Anyone seeking dual citizenship is confronted with highly complex regulations under the current legal situation in Germany. As a rule, gaining citizenship in another country (especially “third countries”) can lead to losing your German citizenship under Section 25 of the German Nationality Act (StAG). German citizenship can currently only be retained with a prior Retention Permit (“Beibehaltungsgenehmigung”). This will be changed again with the upcoming amendment to the German Nationality Act – the authorisation to retain nationality will be dropped without replacement. Until then, the rule of single nationality will apply except for EU member states and Switzerland. The application procedure for obtaining dual citizenship is complex and requires a comprehensive legal examination. Given the forthcoming legislative changes in Germany, the question arises as to whether an application procedure should still be initiated at this point or whether an ongoing procedure should be suspended.
Our German citizenship lawyers will support you in deciding whether to initiate the application procedure for the retention of dual citizenship and the retention permit at this point. If this is your wish, we will take care of the application for you and explain the legal requirements and the next steps. The German law firm Schlun & Elseven Rechtsanwälte has in-depth expertise in German nationality and citizenship law and extensive experience in dealing with the Federal Office of Administration, which is responsible for the Retention Permit, to provide you with skilled advice on your questions – especially those relating to the consequences of dual nationality.
Requirements for the German Retention Permit
The authorisation to retain German citizenship is a document per Section 25 para. 2 StAG. If this is issued before a foreign nationality is acquired (e.g. through naturalisation), it protects against the loss of German citizenship. The German Federal Office of Administration is responsible for issuing a retention permit.
When deciding on an application for a Retention Permit, the public and private interests involved in the application are weighed up (according to Section 25 (2) sentence 3 StAG). This is a discretionary decision by the German Federal Office of Administration. If public or private interests can justify retaining German citizenship and there are no overriding interests to the contrary, the authorisation is granted.
The public interest in avoiding multiple nationalities has been generally used as the basis for this decision – however, with the introduction of the new Nationality Act this should no longer be a valid argument in the majority of cases, as German law will no longer prevent people from having multiple nationalities. Once the new Nationality Act comes into force, the Retention Permit will no longer exist, and Section 25 StAG will be abolished without replacement.
On the other hand, the private interest in dual or multiple nationality is considered. The applicant must credibly explain the reasons for acquiring the new nationality. The justification must make it clear in a convincing manner why the desired acquisition brings advantages in the specific case or leads to avoiding or eliminating significant disadvantages. There is no exhaustive catalogue of possible reasons.
Finally, it is assumed that the other state allows dual or multiple nationality in the first place. Otherwise, a Retention Permit cannot be granted in principle. If necessary, a state that does not generally permit dual nationality may provide for exceptions. Therefore, a careful examination of the specific case must be carried out.
What Needs to Be Considered for the Retention Permit to be Valid?
The applicant must have received the Retention Permit before acquiring foreign citizenship. This means that the document must have already been issued or delivered to the applicant or an authorised person. However, it is not sufficient if the document has only been issued or if it has only been notified that it will be handed over shortly.
In addition, the validity period of the Retention Permit must not have expired when the foreign nationality is acquired. The authorisation is limited to a maximum of two years from the issue date and loses its validity upon expiry. If your naturalisation procedure is delayed, you should apply for a new retention permit (a “follow-up certificate”) if necessary. This application is usually made in good time if submitted approximately six months before expiration.
If you have not yet received the Retention Permit before acquiring foreign citizenship or if it is no longer valid at the time of acquisition, you will lose your German citizenship. You should, therefore, only apply for naturalisation if the conditions for validity are met.
Once the new German Nationality Act comes into force, you will no longer need to apply for a new permit once your Retention Permit has expired, as this will no longer be required. At present, however, a new permit is still needed. If you now wish to take on another nationality, you must still apply for a Retention Permit so as not to lose your German nationality.
Applying for a Retention Permit
The application for a Retention Permit must always be submitted before acquiring foreign citizenship. The application can be made informally. However, the Federal Office of Administration in Germany provides forms that simplify this process. These are available on the German Federal Office of Administration website. A distinction is made between application forms for persons aged 16 and over, for persons under 16 and applications for a certificate of affiliation. The application form should be completed correctly and in full in German.
Finally, the application must be submitted to the competent authority in the original and as a single copy. The documents required for the application are
- proof of German citizenship (e.g. identity card),
- proof of a residence permit for the country of residence,
- proof of existing ties to Germany,
- reasons for acquiring the desired citizenship.
Once the application has been forwarded to the Federal Office of Administration, it will be examined and decided whether to grant the retention permit. A processing time of approximately fourteen months from receipt by the Federal Office of Administration must be expected. The processing time depends on many factors and cannot be precisely determined in advance. In cases of particular urgency, a shortening of the processing time may be considered.
What are the Fees?
The application for a retention permit is a fee-based procedure. The fee for the Retention Permit for adult applicants is 255 euros. For a Retention Permit for a minor child, i.e. up to the age of 18, the fee is 51 euros. If a refusal notice has been issued to an adult, the fee is 191 euros. There is also a fee for the application for a certificate of affiliation, which may be lower.
The fee is charged when the decision on the application is made. If approved, the certificate of retention will be handed over to you or sent to you against proof of payment of the fee.
New German Nationality Act – Loss of German Citizenship
Even under the new German Nationality Act, there are constellations in which German citizenship is lost. However, these are not associated with multiple nationality. According to the new Section 17 StAG, German citizenship is lost in the event of renunciation, by joining the armed forces or a comparable armed organisation of a foreign state, by concrete participation in combat operations of a terrorist organisation abroad or by withdrawal of an unlawful administrative act.
The amendments concern not only the possibility of multiple nationalities but also the cancellation of the Retention Permit. The law amendments also aim to make naturalisation easier and more attractive in Germany. In several places, the need to commit to the free democratic basic order and to distance oneself from racist ideas has also been added. Furthermore, the periods for naturalisation have been considerably shortened. To keep up to date with the new German Nationality Act and related developments in German citizenship law, you are welcome to subscribe to our newsletter.
Practice Group: German Citizenship Law
Practice Group:
German Citizenship Law
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