Dual citizenship 2024 - USA and Germany
Dual citizenship 2024 - USA and Germany
Besides the neighboring states Mexico and Canada, Germany consistently ranks as one of the countries most popular with expats from the United States. There are many good reasons to choose living here – be it the stunning landscapes, the many excellent opportunities for education or work, the state-funded health care scheme or just Germany’s convenient location right at the heart of continental Europe. Additionally, considering the high number of military personnel stationed in Germany after World War II, a lot of American families still have significant ties to the country.
Acquiring the German citizenship, however, has always been a rather complicated endeavor. This is due to the long duration of stay required (8 years), but also due to the fact that Germany has long taken a stance against dual citizenship, which meant that expats willing to naturalize had to let go of their original citizenship.
However, this will finally change in the course of this year. The German Bundestag recently passed a law to modernize citizenship law. When it comes into force on June 26, 2024, this law will generally allow dual citizenship. Then, any American who wishes to acquire a German passport will be allowed to keep their US citizenship alongside their German passport.
In the following paragraphs, we will explain the coming changes in detail, set out how Americans living in Germany can benefit from them, and also take a look at some of the other highly relevant amendments Germany’s new citizenship law will bring.
Benefits of German-American dual citizenship
Having the right to cast your vote on election day, being able to move freely across the entire European Union, and holding one of the most “powerful” passports in the world – holding a German citizenship brings many perks and privileges with it. In addition to all that, it also makes you officially German, meaning you will enjoy all the same freedoms, rights and protections as all the other Germans.
Dual citizenship lets you enjoy all these benefits while keeping all the additional rights and protections granted by your US passport. It lets you pick and choose where you want to work and live, it grants you voting rights in both states, and it makes life easy when entering or re-entering into either of the two countries. And finally, it allows you to reflect your identity without being limited to considering only one nation your home.
Naturalization requirements for Americans
To acquire a German-American dual citizenship, Americans need to apply for naturalization in Germany, which requires a list of criteria to be met. First of all, you need to be able to establish your identity by producing either your US passport or a suitable substitute. Additionally, you and your immediate family's livelihood needs to be secured. In order to determine whether this is the case, the German authorities look at factors like your income and the monthly amount of rent and support payments, and also check whether you have relied on social security payments in the past. Furthermore, you will only be eligible for naturalization if you are currently holding a permanent residence permit or a temporary residence permit which is aimed at a long-term stay. For a comprehensive list of the different residence permits allowing for naturalization click here. You will also have to show German language proficiency on level B1 or higher and pass the citizenship test.
Lastly, as it stands now, you need to have had a legal and more or less continuous residence in Germany for eight years. And, according to the current law on citizenship, you will also have to surrender your US citizenship in order to receive the German one. These two last points, however, are going to change when the new law on citizenship takes effect.
Dual Citizenship and more: The new law in detail
The Act on the Modernization of Citizenship Law was passed by the German Bundestag on 19 January 2024 and comes into force on 26 June 2024. It brings with it some far-reaching changes that will have far-reaching effects on people in Germany who wish to naturalize.
Firstly, the new law lifts the general ban on multiple citizenship enshrined in German nationality law. This means that any US citizen can acquire dual German-American citizenship. The general permission to have more than one citizenship will also be a relief for Germans living in the USA with a green card.
Secondly, the Act also sets out to reduce the minimum duration of stay required for a naturalization significantly – from the current eight years down to just five years. In addition to that, the already existing possibility to reduce the minimum stay by up to two more years by successfully completing an integration course, proving a particularly high degree of language proficiency or showing an outstanding performance related to work, education or volunteering remains in place under the new law. Therefore, in some cases, naturalization will be possible after just three years of living in Germany.
There is also one area, however, where the new citizenship Act tightens the requirements for a naturalization: securing one’s livelihood. The new law puts a stronger emphasis on applicants needing to be able to support themselves, and – if applicable – their families. Find out how it achieves this by reading our overview of the entirety of the changes that are going to be introduced.
Applying for naturalization
If you believe that you are eligible for German citizenship (if you want to be sure, do our naturalization check), you can submit your application to your local naturalization authority or, if you are not currently resident in Germany, to the Federal Office of Administration.
If you do not want to give up your current US passport or do not yet meet the minimum period of residence, we advise you to wait until June 2024, when the new law comes into force. This will allow you to benefit from the general dual citizenship option and the other reduced requirements.
How lawyers can help you
Filing applications with German authorities is almost never an easy task. But there are only a few areas where the situation is as bad as it is when applying for a naturalization. The number of documents needed to support the application is high, and waiting times for this incredibly important decision can often be upwards of one year. When the aforementioned changes will be coming into effect, there is going to be an especially high number of new applications, since many people will want to benefit from the reduced requirements and the possibility of dual citizenship. All of this will only aggravate existing issues and the authorities’ backlog. Processing times may well be prolonged by another year. To ensure that your application will have the highest possible chance of success and to prevent undue waiting times, it is advisable to hire experienced immigration lawyers. We will check that your application is complete. We will take on all the communications with the relevant authorities. And we will make sure that your case is handled in a timely manner, so that you can enjoy your two passports as soon as possible.
Frequently Asked Questions on dual citizenship (FAQ):
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
When does the new law on citizenship apply?
The new law on citizenship comes into force on June 26, 2024 into 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.
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.
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.
Can I be naturalized if I receive social assistance?
Anyone wishing to acquire German citizenship must be able to prove that they can support themselves and their dependents. to support themselves and their can support themselves. They must not be receiving benefits under the Second or Twelfth Book of the German Social Code (SGB II or SGB XII). be received. These include, for example, unemployment benefit II, basic income support in old age or in the event of reduced earning capacity and social assistance.
However, according to the new law, there are exceptionsIf you have been in full-time employment for 20 months within the last 24 months within the last 24 months, the receipt of state benefits is harmless. The same applies if your spouse or registered partnerwho lives with you and a child has been in full-time employment for 20 months within the last 24 months. And also for former guest workers and contract workers and their spouses who have joined them are also exempt from receiving state benefits such as social assistance if they are not responsible for this.
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.
