German Passport Confiscated? What to Do When You Lose German Citizenship

The Passport Act (Passgesetz, PassG) entered into force on January 1, 1988, and governs the passport requirement for all German citizens, as defined in Article 116(1) of the Basic Law (Grundgesetz, GG), who enter or leave the Federal Republic of Germany. Anyone crossing the border must carry a valid passport and present it for identification.

The following validity periods apply: a standard passport is valid for ten years, or six years for persons under 24. Since January 1, 2024, children’s passports are no longer newly issued, though previously issued children’s passports remain valid until their printed expiration date. Temporary passports have a maximum validity of 1 year, and no extensions are permitted for these documents.

As a general rule, no one may hold more than one German passport. An exception applies only when a legitimate interest in the issuance of an additional passport can be demonstrated, for example, due to frequent professional travel to countries that will not accept an entry stamp from certain other countries in the same passport.

Within the European Union and other states of the European Economic Area, entry is also possible with a valid national identity card under the Identity Card Act (Personalausweisgesetz), meaning a passport is not strictly required. This simplification stems from the EU freedom of movement right, which entitles EU citizens to enter and leave other member states with a valid identity card or passport. The passport requirement under the Passport Act, therefore, primarily applies to travel to non-EU and non-EEA countries.

These consequences are not limited to citizenship loss; the Passport Act sets out its own independent grounds for denying, revoking, or confiscating a passport.

Under Section 7 PassG, a passport must be denied if certain facts support the assumption that the applicant:

• Endangers the internal or external security or other significant interests of the Federal Republic of Germany
• Intends to evade criminal prosecution, enforcement of a sentence, or the imposition or enforcement of a measure of reform and prevention involving deprivation of liberty pending against them within the scope of this law
• Intends to violate a provision of the Narcotics Act (Betäubungsmittelgesetz) concerning the import, export, transit, or distribution of narcotics, or
• Seeks to evade tax obligations or other statutory duties by leaving the country

Passport denial, therefore, does not apply only in cases involving criminal conduct, but can also arise in administrative contexts, for example, where indications suggest that someone intends to evade enforcement of outstanding tax claims by leaving the country.

The table below summarizes how the three main measures differ:

If grounds for denial exist and the passport has already been issued, the passport authority can revoke it retroactively. Revocation takes the form of an administrative act. Under Section 14 PassG, an objection or appeal against this decision has no suspensive effect, meaning the revocation remains enforceable even while remedies are pursued against it.

Under Section 11 PassG, a passport becomes invalid if the conditions for its issuance later cease to apply, particularly if German citizenship is lost. Where such a ground for invalidity exists, the authority can confiscate the passport under Section 12 PassG. Confiscation must be confirmed in writing. The authority may refrain from confiscation if the defect justifying it has been remedied or no longer exists.

Among these grounds, the most consequential in practice is not a passport-specific rule at all, but the underlying loss of German citizenship itself.

One particularly common and consequential reason for the confiscation of a German passport is the loss of German citizenship. The grounds for loss are exhaustively listed in the Citizenship Act (Staatsangehörigkeitsgesetz, StAG), primarily in Section 17 StAG. Citizenship is generally intended to last for life and is protected under Article 16(1) of the Basic Law. Nevertheless, narrowly defined exceptions exist.

The most common ground for loss is a deliberate decision to give up German citizenship. Since the reform of German citizenship law in June 2024, the legal mechanism of “release from German nationality” (Entlassung aus dem deutschen Staatsverband) no longer exists. A person holding multiple citizenships can renounce German citizenship under Section 26 StAG. Renunciation requires official approval and takes effect upon issuance of the renunciation certificate. This step typically becomes relevant when the country of naturalization does not permit dual citizenship. Since the reform, Germany itself permits multiple citizenship, though whether the country of naturalization allows a person to retain their previous citizenship depends on that country’s own laws.

