Dual citizenship 2024 - Canada and Germany
Dual citizenship 2024 - Canada and Germany
Just under three million Canadians have German ancestors - according to the 2021 Canadian census. In the provinces of Saskatchewan, Manitoba and Alberta, the proportion of people of German descent is even well over 20 percent in some cases. With this in mind, it is not surprising that Germany is one of the most popular destinations for expats from Canada.
Nevertheless, very few Canadians living in Germany also apply for German citizenship. On the entire American continent - North and South - there were only 7,000 naturalizations in 2022. While there are many benefits to obtaining German citizenship, German citizenship law requires naturalization applicants to renounce their old citizenship in order to obtain German citizenship. However, many Canadians understandably want to keep their Canadian passport.
In January 2024, however, the German Bundestag passed a law that allows people from Canada to keep their previous passport when naturalizing. This will enable them to obtain dual German-Canadian citizenship. We explain when these changes come into force, what exactly the new law says and how Canadians in Germany can benefit from it with the help of our lawyers.
Advantages of German-Canadian dual citizenship
Acquiring German citizenship brings with it many advantages. Among other things, citizenship allows you to obtain a German passport, which is generally regarded as one of the "strongest" passports in the world, and thus to enjoy freedom of travel and unrestricted access to the labor market throughout Europe. In addition, only German citizens can vote in elections in this country. Last but not least, the German constitution also contains some basic rights that only citizens are entitled to, the so-called German basic rights. In short: naturalization makes you officially German and you can therefore enjoy the same rights and freedoms and the same protection as all other Germans.
German-Canadian dual citizenship allows you to receive all these benefits without having to give up the privileges granted by your Canadian citizenship. In other words, you enjoy the benefits just mentioned - freedom to travel, the right to vote, state protection, access to the labor market - in two countries. Dual citizenship is therefore perfectly suited to meet the demands of an increasingly globalized world.
Naturalization requirements for Canadians
Canadian citizens must fulfill a number of requirements if they wish to obtain German citizenship and thus dual citizenship. First of all, you must be in possession of a permanent residence permit such as a settlement permit or a temporary residence permit for long-term residence. You can find out which residence permits allow naturalization here. In addition, your identity must be established, i.e. you must be able to present a valid passport or similar document. And you must be able to prove that you are able to support yourself and your immediate family independently. To do this, the naturalization authority will make a prognosis as to whether you will be dependent on state aid in the future.
Furthermore, Canadians seeking naturalization must have German language skills at level B1 or higher and knowledge of the German legal and social system. This can usually be proven by passing a naturalization test . Once the new citizenship law comes into force on June 26, 2024, you must generally have lived in Germany for five years without significant interruptions and you can retain your Canadian citizenship.
Dual citizenship and duration of residence - The new law
On 19 January 2024, the German Bundestag passed the Act on the Modernization of Citizenship Law. It contains a number of far-reaching changes that particularly affect the requirements for naturalization. These changes will come into force three months after the law is officially promulgated, i.e. on 26.06.2024.
The first important point is that the new Naturalization Act lifts the previous ban on multiple nationality. There were already numerous exceptions to this ban, but none of them applied to people from Canada. In other words, they have always had to give up their Canadian citizenship in order to be naturalized in Germany. In future, this requirement will no longer apply. The path to German-Canadian dual citizenship will then be clear.
This is not only an advantage for Canadians in Germany. Germans who wish to naturalize in Canada will no longer have to go through a complicated procedure to retain their German citizenship.
The second key change brought about by the new Naturalization Act concerns the length of residence required for naturalization. Previously, the legal situation was that you had to live in Germany for eight years before you could be naturalized. The new law reduces this minimum period of residence from eight to five years. In addition, it will still be possible to shorten this period by up to two more years in the future, for example by providing proof of special integration achievements in work, training, school or voluntary work or through German language skills at C1 level. This means that in future it will be possible to become a naturalized citizen after just three years of residence at best.
However, the new law also introduces stricter rules in a few places. For example, in future there will be stricter checks to ensure that naturalization applicants can actually support themselves and their families independently. In addition, naturalization will in future also require applicants to acknowledge Germany's historical responsibility for the unjust rule of the National Socialists.
If you would like to find out more about the new Naturalization Act, you can find our detailed overview of all the upcoming changes here.
