In Germany, dual citizenship may only be applied for by those who meet the requirements of the Nationality Act. So-called multiple nationality is permitted in this country, but is not intended as a rule. We explain what needs to be taken into account when applying for dual citizenship in 2022.
Who is allowed to have dual citizenship?
The legal basis for dual citizenship is laid down in the Nationality Act (StAG). Many factors play a role in this issue, so it is often not possible to make general statements. Basically, there are three different constellations that can lead to a dual passport:
- German and foreign parent
- Foreign parent, child born in Germany
- Naturalisation of a foreigner in Germany
However, these are no guarantee that dual citizenship can be granted. In the following we will give an overview of the three ways.
Incidentally, there is no precise data on how many people hold German and another citizenship, i.e., have a so-called dual passport. A study by the Friedrich Ebert Foundation from 2017 assumes about 2.9 million dual nationals, with 10.1 million potentially having a right to it but not exercising it.
Dual citizenship by German and foreign parent
In Germany, among other things, the so-called principle of descent applies. This means that anyone born to a German parent automatically has German citizenship. This also applies if the child is born abroad. If, for example, the mother is German and the father is not, the joint offspring has German citizenship as well as that of the father, i.e., is a dual national.
However, according to § 4 StAG, there is now an exception for children born abroad with a German parent: if the German parent was born after 31 December 1999 and was himself already born abroad and also lives there, the children are no longer automatically granted German citizenship. The parents must file an application for certification of the birth in the German birth register office within one year of the birth in order to achieve this.
Multiple nationality due to birthplace in Germany with foreign parents
In addition to the principle of descent, the principle of place of birth has also applied since 2000. Under certain conditions, children born in Germany to foreign parents can be granted dual nationality: At least one parent must have lived in Germany for eight years and have an unlimited residence permit.
However, there is a so-called option obligation, so that the child must choose one of the two citizenships at the age of 21. However, there are some exceptions in Section 29 StAG and children can retain multiple nationality permanently under one of the following conditions:
- The second nationality is that of another EU country or Switzerland.
- The child has lived in Germany for eight years before his or her 21st birthday.
- He/she has attended school in Germany for six years before his/her 21st birthday.
- He/she has a school-leaving certificate or vocational training which he/she acquired in Germany.
Dual citizenship through naturalisation in Germany
In principle, Section 10 of the German Citizenship Act (StAG) stipulates that the previous citizenship is relinquished upon naturalisation. However, some exceptions also apply here and dual citizenship is possible for naturalised people from these groups:
- EU citizens and Swiss citizens
- Persons entitled to asylum
- Recognised refugees
- Ethnic German immigrants
- Citizens of states that do not permit renunciation of citizenship (e.g. Iran, Cuba, Morocco)
In turn, there are certain requirements for naturalisation in Germany. For example, people usually have to have lived in Germany for at least eight years and pass a naturalisation test.
Dual passport through naturalisation: This is how it works
The point of contact for naturalisation is the immigration authority responsible for the respective place of residence. The documents required may vary depending on the authority, but the following are often necessary:
- Application for naturalisation
- Identity card
- Copy of residence permit
- Proof of employment
- Proof of accommodation (tenancy agreement)
- Birth certificate
- Proof of sufficient German language skills (level B1)
Naturalisation costs 255 euros per person, even for minors. However, if they are naturalised together with their parents, there is only a small fee for the underage children.