Dual Citizenship Law in Germany

The aim of the reform of the German citizenship law is to increase the number of naturalisations. A key point is the significant reduction in the minimum period of residence from 8 years to 5 years under Section 10 (1), para. 3 of the German Nationality Act (StAG). In the future, applicants will have the option to retain their previous nationality and thus maintain their ties to their home country (multiple nationality). Further changes to the German citizenship law concern:

• Extension of the commitment to the German free democratic basic order to include distancing oneself from anti-Semitic, racist, or other inhuman acts, Section 10 StAG,
• preplacement of “integration into German living conditions” with specific grounds for exclusion, Section 8 StAG,
• adaptation of the required language skills.

Section 3 StAG stipulates that German citizenship can be acquired under the following basic conditions:

• by birth or descent,
• declaration,
• adoption as a child,
• issuance of a certificate for descendants of victims of National Socialism (late repatriates) or
• by naturalisation (see Section 10 StAG).

Dual citizenship is an issue, particularly in the context of naturalisation and descent. However, it can also be achieved by declaration, adoption as a child, and issuing a certificate for ethnic German repatriates. In any case, dual citizenship depends on several factors, whereby the legal systems of both countries must always be considered.

The question of dual citizenship arises when acquiring German citizenship by descent. Under German law, the child is generally entitled to German citizenship if at least one parent is a German citizen. This also applies if the child was born abroad (e.g., the child was born in Canada, the mother is German, and the father is Australian). With the reform of the German citizenship law and the general authorisation of multiple citizenship, the requirements for acquiring German citizenship for children born abroad will also change or be abolished. In the future, significantly more children will acquire German citizenship by birth.

For children born in Germany whose parents are not German citizens, the place-of-birth principle has applied since 2000. This means that the child and at least one parent can acquire German citizenship if, at the time of birth, one parent has been legally resident in Germany for eight years (or five years with the reform of the law) and has an unlimited right of residence (Section 4 (3) StAG). This regulation is based on the idea that a child born in Germany and growing up here should find it easier to integrate into German society.

Initially, the ius soli principle was introduced in 2000, according to which children of foreigners automatically received German citizenship at birth, provided that at least one parent had had their habitual residence in Germany for eight years and had a right of residence. These children then had to decide about their nationality until the age of 23, either choose German or another nationality. From 2014, this obligation to choose was weakened so that children who were subject to the ius soli principle but had grown up and gone to school in Germany could retain both nationalities.

With the 2024 reform, all children born ius soli will receive and permanently retain German citizenship, as well as the citizenship of their parents, without any reservations. In addition, acquiring ius soli will be made more accessible by reducing the required parental residence period in Germany from 8 to 5 years.

However, dual citizenship always requires that the home country also allow dual citizenship. Some countries, such as China, India, Malaysia, and Japan, do not allow dual citizenship. In these cases, accepting a new citizenship always entails losing the old one. Therefore, it is advisable to check how your home country regulates dual citizenship before taking the appropriate steps in Germany. The best way to do this is to contact the embassy or consulate of your home country.

Naturalization allows people who have lived in Germany long enough to become German citizens. The following section briefly overviews the requirements for dual citizenship through naturalization. To obtain German citizenship through naturalization, you must, in principle:

• have lived in Germany for a period of five years,
• have a permanent right of residence,
• have sufficient knowledge of German,
• be able to provide for yourself and your dependents,
• not have committed a criminal offense in Germany and not have a criminal record,
• be committed to Germany’s free and democratic order.

Multiple nationalities are generally permitted under German law, but this depends on the regulations your home country has established.

Dual citizenship is relevant not only for nationals of other countries seeking additional German citizenship, but also for German citizens seeking additional foreign citizenship. This applies to Germans living abroad who want to retain their German citizenship while simultaneously acquiring citizenship in their new home country. Given the possibility of multiple citizenship, no specific procedure is required under German law. However, the other state must also allow you to acquire dual citizenship. If this is not the case, the legal means to act against this are limited. Nevertheless, decisions in this context are made based on the circumstances of the individual case, so it is advisable to consult a specialized lawyer to determine all your legal options.

At Schlun & Elseven Rechtsanwälte, we recognize the complexity and significance of the dual citizenship application process in Germany. Our comprehensive approach guides clients through every step, ensuring a smooth, informed journey towards dual citizenship.

• Eligibility Assessment and Document Compilation: Our process commences with a meticulous eligibility check. We delve into your circumstances, including birthright, descent, residency, or other criteria that determine eligibility for dual citizenship in Germany. Our legal experts meticulously assess each standard to ensure a thorough understanding of your situation before proceeding. Furthermore, we assist our clients in the critical phase of gathering essential documents. These documents may include your birth certificate, passport/identification, proof of residency in Germany, and additional documentation, such as marriage or divorce certificates, if applicable. We carefully verify each document’s accuracy and completeness to ensure a seamless application process.
• Application Submission and Guidance: With our guidance, clients complete the appropriate dual citizenship application forms tailored to their circumstances. We provide clear instructions on submission procedures, directing clients to the relevant authorities, be they the local naturalization office (Einbürgerungsbehörde) or the Foreigners’ Registration Office (Ausländerbehörde).
• Interview Preparation and Representation: Schlun & Elseven Rechtsanwälte offers comprehensive support in preparation for potential interviews. We equip our clients with the necessary information, ensuring they are ready for discussions on integration into German society, language proficiency, and intentions regarding citizenship. Additionally, our legal representation ensures that your interests are adeptly represented during these crucial phases.
• Decision Notification and Follow-up: Following the application submission and interview processes, we stand by our clients through the decision phase. We closely monitor the application’s progress and diligently follow up with the authorities once a decision is made, whether approval or denial; we ensure that our clients are promptly notified and offer guidance on the next steps.

Each case is unique, and our approach recognizes the intricacies that might influence the application process. We understand that specific requirements and administrative procedures can vary by region within Germany and by individual circumstances. Hence, our personalized guidance remains tailored to each client’s situation.

Having German citizenship in addition to your existing citizenship has many advantages. It allows you to live, work, study, and travel in Germany and other EU countries. As a German citizen, you can become self-employed, set up a company, or invest in Germany without any restrictions. The German passport will make international travel much easier if your job involves many stays abroad. You can travel to over 170 countries without a visa and use German consular services worldwide. German citizenship also offers considerable advantages for studying. German citizens can receive an excellent academic education at German universities without incurring excessive student fees.