Changes to naturalization: dual citizenship coming in 2024
Changes to naturalization: dual citizenship coming in 2024
Nationality is an elementary part of life. Everyone has one, some even have two or more. It determines which country we belong to, what rights we have, where we are at home. But the reality of life is often more complex: many people move away permanently from the country of which they are a citizen, whether for humanitarian, economic, professional or family reasons. For them, having two citizenships can be useful.
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Shahroch Taleqani
People who have dual citizenship therefore hold passports from two countries. Until last year, dual citizenship was generally not permitted in Germany. Anyone who wanted to be naturalized usually had to give up their old citizenship first. However, this will change at the end of June 2024. The changes are based on a draft law passed by the federal government and now also the Bundestag. According to the draft, multiple nationality will be permitted in future. This means that anyone wishing to be naturalized in Germany will no longer have to give up their previous citizenship in order to obtain a German passport.
What exactly is to change with regard to dual citizenship, when the changes will come into force and who can benefit from them, we explain in this article.
Basis of dual citizenship
To understand the changes, it is helpful to first understand the old legal situation. Before 27 June 2024, one of the requirements for naturalization under Section 10 (1) No. 4 StAG (old version) was that the applicant had to give up or lose their previous nationality. Section 12 StAG stipulated that this requirement would be waived if the previous citizenship could not be renounced or could only be renounced under particularly difficult conditions. We have listed the countries for which this is the case in our main article on naturalization. Citizens of member states of the European Union and Switzerland, as well as recognized refugees and people who have been granted asylum in Germany, do not have to give up their previous citizenship. However, most applicants for naturalization are not subject to any of the above-mentioned exceptions. This means that they first have to give up their previous citizenship in order to obtain German citizenship.
However, the Federal Government wanted to change this. In the law mentioned above, the requirement to renounce previous citizenship has been completely removed from Section 10 StAG. The German Bundestag has already approved the draft in this form. This has far-reaching consequences: In future, no one will have to give up their former citizenship for a successful naturalization application. Instead, dual citizenship would become the new standard for naturalization .
The new law enabling dual citizenship came into force on June 27, 2024. From this date, people who wish to be naturalized no longer have to choose a nationality. Dual citizenship is generally possible in Germany.
Advantages of dual citizenship
It is obvious that holders of dual citizenship enjoy many advantages over people who only have one passport: they receive the preferential treatment that citizens receive in many areas, not just in one country, but in two. This means that they can take part in elections in both countries and also stand for election themselves. They also often enjoy special rights, in Germany for example the basic German rights to which only citizens are entitled.
Furthermore, dual citizenship offers increased flexibility in choosing where to live. As a citizen of a country, you are entitled to move freely within the country at any time and settle wherever you wish. Citizens can enter the country at any time without having to apply for a visa or similar. For German citizens, these freedoms even extend to the entire territory of the European Union and to Iceland, Liechtenstein, Norway and Switzerland.
Last but not least, dual nationality also offers advantages in terms of inheritance law. Art. 22 of the European Succession Regulation grants persons with more than one nationality the option of choosing which of the states' inheritance laws should apply in the event of their death.
Dual citizenship through naturalization
The changes adopted by the federal government and the Bundestag will undoubtedly have the greatest impact on naturalizations. Many people who have lived in Germany for a long time are interested in naturalization, but do not want to have to give up their previous citizenship. For them, this obstacle will be removed in future by the deletion of Section 10 (1) No. 4 StAG and the admission of multiple nationalities. Naturalization will therefore become much more attractive.
The requirements will also become easier to understand: by removing the requirement to give up the old nationality, the associated exceptions for certain countries will also become irrelevant. This will make the application requirements much clearer and easier to understand. In addition, the draft law would mean that in future there would no longer be a distinction between EU citizens, refugees and other people. Quite simply, the same right would then apply to everyone who wants to apply for naturalization, regardless of their previous nationality. No one will have to give up their old nationality in order to be naturalized.
Dual citizenship by birth
Even beyond naturalizations, allowing dual citizenship would make many things easier. In particular, the legal situation would change for children who are born with two nationalities - German and foreign - because of their parents.
According to the so-called Ius soli regulation, children of foreign nationals acquire German citizenship in accordance with § 4 Para. 3 StAG if one of their parents has been legally resident in Germany for at least eight years at the time of their birth and is in possession of a permanent right of residence. As many countries stipulate in their respective nationality laws that children of nationals of their country automatically receive the nationality of their parents at birth (the so-called ius sanguinis principle), it often happens that children born in Germany to foreigners have two nationalities from birth. As German law generally rejects multiple nationality, there is an option obligation under Section 29 (1) StAG. This states that children who hold a German passport in addition to a foreign citizenship on the basis of Section 4 (3) StAG, but who have not grown up in Germany, must decide after the age of 21 whether they wish to retain German citizenship or that of their parents. The new law removes this option in future. Children born in Germany to foreigners who meet the conditions of Section 4 (3) StAG can therefore retain their dual citizenship even if they do not grow up in Germany.
Advantages also for Germans
However, dual citizenship is not only an advantage for people who want to be naturalized in Germany and for children in possession of two passports. Germans who want to settle abroad permanently will also benefit from the new regulation. Until now, they have automatically lost their German passport if they apply for another foreign citizenship, unless they submit an application to retain it, which is granted. With the general admission of dual citizenship, this obstacle will no longer apply. If a foreign state grants its citizenship to a German, the latter will in future be able to hold both citizenships and will not have to surrender their German passport.
