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German Citizenship law

The later alternative to dual citizenship / Dual Citizenship Canada – Germany

Finally a Canadian citizen! – But no German passport anymore! What to do? It happens to many people. Only with the acceptance of Canadian citizenship, the German passport is sorely missed. Because in general: With the acceptance of the Canadian citizenship you lose your German citizenship. There are many good reasons for this. Nevertheless, the loss of German citizenship is also accompanied by disadvantages.

For example:

  • If you or your children want or even need to stay in Europe/Germany for a longer period of time (vacation trips, family visits, business trips).
  • If you want to study, train or do an internship in Germany or in another European country.
  • If you have a job offer in one of these countries.
  • If you would like to open a business or establish a company or branch office in Germany or in another EU country.
  • and much more.

One Solution is the Re-naturalization

With German citizenship, in addition to Canadian citizenship, you can do all this without much bureaucratic hurdles. In addition, there is the possibility of re-naturalization. It does not apply to everyone, but to many former German citizens. So let us check if there is a possibility for you!

With us you will receive a complete package for the necessary procedure: Our staff will check the requirements for you, review documents, prepare your papers, discuss all possible contingencies, file the application for you and accompany you through the entire procedure. Due to our decades of experience with the relevant authorities and a corresponding number of successful applications, you can be sure that this topic is in the right hands with us.

If you have lost your German citizenship by accepting Canadian citizenship, one of two options for possible re-naturalization may apply to you. This depends on when you accepted Canadian citizenship:

You became a Canadian citizen before the year 2000:
In principle, re-naturalization requires permanent residence in Germany. However, if you are a resident of Canada, the decision is at the discretion of the German authorities. This means that an examination is made as to whether it would be advantageous for Germany to naturalize you by way of exception despite a residence abroad, i.e. whether there is a “public interest”. However, if you are a resident of Canada, the decision is at the discretion of the German authorities. There is no entitlement to re-naturalization in these cases. In addition to proving “public interest,” you must provide detailed evidence of suitable financial resources, sufficient knowledge of German, and ties to Germany.

You accepted Canadian citizenship after the year 2000:
For native-born Germans who lost their German citizenship after 01.01.2000, a facilitated re-naturalization may be possible without proof of public interest. This applies to all those persons who did not apply for a so-called retention permit before becoming Canadian.

Prerequisites:

In order to benefit from facilitated re-naturalization, the same conditions must be met, among others, as would have been the case if the retention permit had been applied for. This also means that these conditions must have been met at the time of acceptance of Canadian citizenship.
Accordingly, in this process, there is the possibility of multiple citizenship, which means that if re-naturalization is successful, Canadian citizenship can be retained.

Sounds simple, but …

No rule without exception. Of course, there are also various exceptions for the two cases mentioned. Not only for this reason it is recommended to consult a law firm with German lawyers. We check prerequisites for you, sift through documents, prepare papers and discuss possible contingencies with you. In this way, you optimize your chances of receiving a positive decision on your application for re-naturalization and thus for a German passport.

The declaration of acquisition of German citizenship in accordance with Section 5 of the German Citizenship Act (StAG)

Acquiring German citizenship by declaration in accordance with Section 5 StAG is a little-known option for regaining German citizenship or acquiring it for the first time. This regulation is aimed at descendants of former Germans who lost their citizenship due to historical circumstances or never acquired it. This legal basis is explained below in a clear and structured manner.

Background to the acquisition of the declaration

The acquisition of citizenship by declaration under Section 5 StAG was introduced to give people the opportunity to acquire German citizenship who, under certain circumstances, were not passed on by their family. This is primarily about the consequences of historical discrimination against women in nationality law and other unequal treatment.

Until 1975, German citizenship law was strongly based on the principle of patrilineal descent (patrilineality). Children could only inherit German citizenship from their German father, but not from a German mother, unless the parents were married. This meant that many descendants of German mothers were excluded from the possibility of obtaining German citizenship.

