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Dual Citizenship

Rules and conditions under which individuals can hold German citizenship alongside another nationality.

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Comprehensive Guide to Dual Citizenship in Germany

Dual citizenship in Germany is a complex topic governed by the German Nationality Act (Staatsangehörigkeitsgesetz, StAG). While Germany generally discourages dual citizenship, there are specific circumstances under which it is allowed. Below is a detailed guide covering the regulations, procedures, costs, and country-specific considerations.

1. Overview of Dual Citizenship in Germany

Germany’s approach to dual citizenship is restrictive but allows exceptions in certain cases. The general principle is that individuals must choose one nationality (the "avoidance of multiple nationality" principle). However, exceptions exist for:

  • EU and Swiss citizens: Citizens of EU member states and Switzerland can hold dual citizenship without renouncing their original nationality.
  • Children born in Germany to foreign parents: Under the "option model" (Optionspflicht), children born in Germany to foreign parents may hold dual citizenship if certain conditions are met.
  • Naturalization exceptions: In some cases, individuals applying for German citizenship may retain their original nationality if renouncing it is not possible or would cause significant hardship.
  • Special cases: Refugees, asylum seekers, and individuals from countries that do not allow renunciation of citizenship may also qualify for dual citizenship.

2. Key Regulations for Dual Citizenship

a. By Birth

  • Children born in Germany to at least one parent who has lived legally in Germany for at least 8 years and holds a permanent residence permit automatically acquire German citizenship.
  • These children may also acquire the citizenship of their parents, resulting in dual citizenship.
  • If the child holds dual citizenship, they are not required to choose one nationality upon reaching adulthood (as of 2014 reforms) if they have lived in Germany for at least 8 years, attended school in Germany for 6 years, or graduated from a German school or vocational training program.

b. By Descent

  • German citizenship can be passed down from German parents to their children, even if the child is born abroad. However, if the child is born outside Germany and the German parent was also born abroad after December 31, 1999, the child must be registered with German authorities before their first birthday to retain German citizenship.

c. By Naturalization

  • Dual citizenship is generally not allowed for naturalized citizens unless:
    • Renouncing the original citizenship is impossible (e.g., the country of origin does not allow renunciation).
    • Renunciation would cause significant hardship (e.g., high fees or loss of property rights).
    • The applicant is an EU or Swiss citizen.

d. For EU and Swiss Citizens

  • Citizens of EU member states and Switzerland are allowed to retain their original citizenship when acquiring German citizenship.

e. Refugees and Stateless Persons

  • Refugees and stateless persons may be allowed to retain their original nationality when naturalized in Germany.

3. Procedures for Dual Citizenship

a. For Children Born in Germany

  1. Birth Registration: Parents must register the child’s birth with the local registry office (Standesamt) within one week of birth.
  2. Proof of Residency: Parents must provide proof of their legal residence in Germany for at least 8 years and a permanent residence permit.

b. For Naturalization

  1. Eligibility Check: Ensure you meet the requirements for naturalization, including residency (usually 8 years), language proficiency (B1 level), and financial independence.
  2. Application Submission: Submit the application for naturalization (Einbürgerungsantrag) to the local immigration office (Ausländerbehörde).
  3. Retention Permit (Beibehaltungsgenehmigung): If you wish to retain your original citizenship, apply for a retention permit. This requires a detailed explanation of why retaining your original nationality is in your interest.
  4. Decision: The authorities will decide whether dual citizenship is permissible in your case.

c. For EU and Swiss Citizens

  • The process is the same as for naturalization, but no retention permit is required.

4. Costs of Dual Citizenship

The costs associated with dual citizenship in Germany vary depending on the specific case:

  • Naturalization Fee: €255 per adult; €51 for children under 16.
  • Retention Permit Fee: €255.
  • Document Translation and Legalization: Costs vary depending on the number and type of documents required.
  • Language Test (if applicable): Around €130 for the German language test (Goethe-Zertifikat B1 or equivalent).
  • Integration Course (if applicable): Around €1,000, though subsidies may be available.

5. Country-Specific Considerations

a. Countries That Do Not Allow Dual Citizenship

  • Some countries, such as China, India, and Japan, do not permit their citizens to hold dual citizenship. In such cases, individuals may be required to renounce their original citizenship to acquire German citizenship.

b. Countries That Automatically Revoke Citizenship

  • Some countries, like South Korea, may automatically revoke citizenship if their citizens acquire another nationality. It is essential to check the laws of your country of origin.

c. Special Agreements

  • Germany has bilateral agreements with certain countries that may simplify the process of retaining dual citizenship. For example, EU member states and Switzerland benefit from more lenient rules.

6. Rights and Responsibilities of Dual Citizens

Dual citizens in Germany enjoy the same rights and responsibilities as other German citizens, including:

  • The right to vote in German elections.
  • Access to German social security and healthcare systems.
  • Obligation to pay taxes in Germany (and potentially in the other country, depending on tax treaties).
  • Military service obligations (if applicable in either country).

However, dual citizens must also comply with the laws of their other country of citizenship, which may include tax obligations, military service, or other legal requirements.

7. Practical Tips for Applicants

  • Consult Legal Experts: Dual citizenship laws are complex and vary by country. Consult a lawyer or immigration expert to understand your specific situation.
  • Prepare Documentation: Gather all required documents, including birth certificates, proof of residency, and language certificates, well in advance.
  • Check Deadlines: Ensure you meet all deadlines, especially for registering children born abroad or applying for retention permits.
  • Stay Informed: Laws and regulations regarding dual citizenship can change. Stay updated on the latest developments.

8. Recent Developments

As of October 2023, the German government has proposed reforms to make dual citizenship more accessible, particularly for immigrants. These reforms aim to:

  • Reduce the residency requirement for naturalization from 8 years to 5 years (or 3 years in exceptional cases).
  • Allow more immigrants to retain their original citizenship when naturalizing.

These reforms are still under discussion, so it is essential to monitor updates from the German Federal Ministry of the Interior.

9. Useful Resources

  • Federal Office for Migration and Refugees (BAMF): www.bamf.de
  • German Federal Foreign Office: www.auswaertiges-amt.de
  • Local Immigration Office (Ausländerbehörde): Contact your local office for specific guidance.

By understanding the regulations, procedures, and costs associated with dual citizenship in Germany, you can navigate the process more effectively. Always seek professional advice for your specific case to ensure compliance with both German and international laws.