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Dual citizenship
Many people in Germany wish to have several citizenships. As a rule, having a foreign passport in addition to a German passport makes it easier to enter and stay in the respective country. This is especially true for people who frequently travel abroad due to family or professional ties. However, many foreigners living in Germany would also like to obtain German citizenship without having to surrender their previous passport. However, German law handles such dual citizenships quite restrictively. Therefore, it is often not possible to have both citizenships. In the following, you will find out in which exceptions dual citizenship is possible.
The most important things in a nutshell:
- Dual citizenship can bring many advantages for holders, for example in terms of travel and work opportunities.
- Dual citizenship is only permitted under German law in certain constellations
- Different rules apply here, depending on which citizenships you want to hold and whether you can acquire them by birth or by naturalisation
Generally, no dual citizenship in Germany
In Germany, with some exceptions, the principle applies that the child's citizenship is determined by the citizenship of the parents (jus sanguinis). If at least one parent is German, the child acquires German nationality at birth. The principle under German law is that multiple nationalities should be avoided. As a rule, dual citizenship is therefore not possible. However, there are some exceptions:
Dual citizenship upon naturalisation in Germany
In principle, foreigners must give up their other citizenships when naturalising. However, there are exceptions to this rule: Citizens of a member state of the European Union and Switzerland can retain both citizenships.
The prerequisite for this, however, is that the law of the other country permits dual citizenship. There are also some exceptions that apply in principle to nationals of all states. For example, foreigners may retain their original citizenship upon naturalisation if, among other things, their home country prohibits or severely restricts the renunciation of citizenship.
Dual citizenship when acquiring a foreign citizenship
If a German citizen wishes to acquire a foreign citizenship in addition, he or she generally requires a so-called retention permit. However, this does not apply when acquiring the citizenship of an EU member state or Switzerland - here dual citizenship is always possible if the other state permits it.
In order to obtain a retention permit, you must justify why you have a substantial interest in retaining both German citizenship and foreign citizenship. This may be due to special personal or economic circumstances. Here it is important to justify the application well with the particularities of your individual case. It is advisable to consult a lawyer who specialises in foreigners and migration law.
Dual citizenship at birth
Child with one German and one foreign parent
If one parent is a foreign citizen, the child can initially have both citizenships. When the child reaches the age of majority, he or she can retain both citizenships if he or she has lived in Germany for at least eight years, attended a German school for at least six years or acquired a German school-leaving or vocational qualification. Again, children with citizenship of an EU member state or Switzerland can retain both citizenships if the foreign state also allows this.
Child without German parent, but born in Germany
If neither the father nor the mother is German, the child does not acquire German citizenship at birth. However, children born after 2000 can become German citizens if at least one parent has a permanent residence permit and has lived in Germany for at least eight years. Here, too, the child can only retain German citizenship after his or her 18th birthday if he or she has lived in Germany for at least eight years, attended a German school for at least six years or acquired a German school-leaving or vocational qualification.
Procedure for obtaining dual citizenship
If you acquire citizenship by birth, you do not have to do anything else - you then automatically have German citizenship. The foreign citizenship depends on the law of the foreign state. As a rule, you must register the birth of your child at a consulate or embassy in your home country.
If you already have German citizenship but would like to acquire another foreign citizenship as well, you must apply for a retention permit. If you live in Germany, the application is usually to be submitted to the district or city administration. If you live abroad, the German diplomatic mission (embassy, consulate) is responsible for the application.
Please note: You must apply for the retention permit before naturalizing in another country. Only when you hold the permit in your hands can you be naturalized in the other country. Otherwise you lose your German citizenship when you naturalize in the foreign country. In addition, the retention permit is only granted for a limited period of time. As a rule, the validity of the permit expires after two years.
However, you must acquire foreign citizenship while the retention permit is valid so that you can retain German citizenship. It is therefore worth planning your naturalization in a foreign country well in advance.
Short & sweet
According to the legal situation in Germany, the possibility of having multiple citizenships is severely restricted. However, there are also a few exceptions to this fundamental ban on dual citizenship: Citizens of EU member states can have dual citizenship, provided the foreign country also allows it. Those who can have several nationalities by birth usually only have to decide on one citizenship at the age of 18. However, there are also exceptions here, according to which dual citizenship is possible if the child grew up in Germany. Anyone who wants to be naturalized in Germany as a foreigner usually has to give up their passport as well, unless there are special reasons to justify retaining their foreign citizenship. On the other hand, if you are a German and want to obtain foreign citizenship, you must obtain a retention permit in order not to lose your German citizenship.