Legal basis

§ Section 5 StAG enables certain descendants of former Germans to acquire citizenship by means of a simple declaration. The legal requirements are clearly regulated:

  1. Proof of descent from a former German
    The applicant must be able to prove that they are descended from a person who previously held German citizenship. This can be both male and female ancestors.
  2. Loss of nationality for historical reasons
    The loss must be due to a previous legal regulation or discriminatory practice, e.g:
    – Marriage of a German woman to a foreign man before 1975.
    – Discrimination under birth law for unmarried mothers.
  3. No active renunciation of nationality
    Acquisition is excluded if the ancestors have voluntarily renounced German citizenship (e.g. through naturalization in another country).
  4. No reason for exclusion according to § 11 StAG
    Persons who are deemed unworthy for serious reasons (e.g. political extremists) can be excluded.

Procedure

The declaration is acquired by means of a formalized procedure:

  1. Submission of the declaration:
    The declaration is submitted to the responsible German diplomatic mission abroad (e.g. embassy or consulate) or directly to a German citizenship authority in Germany.
  2. Verification management
    Comprehensive proof of German descent and the reasons for the loss of citizenship must be submitted. This includes:
    – Birth certificates, marriage certificates and other certificates of descent.
    – Historical documents declaring the loss of nationality (e.g. marriage certificates or naturalization documents).
  3. Examination by the authority
    The authority checks the documents for completeness and the legal basis for the acquisition.
  4. Granting of citizenship
    After a positive examination, German citizenship is granted. This is followed by a naturalization certificate, which officially confirms the acquisition.

Practical advantages

The declaration acquisition offers descendants of German ancestors an opportunity to obtain German citizenship easily and without a lengthy naturalization procedure. This has the following advantages:

  1. Legal claim:
    In contrast to normal naturalization, this is a legal entitlement. If the requirements are met, citizenship must be granted.
  2. No obligations such as residence or language skills:
    The acquisition of a declaration does not require proof of language skills, integration efforts or residence in Germany.
  3. Cross-family:
    The option also extends to descendants, which makes it possible for entire families to acquire citizenship.
  4. EU citizen status:
    Acquiring German citizenship automatically brings with it the benefits of EU citizenship, including freedom to travel, freedom of establishment, freedom to study and access to labor markets throughout the European Union.

Challenges

Although the acquisition of declarations is a comparatively simple option, there are some challenges:

  1. Complexity of the evidence:
    Many descendants have difficulties in obtaining historical documents and proof of descent, especially if these have been lost over generations.
  2. Legal knowledge required:
    The interpretation of the historical legal situation can be difficult, which is why the support of experts is essential.
  3. Processing time:
    The examination by the competent authorities can take several months to a year, depending on the complexity of the case.

Conclusion

The acquisition of a declaration in accordance with Section 5 StAG is an attractive opportunity for descendants of former Germans to regain their citizenship or acquire it for the first time. It helps to compensate for historical injustices and build a bridge to their origins for families with German ancestry.

Despite the challenges, the declaration acquisition offers a legally secure and comparatively uncomplicated path to German citizenship. Interested parties should inform themselves at an early stage and seek professional support in order to maximize the chances of a successful application for themselves and any other family members .

The procedure for determining German citizenship

The determination procedure is a legal procedure used to officially confirm a person’s German citizenship. This procedure is often used by people who are not sure whether they have German citizenship or who need to prove it for legal or practical purposes.

What exactly is the assessment procedure?

The determination procedure is an administrative procedure that is carried out upon application. It aims to verify the possession of German citizenship and, if necessary, to confirm this by issuing a citizenship card. This identity card is the legal proof that a person has German citizenship.

The procedure is not an opportunity to acquire German citizenship. It only serves to determine whether it already exists.

Legal basis

The determination procedure is based on the Citizenship Act (StAG), in particular Sections 29 and 30 StAG, and the Citizenship Ordinance (StAngV).