Application by Canadian citizens
If you meet all the requirements for obtaining German citizenship (if in doubt, we recommend our naturalization check), you can apply for naturalization. Your local naturalization authority is responsible for this. If you do not currently reside in Germany, you can alternatively apply directly from Canada. The best way to do this is to contact the German Consulate General in Toronto, which will then forward your application to the Federal Office of Administration.
How lawyers can help you
Anyone who has ever had to deal with the German authorities knows that the process is rarely simple and often requires a huge number of documents and forms. This is particularly true when it comes to naturalization. In addition, naturalization applicants already have to wait many months, sometimes up to a whole year, for their application to be processed. When the above-mentioned legal changes come into force, it can be assumed that a large number of new naturalization applications will be submitted - after all, many people want to benefit from the newly created option of dual citizenship. However, this means that it is quite possible that processing times will be extended by another year.
So that you do not have to wait unnecessarily long for a decision as important as that on your citizenship, we recommend that you instruct our experienced lawyers. We will check your application for completeness and ensure that it has the best possible chance of success. We also take care of all communication with the authorities and ensure that your application is processed quickly. This way, you can enjoy the benefits of your new German-Canadian dual citizenship as quickly as possible.
Frequently Asked Questions on dual citizenship (FAQ):
Can I be naturalized in Germany if I want to keep my previous citizenship?
The Bundestag has passed the law to modernize citizenship law. When it comes into force on 26 June 2024, naturalization will be possible even if you want to keep your old citizenship. However, the law of the country of origin must also allow dual citizenship.
Can I apply for naturalization now if I want the provisions of the new law (dual citizenship, shorter period of residence, etc.) to apply to me?
The new law on citizenship comes into force on 26 June 2024, but the processing time for an application for naturalization is usually around 12 months. The decisive factor for your application is the legal situation at the time when the authorities make a decision. It is very likely that this will not be until after June 26. This means that you can, in principle, submit an application for naturalization now, which will then be decided according to the new legal situation. If a decision is made on your application before June 26, 2024, you will first be asked to provide proof that you have been released from your existing citizenship. If you do not do this by 26.06.2024, you can benefit from the new law after this date and can retain your citizenship.
However, this varies from authority to authority and also depends on how long you have been in Germany. Our lawyers will be happy to advise you on your personal situation.
Do you still have to take a naturalization test under the new Citizenship Act?
YesThe new law does not change the rules for the naturalization test. However, as before, you do not have to take the test if you are at least a German school-leaving qualification (qualificationRealschule, Abitur etc.)a completed vocational training with a grade in the subject of social studies or a degree in the fields of law and social sciences, social sciences or politics naor politics.
Is it possible to have more than two citizenships?
Strictly speaking, the forthcoming law on citizenship will not allow dual citizenship, but will lift the general ban on multiple citizenship. If this ban is lifted, it will also be possible under German law to have more than two nationalities. Multiple citizenship will then be possible without further ado.
Can I keep my citizenship if I have already submitted an application or have already been granted naturalization?
The modernized StAG will come into force on 26.06.2024. From this date, the new legal situation will apply and it will no longer be necessary to renounce your current citizenship in order to naturalize in Germany. In principle, the new legal situation will apply to you if you receive your naturalization certificate after 26.06.2024.
Before the naturalization certificate is issued, you will first receive a naturalization assurance, which is usually valid for 2 years. When the assurance of naturalization is issued, you will be asked to submit proof of renunciation of your current citizenship due to the law currently valid until 26.06.2024, so that the naturalization certificate can then be issued. You have time to do this as long as the assurance of naturalization is valid.
If your assurance of naturalization is valid beyond 26.06.2024, or if you receive the assurance of naturalization shortly before 26.06.2024, you should wait until 26.06.2024 without renouncing your current citizenship and then ask for a date to be set for the naturalization certificate to be issued. Our lawyers will be happy to advise you on this.
If the assurance of naturalization expires before 26.06.2024, we advise you to contact the competent authority. Our lawyers will be happy to advise you.
When will the new Naturalization Act come into force?
The new Naturalization Act (Act on the Modernization of Citizenship Law) comes into force on June 26, 2024 in force, three months after its promulgation in the Federal Law Gazette. From then on dual citizenship in principle under German law possible for all, and will in particular the minimum period of residence to five years to five years. You can read more about the details of the new law here.
