Obtaining Dual Citizenship in Canada and Germany

Canada allows its citizens to have multiple citizenships while keeping their Canadian citizenship. It permits dual citizenship in cases where the individual was born in another country; they have a parent(s) who was born in or is a citizen of another country, and in cases where they officially apply for citizenship of another country.

Although Germany has been traditionally reluctant to allow dual and multiple citizenships, the changes to German dual citizenship law in 2024 herald transformative shifts, particularly in embracing multiple citizenships. Unlike the previous requirement to renounce original citizenship upon obtaining a German passport, applicants will soon have the freedom to retain their existing citizenship. This progressive move will simplify the process for individuals from non-European Union countries, such as Canada, to obtain dual citizenship in Germany.

Moreover, reducing the residency requirement from eight to five years (in some exceptional cases, three years) represents a substantial adjustment to expedite the naturalisation process. This change facilitates more convenient access to German citizenship for eligible residents. It addresses the challenges faced by children born and raised in Germany who previously encountered prolonged residency requirements for citizenship eligibility.

Children of German parents born in Canada also acquire German citizenship by birth (descent principle) under the new laws without having to fulfil any further requirements. The same applies to children born in Germany to foreign parents (ius soli) in accordance with the place of birth principle. The reform of nationality law therefore contains enormous developments, particularly with regard to dual nationality.

Furthermore, eliminating the retention permit requirement for German citizens residing abroad marks a significant departure from the previous policy. Previously, German citizens abroad seeking citizenship in their country of residence needed to apply for a retention permit before they could apply if they wanted to keep their German citizenship. This process could significantly slow down the citizenship acquisition process and lead to complications.

Our experienced lawyers can advise you on all matters relating to dual German-Canadian citizenship. If you are a Canadian resident and require assistance in applying for German citizenship or advice on German citizenship by naturalisation, please contact our law firm. Our team of German lawyers will analyse your case and provide you with expert advice on the options available to you.

Obtaining German citizenship offers several avenues, including by birth, declaration, adoption, descent and ancestry, or naturalisation as per § 3 StAG (Staatsangehörigkeitsgesetz – Nationality Act). Depending on individual circumstances, various options are available. For instance, Canadian citizens residing in Germany can pursue citizenship through long-term residency.

Naturalisation under German law, as outlined in § 10 StAG, entails specific requirements. These include:

• Legal residency in Germany for at least five years.
• Financial self-sufficiency for the applicant and their family, without reliance on social welfare or unemployment benefits.
• A clean criminal record.
• Proficiency in the German language at a B1 level, although exemptions exist for age, illness, or disability.
• A commitment to Germany’s democratic principles and a denouncement of discriminatory or inhumane actions.

Additionally, spouses or life partners of German citizens can undergo the naturalisation process under § 9 StAG, provided they have lived in Germany for at least three years with a valid residency permit and a recognised marital status under German law.

Applicants typically submit their citizenship applications to the German Federal Office for Migration and Refugees (BAMF), along with all necessary documentation, followed by an interview. While this process may take several months, thorough preparation and adherence to requirements can help minimize delays or rejections. For those facing challenges during the naturalization procedure, seeking legal assistance is recommended.

German citizenship by descent is also significant, with many Canadian citizens possibly eligible. Eligibility criteria include having a German citizen parent or being born in Germany to parents who have legally resided in the country for the appropriate timeframe, among other conditions. However, special regulations may apply in certain cases, necessitating clarification through direct legal consultation. At Schlun & Elseven Rechtsanwälte, our eligibility checker provides Canadian individuals with assistance in assessing whether they may be eligible for German citizenship by ancestry and descent.

Obtaining Canadian citizenship is a significant milestone for individuals seeking to integrate fully into Canadian society and enjoy the rights and privileges afforded to citizens. One of the primary pathways to Canadian citizenship is through naturalisation, a process accessible to permanent residents who have established roots in Canada. To qualify for naturalisation, applicants must have resided in Canada for at least 3 of the last 5 years as a permanent resident. This residency requirement ensures that individuals have had sufficient time to acclimate to Canadian society, contribute to their communities, and demonstrate their commitment to becoming Canadian citizens.

The citizenship test is central to the Canadian naturalisation process, which assesses applicants’ knowledge of Canada’s history, values, institutions, and symbols. Additionally, applicants must demonstrate proficiency in English or French, Canada’s two official languages. The citizenship test serves as an essential step in evaluating applicants’ understanding of Canadian society and their ability to participate actively in civic life. Preparation for the citizenship test often involves studying Canadian history, government structures, and cultural traditions, ensuring that applicants are well-equipped to integrate into Canadian society.

While marriage to a Canadian citizen does not automatically confer citizenship, it may open doors for individuals seeking to obtain Canadian citizenship through familial ties. Those born in Germany with at least one Canadian parent may be eligible for Canadian citizenship.

Eligible applicants for Canadian citizenship must meet various criteria beyond residency and language proficiency. These include filing taxes if required, proving language skills in English or French, and taking the oath of citizenship, affirming their allegiance to Canada and its democratic values. Additionally, applicants must pay the requisite fees, which are consistent whether applying online or on paper.