Dual Citizenship Germany – USA

Having the centre of your life – whether for private or professional reasons – in a country other than where you were born has become the norm. In such a situation, holding two citizenships can be useful to avoid losing ties to your home country.

The German passport, which, according to the Henley Passport Index, is one of the most sought-after passports in the world, has considerable advantages regarding work, study, or retirement. However, for individuals with ties to Germany and the United States, deciding whether to pursue dual citizenship involves complex legal issues.

The German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal advice in this context. Our lawyers will inform you about all legal and practical aspects of obtaining dual German American citizenship. We will take care of the entire application process for you to ensure that the application procedure is completed as quickly as possible. We will clarify all outstanding issues with the relevant authorities so that you can concentrate fully on your core tasks. Of course, we are also available to answer any other questions about German citizenship law. To keep you up to date with the latest changes in the law, we also keep you informed about current developments in German citizenship law.

Acquisition of German Citizenship

There are several ways of acquiring a German passport: by birth, declaration, adoption as a child, issuing the necessary certificate for ethnic German repatriates or by naturalisation, see Section 3 StAG. Various options are open to those interested – depending on the starting situation. For example, US citizens living in Germany can acquire German citizenship through long-term residence in Germany.

 Section 10 StAG enables naturalisation under German law. The requirements for naturalisation by residence include the following elements:

• Applicants must have been legally resident in Germany for five years,
• can support themselves and their family without claiming social welfare or unemployment benefits,
• have no criminal record,
• have sufficient knowledge of the German language (B1 level). The language test can be waived if you are exempt due to age, illness, or disability,
• are committed to the free democratic basic order of the Federal Republic of Germany and expressly distance themselves from anti-Semitic, racist, and other inhuman acts.

Spouses and life partners of German citizens can also apply for the naturalisation procedure, see Section 9 StAG, if they have been living in Germany for at least three years with a valid residence permit and their marriage is considered valid under German law.

Applicants are free to apply for German citizenship as part of the citizenship by residence procedure. This procedure usually involves submitting an application to the German Federal Office for Migration and Refugees (BAMF), submitting all the necessary documents, and attending an interview. However, the procedure can take several months or longer. It is advisable to ensure that all requirements are met before submitting your application to avoid unnecessary delays or possible rejections. Should you encounter any difficulties in connection with the naturalisation procedure, please do not hesitate to contact us.

The acquisition of German citizenship by descent plays a significant role in legal practice. Although the number of US citizens who can claim German citizenship by descent is not precisely known, it is estimated to be in the millions. Although not all persons of German descent are eligible for German citizenship by descent, it is clear that a considerable number are.

In principle, you are entitled to German citizenship if you have a parent who has German citizenship or were born in Germany and your parents have been legally resident in Germany for 5 years, among other things.

In some cases, however, special regulations require either simplified or stricter rules for acquiring German citizenship. Please do not hesitate to contact us directly to clarify whether you are entitled to German citizenship.

Documents and other Requirements

The procedure for applying for German citizenship is characterised by its enormous legal complexity and high level of effort. The documents required may vary depending on the case, but generally include:

• passport,
• identity card,
• documents confirming parentage, such as birth certificates, marriage certificates or certificates of descent,
• certificate of good conduct from the country of residence,
• proof of absence of criminal convictions, i.e. it must be proven that there are no convictions that have led to a custodial or juvenile sentence of two or more years or to preventive detention.

Legal assistance proves to be extremely useful when completing these documents – especially when obtaining birth and marriage certificates in Germany. By working with our team, you can benefit from our many years of experience acquiring and notarising the necessary forms and documents.

The documents are accepted in the original or as a notarized copy. The papers should be in German or, in certain cases, in English. If the papers are written in another language, they must be translated and stamped by an official translator.

Acquisition of US Citizenship

US citizenship is primarily acquired in two ways – birth/descent or residence. Birth in the US means that the person is born in one of the fifty states, Guam, Puerto Rico, or the US Virgin Islands. This citizenship is independent of the citizenship of the person’s parents.