When does a child of parents with foreign citizenship automatically receive German citizenship at birth?
From June 26, 2024when the new Citizenship Act comes into force, receive ichildren born in Germany of foreign parents automatically receive German citizenship if one parent has has lived legally in Germany for more than five years lived and has an unlimited right of residence. Until then, this duration is in accordance with the old legal situation is still eight years.
As a German citizen, do I still have to apply for a retention permit if I want to take on a foreign nationality?
According to the legal situation up to and including 26.06.2024 you lose in principle German citizenship if you naturalize in another naturalize in another country. From the entry into force of the new law on citizenship on June 26, 2024 this will no longer be the case. Germany will then allow multiple nationality generally permitted. Until then, however, the current legal situation will remain, according to which you generally require a retention permit. You can find more information on this on the website of the Federaladministration office.
How long will it take for a decision to be made on my naturalization application?
Even now, it usually takes up to 12 monthsuntil a decision is made on an application for naturalization. When the new law comes into force on 26 June 2024, the number of naturalization applications is expected to increase significantly will increase significantly. This will probably also increase the processing times by several months. If the authorities do not make a decision on your application for too long, it may be advisable to file an action for failure to act action for failure to act. Our lawyers will be happy to advise you on this.
From when is dual citizenship possible?
The Act on the Modernization of Citizenship Law was passed by the Bundestag at the end of January 2024 and has also passed the Bundesrat. It will enter into force on June 26, 2024, three months after it was promulgated in the Federal Law Gazette.
In the course of naturalization in Germany, the old citizenship was given up. Is it now possible to get it back in addition to the German citizenship?
In principle, yes. Since German law is to permit multiple nationality in the future, there is nothing to prevent this from the German side. However, the decisive factor is the law of the state whose citizenship one wishes to regain.
Is naturalization possible without giving up the previous citizenship in any case?
Yes, at least as far as German citizenship law is concerned. In principle, dual citizenship will be open to all foreigners, regardless of their country of origin, once the new citizenship law comes into force on June 26, 2024. However, there may be laws in the country of origin that stipulate the loss of citizenship in the event that a citizen is granted citizenship of another country. Such laws exist in countries such as China, Austria, Lithuania, Estonia and the Netherlands. In any case, we advise you to obtain information in the country of your previous citizenship.
What will be the minimum period of residence for naturalization in the future?
From entry into force of the new law on nationality on June 26, 2024, the minimum period of residence in Germany only five years. With particularly good integration it can be extended to up to three years be shortened.
Can I get my foreign citizenship back if I have already given it up due to naturalization in Germany?
Whether you can get back your old citizenship, which you gave up for naturalization, depends on on the Rright of your originstaates from. According to German law, from June 26, 2024, when the the new Citizenship Act comes into force, nothing speaks against it.
When and for whom is dual citizenship permitted under the new law?
According to the new law on nationality can in future anyonewho wishes to be naturalized in Germany, according to German law his previous citizenship under German law. It enters into force on June 26, 2024 comes into force.
However, the country of origin must also allow dual citizenship. be permitted. In ein somen countriesn such as for example Austria, China, India, Uganda and South Korea citizenship is automatically lost if you naturalize in another country.
A detailed list of all countries with which dual citizenship is not possible is possible, you can find here.
Tip: Before starting the naturalization process, always check whether your previous citizenship may be retained under foreign law. You can do this for example at diplomatic missions abroad for example. German lawyers are generally unable to provide information on foreign legal issues.
Can I check if I meet all the requirements for naturalization?
If you want to check whether your naturalization application would be successful, you can do our naturalization check. However, this check only gives you a first overview. If you still have detailed questions or are unsure, then it is best to contact our lawyers.
What are the requirements to become a naturalized citizen?
We have explained this in detail in our article on naturalization.
Alternatively, you can complete our Naturalization Check.
I have already applied for naturalization. Can I still get dual citizenship?
The question of dual citizenship depends on the legal situation legal situation at the time you receive your naturalization certificate. If you meet all the requirements, the authorities will initially only issue you with a assurance of naturalizationin which you are asked to renounce your previous citizenship.
This assurance of naturalization is usually valid for two years. You can therefore wait until the new law on June 26, 2024 comes into force and then apply for naturalizationwithout having to give up their previous citizenship. It is also possible to apply to the relevant naturalization authority for the suspension of the procedure naturalization authority.