Who needs the determination procedure?

The determinaion procedure is particularly relevant for the following groups of people:

  1. Persons of German descent:
    Descendants of German nationals who wish to clarify whether citizenship has passed to them by descent (ius sanguinis).
  2. Persons with unclear status:
    Persons whose ancestors may have acquired or lost German citizenship through marriage, naturalization or loss regulations.
  3. For official purposes:
    Persons who require proof of citizenship for legal matters, such as applying for a German passport, a visa or inheritance matters.
  4. Persons with a connection to former German territories:
    Descendants of persons born in former German territories (e.g. in former East Prussia or Silesia) whose nationality is unclear due to historical circumstances.

Requirements for the procedure

  1. Proof of parentage:
    The applicant must prove that he or she is descended from a person who had or acquired German citizenship.
    – These include documents such as birth certificates, marriage certificates or citizenship certificates of ancestors.
  2. No voluntary loss of nationality:
    There must be no proof that citizenship was lost through deliberate renunciation (e.g. naturalization in another country without multiple citizenship).
  3. Historical legal situation:
    The check is carried out on the basis of the applicable nationality laws for the relevant periods. This can be complex, as the legal situation has changed several times in the past.

The procedure in detail

  1. Application:
    The application is submitted to the competent citizenship authority in Germany or, for persons abroad, via the German embassy or consulate.
  2. Submission of documents:
    Extensive evidence must be submitted to prove parentage and the legal basis for possession of German citizenship. This includes:
    – Birth certificates and marriage certificates.
    – Documents of ancestors that prove possession of German citizenship (e.g. passports, naturalization certificates).
    – Documents relating to the loss or non-loss of citizenship (e.g. proof of naturalization in other countries).
  3. Examination by the authority:
    The authority checks:
    – The ancestry.
    – The applicability of the historical legal situation (e.g. whether nationality was acquired or lost by birth, marriage or other events).
  4. Decision:
    – Determination of citizenship: If German citizenship is confirmed, a citizenship card will be issued.
    – Rejection: If no German citizenship can be established, a rejection notice will be issued.

Duration of the procedure

Depending on the complexity of the case and the scope of the evidence, the processing time can take several months to over a year. Rapid processing often depends on the completeness of the documents submitted.

Practical significance of the procedure

  1. Legal certainty:
    The citizenship card serves as official and irrefutable proof of German citizenship.
  2. Important prerequisite:
    Proof of citizenship is required for many official procedures, such as the issuing of a German passport.
  3. Preservation of citizenship:
    The citizenship card helps to secure German citizenship for yourself and future generations.

Challenges in the determination procedure

  1. Verification management:
    It can be difficult to obtain all the necessary ancestral documents, especially if archives are missing or destroyed.
  2. Legal complexity:
    Examining the historical legal situation often requires specialist legal knowledge, as legislation has changed over the years.
  3. Time required:
    Processing can be considerably prolonged due to missing documents or queries from the authorities.

Conclusion

The determination procedure is an essential process for people who wish to clarify and legally secure their German citizenship. It provides a reliable basis for asserting your rights and obligations as a German citizen.

Careful preparation and professional legal support can make the process more efficient and increase the chances of a successful determination.

Naturalization pursuant to Article 116 (2) GG and § 15 StAG

Naturalization pursuant to Article 116 (2) of the germen caonstitution (GG) and Section 15 of the Citizenship Act (StAG) offers a special opportunity to obtain German citizenship. This regulation is aimed at people who lost their German citizenship as a result of persecution during the National Socialist regime, as well as their descendants. Here is a comprehensive explanation of this legal basis.

Background to naturalization

Article 116(2) of the Basic Law was introduced after the Second World War to correct the consequences of National Socialist injustice. In particular, Jewish Germans and others persecuted on political, racial or religious grounds were expatriated during the Nazi era, often in connection with their flight or expulsion from Germany. This regulation enables those affected and their descendants to regain German citizenship through simplified naturalization.

