Changes in naturalization: dual citizenship to become possible 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
In order to understand the proposed innovations, it is helpful to know the current legal situation first. Currently, one of the requirements for naturalization under Section 10(1)(4) StAG is that the applicant must give up or lose his or her previous nationality. Section 12 of the StAG stipulates that this requirement is waived if the old nationality cannot be relinquished or can only be relinquished under particularly difficult conditions. For which countries this is the case, we have listed in our main article on naturalization. Citizens of member states of the European Union and Switzerland, as well as recognized refugees and people who are granted asylum in Germany, are also already exempt from giving up their previous citizenship. However, most naturalization applicants do not qualify for any of the exceptions just mentioned. They must therefore first give up their old citizenship in order to obtain German citizenship.
However, the Federal Government would like to change this. In the above-mentioned draft bill, it proposes removing the requirement to renounce previous citizenship from Section 10 of the German Citizenship Act altogether. 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 comes into force on June 26, 2024.
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 proposed by the federal government 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 26, 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:
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.
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, 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.
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.
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 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.
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 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.
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.
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.
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.
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 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 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.
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 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.
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.