A person who, without authorization from the competent German authority, voluntarily joins the armed forces or a comparable armed group of a state whose citizenship they also hold, loses German citizenship by operation of law under Section 28(1) No. 1 StAG. An exception applies where the person is entitled to join the armed forces or armed group in question under an intergovernmental treaty (Section 28(2) StAG). In addition, no loss occurs where service is performed in the armed forces of an EU member state, a NATO member state, an EFTA country, or a country listed under Section 41 of the Residence Ordinance (AufenthV), which includes Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom, and the United States, provided the service began after July 6, 2011.

Since August 2019, German citizenship is lost by anyone who actively participates in combat activities of a terrorist organization abroad, under Section 28(1) No. 2 StAG. This loss does not occur if it would render the person stateless. Article 16(1) of the Basic Law expressly prohibits statelessness caused by state action.

Naturalization obtained through fraudulent deception, coercion, bribery, or intentionally false statements can be revoked under Section 35 StAG, corresponding to a ground for loss under Section 17(1) No. 3 StAG. Here too, protection against statelessness applies: revocation is not permitted if it would render the person stateless.

Loss of citizenship occurs automatically, by operation of law, without any formal decision and regardless of whether the authorities or the affected person are aware of it. In practice, the loss of citizenship often only comes to light when a passport is applied for or renewed, since registration offices routinely ask whether the applicant also holds a foreign passport. If so, the authority may refuse to issue a German passport and confiscate existing documents.

Once citizenship is lost through one of these routes, the effects extend well beyond the passport itself.

Once citizenship is lost, the German passport and national identity card become invalid. Possession of these documents neither legally establishes citizenship nor serves as proof of it. The documents must be surrendered to the responsible passport authority under Sections 11, 12, and 15 of the PassG. Failure to do so allows the authority to confiscate them.

As a foreign national under Section 2(1) of the Residence Act (Aufenthaltsgesetz, AufenthG), the affected person requires a foreign passport and a German residence permit to continue living in Germany. Section 38 AufenthG provides simplified conditions for former German citizens to obtain a residence permit. A person who lived in Germany as a German citizen for at least five years at the time of the loss may, under certain circumstances, also obtain a settlement permit. A visa may also be required for re-entry into Germany.

Anyone who enters or leaves Germany without a valid passport commits a regulatory offense punishable by a fine. In more serious cases, for example, continuing to use a passport despite an obligation to surrender it, or knowingly providing false information to the passport authority, the conduct may also constitute a criminal offense. Anyone who receives a summons from the police or public prosecutor’s office in this context should take it seriously and seek legal advice before any interview. There is no obligation to make statements in criminal proceedings, and speaking without preparation risks self-incrimination.

Given how serious these consequences are, it is worth being clear about what can and cannot be undone.

Loss of German citizenship that has occurred by operation of law cannot be reversed retroactively. Simply giving up the foreign citizenship is not enough to regain German citizenship. However, a person who meets the requirements can file a new naturalization application. Current statutory requirements apply, including lawful residence in Germany, sufficient knowledge of German, and generally renouncing the other citizenship again, unless an exception applies.

One category of past loss deserves special mention, since it affects people who lost citizenship under rules that no longer exist today.

Before the Citizenship Modernization Act (Staatsangehörigkeitsmodernisierungsgesetz, StARModG) took effect on June 27, 2024, Germans who applied for and acquired a foreign citizenship automatically lost their German citizenship, unless they had previously obtained a retention permit (Beibehaltungsgenehmigung). This procedure was abolished with the reform: since June 27, 2024, Germans can acquire another citizenship without needing to apply for permission and without losing their German citizenship.

However, the law does not apply retroactively. Anyone who acquired a foreign citizenship without a retention permit before June 27, 2024, and thereby lost their German citizenship, is not covered by this change. The loss provisions in effect at the time continue to apply to these past cases. Affected individuals can apply for the reacquisition of citizenship under the conditions set out in Section 13 StAG.

Whichever of these situations applies, the practical response is the same: act quickly and get the right advice.

The confiscation of a German passport is a serious matter, whether it results from a loss of citizenship, a statutory ground for denial under passport law, or a summons for a violation of the Passport Act. Anyone facing one of these situations should seek legal advice without delay. Schlun & Elseven supports clients at every stage, from clarifying citizenship status, to pursuing legal remedies against administrative measures, to criminal defense and guidance through the reacquisition process.