Legal basis

Naturalization is based on two central regulations:

  1. Article 116 (2) GG (Basic Law of the Federal Republic of Germany)
    – Persons who lost their German citizenship between 1933 and 1945 for political, racial or religious reasons are deemed never to have been expatriated if they took up residence in Germany after May 8, 1945.
    – Your descendants can regain citizenship by applying for it.
  2. § Section 15 StAG (Nationality Act)
    – This provision supplements Article 116 of the Basic Law and enables the naturalization of descendants of former German citizens who lost their citizenship as a result of National Socialist measures.

Who is entitled?

Eligibility for naturalization is aimed at the following groups of people:

  1. Directly affected
    Persons who lost their German citizenship between 1933 and 1945 as a result of persecution. This mainly concerned:
    – Jewish Germans.
    – members of other persecuted groups (e.g. political opponents, Sinti and Roma).
  2. Descendants
    – children, grandchildren and often other descendants of the persons concerned, regardless of their current place of residence.
    – The entitlement exists regardless of whether the person concerned has submitted an application themselves.
  3. Further requirements
    – There must be no voluntary renunciations or voluntary acquisitions of another nationality that have led to the loss.
    – Persons who are deemed unworthy for serious reasons according to § 11 StAG (e.g. extremists) are excluded from the entitlement.

The procedure

The process of eligibility for naturalization is much simpler than regular naturalization.

  1. Application
    – The application can be submitted to the responsible German embassy or consulate abroad.
    – Alternatively, applications can be submitted directly to the citizenship authorities in Germany.
  2. Required documents
    Proof of persecution and loss of nationality is required to support the application. This includes:
    – Birth and marriage certificates of the ancestors concerned.
    – Documents proving the loss of German citizenship during the Nazi era.
    – Proof of family descent.
  3. Processing by the authority
    – The authority checks whether the legal requirements are met. In particular, it examines
    – Whether citizenship was lost due to Nazi injustice.
    – Whether the applicant is descended from a person concerned.
  4. Decision:
    – If the examination is positive, German citizenship is granted.
    – The applicant receives a naturalization certificate as official proof.

Facilitation of the procedure

The eligibility for naturalization differs from regular naturalization in several respects:

  1. No residence in Germany required
    Applicants can acquire citizenship regardless of where they live.
  2. No language or integration requirements
    There is no need to prove language skills or take naturalization tests.
  3. No fees
    In many cases, fees for naturalization are waived.
  4. Legal claim
    In contrast to regular naturalization, this is an entitlement that cannot be refused if the requirements are met.

Practical advantages of naturalization

Acquiring German citizenship through naturalization has numerous advantages:

  1. Legal status
    German citizenship gives you access to all the rights and obligations of a German citizen.
  2. EU citizenship law
    As a German citizen, you automatically have the rights of an EU citizen, including freedom of movement, freedom of establishment and the right to vote at EU level.
  3. Visa exemption
    German citizens can travel visa-free to over 170 countries, which is particularly advantageous for people working internationally.
  4. Family integration
    The possibility of passing on citizenship to descendants promotes ties to family roots and opens up advantages for future generations.

Challenges

Although the process is comparatively simple, there are some challenges:

  1. Verification management
    Obtaining the necessary documents, especially from archives in Germany or other countries, can be time-consuming.
  2. Legal and historical complexity
    The legal examination requires a deep understanding of the National Socialist laws and their effects on citizenship.
  3. Processing time:
    Depending on the authority, processing can take several months to over a year.

Conclusion

Naturalization pursuant to Article 116 (2) of the Basic Law and Section 15 of the German Citizenship Act is a valuable opportunity for descendants of victims of Nazi persecution to obtain or regain their German citizenship. It not only offers legal reparation for historical injustice, but also access to the numerous benefits of German and European citizenship.

Anyone who meets the requirements should consider this procedure and, if necessary, seek support from experts to speed up and facilitate the process.