizens to renounce their citizenship. Such a step may be required in cases where another state does not allow for dual citizenship when a person applies for their citizenship.

To renounce your German citizenship you need to hold dual or multiple citizenships. Germany does not allow for voluntary renunciation of citizenship if it would leave the person without a recognised nationality. Renunciation of German citizenship is provided for under § 26 (1) StAG (Nationality Act), and it states:

(1) A German may renounce his or her citizenship if he or she possesses multiple citizenships. Such a renunciation must be declared in writing.

Applicants seeking to renounce their citizenship need to present their documents and file an application through the German Embassy or the responsible Consulate General. It is only following their assessment and approval that German citizenship can then be renounced, as shown by § 26 (3) StAG:

(3) The loss of citizenship takes effect upon delivery of the certificate of renunciation issued by the approving authority.

By working with our citizenship law experts, you can be assured that you will receive responsible and competent advice in all matters relating to retaining or renouncing German citizenship.

There are many benefits to be gained from getting German citizenship. German citizenship opens Germany and the wider European Union to its holder.

German citizens have the right to European Union Freedom of Movement, which means their citizens have easier access to other EU countries for work, study, retirement and other purposes. Moreover, German citizenship greatly benefits entrepreneurs and investors looking to benefit from the lucrative European market.

Another benefit of German citizenship is that it provides easier access to over 180 countries worldwide with either visa-free or visa-on-arrival access. Holding a German passport is enormously beneficial for those who must regularly move across borders.

Our team of German citizenship lawyers also advise on matters relating to retirement in Germany and how to plan for such an event. German citizenship ensures ease of retirement in Germany and elsewhere in the European Union, whether in France, Spain, Italy or elsewhere.