Outlook for 2024
The new Citizenship Act will enter into force on June 27, 2024, three months after its promulgation in the Federal Law Gazette. In summary, it can be said that the general authorization of dual citizenship contained therein is of outstanding importance for citizenship law. Firstly, the application procedure for naturalization will become simpler and easier to understand due to the elimination of complicated exemption rules. In addition, the admission of dual citizenship makes naturalization in Germany significantly more attractive. After all, no one will have to give up their old citizenship.
In addition to enabling dual citizenship, the new citizenship law will also reduce the minimum period of residence in Germany that must be fulfilled for naturalization from eight to five years (a detailed explanation of these and all important changes in citizenship law can be found here). All these changes obviously bring many advantages. However, it must also be expected that more applications for naturalization will be submitted as a result of these advantages. It can therefore be assumed that the increased rush will initially lead to significantly longer waiting times. Our experienced lawyers will be happy to help you if the authorities are taking too long to process your application. We will ensure that your procedure runs as smoothly and quickly as possible. Simply contact us if you have any questions.
Questions and answers - FAQ on dual citizenship:
With which nationality is dual nationality not possible in Germany?
However, if you wish to obtain dual citizenship, this must also be in accordance with the nationality law of your country of origin be possible. Some countries stipulate that your citizenship is automatically lost if you are naturalized in another country.
These countries are:
- Ethiopia
- Belize
- Bhutan
- China
- Ivory Coast (Cote d' Ivoire)
- Guinea
- Guinea-Bissau
- Honduras, if Honduran citizenship was acquired through naturalization
- India
- Indonesia
- Japan
- Cameroon
- Kazakhstan
- Comoros, if the person concerned has reached the age of 21.
- Congo, Democratic Republic (COD)
- Cuba
- Libya
- Madagascar
- Mauritania
- Micronesia
- Monaco
- Myanmar
- Namibia
- Nepal
- Papua New Guinea, if the person concerned has reached the age of 18
- São Tomé and Príncipe
- Senegal
- Zimbabwe, if the person concerned has reached the age of 21 (is of legal age)
- Sri Lanka
- South Africa, if the person concerned has reached the age of 18
- South Korea (Republic of Korea)
- Suriname
- Tanzania, if the person concerned has reached the age of 18
- Tonga
- Trinidad and Tobago
- Uganda
How long will it take for a decision to be made on my naturalization application?
It usually takes up to 12 months for a decision to be made on an application for naturalization. The new Naturalization Act has also been in force since 27 June 2024. It is therefore to be expected that the number of naturalization applications will increase significantly. As a result, processing times are also likely to increase 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. Our lawyers will be happy to advise you on this.
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 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, receiving state benefits is not harmful. 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.
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 27, 2024, when the the new Citizenship Act comes into force, there will be nothing to stop it.
Can I keep my citizenship if I have already submitted an application or have already been granted naturalization?
The modernized Citizenship Act (StAG) came into force on 27 June 2024. Since this date, the new legal situation has applied, according to which renunciation of current citizenship is no longer required for naturalization in Germany. In principle, the new legal situation applies to you if you are issued a naturalization certificate after 27 June 2024.
Before the naturalization certificate is issued, you will first receive an assurance of naturalization, which is usually valid for 2 years. Before 27 June, when the assurance of naturalization was issued, you were asked to submit proof that you had renounced your current citizenship so that the naturalization certificate could then be issued. You had time to do this as long as the assurance of naturalization was valid.
If you have received an assurance of naturalization before 27 June 2024, you should ask for a date to be set after this date to receive your naturalization certificate without renouncing your current citizenship. Our lawyers will be happy to advise you on this.
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 27 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 27. 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 27, 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 June 27, you will be able to benefit from the new law after this date and 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.
I have already applied for naturalization. Can I still get dual citizenship?
The question of dual citizenship depends on the legal situation at the time you receive your naturalization certificate. If you meet all the requirements, you will initially only receive an assurance of naturalization from the authorities, in which you will be asked to renounce your previous citizenship.
This assurance of naturalization is usually valid for two years. As the new law comes into force on June 27, 2024, you can then be naturalized without having to give up your previous citizenship.
When and for whom is dual citizenship permitted under the new law?
According to the new Citizenship Act, since June 27, 2024, anyone who wants to be naturalized in Germany can now retain their previous citizenship under German law.
However, the country of origin must also allow dual citizenship. In some countries, such as 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 can be found here.
Tip: Before starting the naturalization process, always check whether the previous citizenship may be retained under foreign law. You can inquire about this at foreign missions, for example. German lawyers are generally unable to provide information on foreign legal issues.
What will be the minimum period of residence for naturalization in the future?
Since the new law on citizenship came into force on June 27, 2024, the minimum period of residence in Germany is now only five years. It can be shortened to up to three years in cases of particularly good integration.
When does a child of parents with foreign citizenship automatically receive German citizenship at birth?
Since June 27, 2024, when the new Citizenship Act came into force, children born in Germany to foreign parents automatically receive German citizenship if one parent has been living legally in Germany for more than five years and has an unlimited right of residence. For children born before June 27, 2024, this period is still eight years according to the old legal situation.
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 before June 27, 2024, you generally lost your German citizenship if you naturalized in another country. This could only be prevented by obtaining a retention permit. Since the new Citizenship Act came into force on June 27, 2024, this is no longer the case. Germany now generally allows multiple nationalities. You can find more information on this on the website of the Federal Office of Administration.
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 27, 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.
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.
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 came into force on June 27, 2024, three months after it was promulgated in the Federal Law Gazette. Since this date, everyone has had the option of dual citizenship under German law.
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?
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.
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.
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 has been open to all foreigners, regardless of their country of origin, since June 27, 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.