German citizens currently residing in the USA have the option of acquiring US citizenship through residency. Obtaining US citizenship through residency involves several steps. The applicant must

• be 18 years of age or older at the time of application,
• have been a legal permanent resident for three years (this may vary depending on the residence category),
• be able to read, write and speak basic English,
• be a resident of the United States,
• have some knowledge and understanding of U.S. history and governmental structures, and
• have a willingness to take the US oath of allegiance.

For those who have served in the US military, other requirements apply for acquiring US citizenship. The US generally allows dual citizenship. However, you must use your US passport as a dual citizen when travelling to the USA.

Dual German American Citizenship

Dual citizenship is a complicated legal matter, as the relevant legal systems must always be considered. In practice, it can be much more challenging to apply the principle of dual citizenship, even though children of German and US citizens receive both citizenships at birth in the USA and Germany. In the past, you had to choose one of the two citizenships. However, this is no longer the case. The child can keep both citizenships for life. In this case, dual citizenship – and thus possession of both an American and a German passport – is possible and unlimited in time.

In Germany – similar to the USA – there is a form of citizenship known as “ius soli”, which means that a person born on German soil receives German citizenship. In the future, the general permissibility of multiple nationalities will mean that all children born ius soli will receive and permanently retain German citizenship and the citizenship of their parents without any reservations. At the same time, the acquisition of ius soli will be made easier by significantly reducing the required period of residence in Germany for the relevant parent from eight to five years, see draft bill 20/9044.

Until now, naturalised Germans, in this case, US citizens who have become German through their residence in Germany, had to give up their US citizenship under certain circumstances to obtain German citizenship and thus acquire a German passport, Section 10 (1) No. 4 StAG (old version). With the 2024 reform of the German Citizenship Act, these requirements will no longer apply, and multiple citizenships will generally be permitted under German law.

In the reverse case, i.e. if a German living in the USA wishes to acquire US citizenship, the USA does not require the applicant to renounce their previous citizenship. Under previous German law, acquiring a new citizenship under Section 25 StAG resulted in losing German citizenship. However, this provision has now been cancelled without replacement. This eliminates the need to apply for a retention permit, which could legitimise multiple citizenship as an exception under the old law.

Considerations for Dual Citizenship

Although dual citizenship comes with many benefits, some aspects must be considered before applying. If you hold both German and US citizenship, you may only enter the US with your US passport. Thus, entering the USA with your German passport may be considered a violation of US law. When travelling to Germany, you should use your German passport, not your US one. Otherwise, you may also encounter legal difficulties.

In Germany, you do not have access to the full consular services of the US consulate and vice versa. In Germany, you are considered a German citizen, in the US, you are considered a US citizen. Dual citizenship also means that the individual will likely be required to file tax returns in both countries, even if they are not living in either country at the time. This obligation applies to US taxes regardless of whether you owe taxes in the US that year.

Dual citizenship also cannot be used as an excuse to avoid military service if you are required to serve in either country. Limited military activity of this type does not mean the person is giving up their dual citizenship. Dual citizenship may also cause difficulties in employment in some government positions.

The Advantages of a German Passport

If you have a German passport, you have many advantages. The Henley Passport Index recognises the German passport as the third most powerful passport in the world, as it allows visa-free access to 189 countries. German citizenship allows its holder to live, work, study and retire anywhere in the European Union.

Regarding working and studying, Germany is recognised as the strongest economy in Europe and one of the world’s leading exporters. There are many employment opportunities for those who come to Germany for professional or economic reasons. Highly qualified, experienced professionals who are native English speakers have many senior management and executive positions open to them.

There are many first-class universities for students in Germany. Compared to universities in the USA, higher education costs are significantly lower, and many courses are offered in English.

As a German citizen, you can also utilise the services of the German embassies or consulates. Germany maintains diplomatic relations with 193 countries and has 153 embassies and other consulates. If you get into difficulties during your stay abroad, it is reassuring to know that the services offered here can help you.

Schlun & Elseven: Your Legal Advice relating to German Citizenship

The acquisition of dual citizenship is associated with many advantages and careful preliminary considerations. Numerous exceptions and the dynamic development of German and US citizenship law make it difficult to keep track of the requirements. Schlun & Elseven Rechtsanwälte offers reliable legal support in this context. Our German citizenship lawyers offer you legal advice tailored to your specific case. We look forward to working with you.