Loss of Citizenship
Conditions under which German citizenship may be revoked or lost, such as acquiring another nationality without permission.
Sections
1.1. Voluntary Loss of Citizenship
German citizenship can be lost voluntarily in the following cases:
- Acquisition of a Foreign Citizenship: If a German citizen acquires the citizenship of another country, they automatically lose their German citizenship unless they have obtained prior permission to retain it (Beibehaltungsgenehmigung).
- Renunciation of Citizenship: A German citizen may formally renounce their citizenship if they hold or are guaranteed to acquire another citizenship.
1.2. Involuntary Loss of Citizenship
German citizenship can also be lost involuntarily under specific circumstances:
- Service in a Foreign Military: A German citizen who voluntarily serves in the armed forces of another country without the prior approval of the German government may lose their citizenship.
- Adoption by Foreign Nationals: If a minor German citizen is adopted by foreign nationals and acquires their citizenship, they lose their German citizenship.
- Revocation Due to Fraudulent Naturalization: If German citizenship was obtained through fraud, false information, or concealment of facts, it can be revoked.
- Loss of Citizenship by Birth: A child born abroad to German parents may lose their German citizenship if the parents fail to register the birth with German authorities before the child turns one year old (this applies to children born after January 1, 2000).
1.3. Exceptions
- EU and Swiss Citizens: German citizens who acquire citizenship in another EU country or Switzerland do not automatically lose their German citizenship.
- Beibehaltungsgenehmigung (Retention Permit): German citizens can apply for a retention permit to keep their German citizenship when acquiring another nationality.
2. Costs Involved in the Loss of Citizenship
The costs associated with the loss of German citizenship depend on the specific process involved. Below are the typical fees:
2.1. Renunciation of Citizenship
- The fee for renouncing German citizenship is €51. This fee is payable to the German consulate or embassy handling the application.
2.2. Beibehaltungsgenehmigung (Retention Permit)
- The application fee for a retention permit is €255. This fee is non-refundable, even if the application is denied.
2.3. Administrative Costs
- Additional costs may include notarization fees, translation fees (if documents are not in German), and postage fees for submitting applications.
3. Standard Procedures for Loss of Citizenship
The process for losing German citizenship varies depending on the specific circumstances. Below are the standard procedures for the most common scenarios:
3.1. Acquisition of Foreign Citizenship
- Check Retention Requirements: If you wish to retain German citizenship, apply for a retention permit (Beibehaltungsgenehmigung) before acquiring the foreign citizenship.
- Submit Application: Submit the application for a retention permit to the Federal Office of Administration (Bundesverwaltungsamt, BVA) or the German consulate in your country of residence.
- Decision: If the retention permit is granted, you can acquire the foreign citizenship without losing your German citizenship. If not, acquiring the foreign citizenship will result in the automatic loss of German citizenship.
3.2. Renunciation of Citizenship
- Eligibility: Ensure you hold or are guaranteed to acquire another citizenship, as statelessness is not permitted under German law.
- Submit Application: File an application for renunciation at the German consulate or embassy in your country of residence.
- Provide Documentation: Submit proof of your current or future citizenship, along with other required documents (e.g., passport, birth certificate).
- Pay Fees: Pay the renunciation fee of €51.
- Receive Certificate: Once approved, you will receive a certificate confirming the renunciation of your German citizenship.
3.3. Revocation of Citizenship
- In cases of fraudulent naturalization, the revocation process is initiated by German authorities. The individual will be notified and given an opportunity to respond before the final decision is made.
4. Country-Specific Considerations
4.1. Dual Citizenship
Germany generally does not allow dual citizenship, except in specific cases:
- Citizens of EU countries or Switzerland can hold dual citizenship.
- Children born to one German parent and one foreign parent may hold dual citizenship until the age of 21, at which point they must choose one nationality (Optionspflicht). However, this requirement has been relaxed for EU and Swiss citizens.
4.2. Military Service
German citizens who voluntarily serve in the military of another country may lose their citizenship unless they have prior approval from the German government. This rule does not apply to military service in EU countries or Switzerland.
4.3. Statelessness
German law prohibits the loss of citizenship if it would result in statelessness. Therefore, individuals must prove they hold or will acquire another citizenship before renouncing their German citizenship.
5. Practical Tips and Recommendations
- Plan Ahead: If you are considering acquiring another citizenship, research the requirements for retaining your German citizenship and apply for a retention permit well in advance.
- Consult Legal Experts: For complex cases, such as dual citizenship or military service, consult a legal expert specializing in German nationality law.
- Keep Records: Maintain copies of all correspondence, applications, and certificates related to your citizenship status.
- Stay Informed: German nationality laws are subject to change. Stay updated on any amendments that may affect your citizenship status.
6. Relevant Authorities and Contact Information
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Federal Office of Administration (Bundesverwaltungsamt, BVA): Handles applications for retention permits and other nationality matters.
- Website: www.bva.bund.de
- Phone: +49 228 99 358-0
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German Consulates and Embassies: Handle applications for renunciation of citizenship and provide guidance on nationality matters.
- Find your local consulate: www.auswaertiges-amt.de
7. Conclusion
The loss of German citizenship is a significant legal and personal decision that requires careful consideration and planning. Whether it occurs voluntarily or involuntarily, understanding the legal framework, costs, and procedures is essential. By following the steps outlined in this guide and consulting the relevant authorities, you can navigate the process effectively and ensure compliance with German nationality laws.
If you have further questions or need assistance with a specific case, feel free to ask!