Note: Due to the amendment to the Nationality Act, dual nationality is now possible
Nationality refers to the assignment of an individual citizen with all rights and obligations to a specific state. Who its nationals are and whether and under what conditions this nationality can be lost or acquired is regulated by each individual state itself in accordance with the general principles of international law and within its borders. In Germany, nationality is dealt with in the Nationality Act (Staatsangehörigkeitsgesetz - StAG).
If a foreigner is seeking German citizenship, an application for naturalisation must be submitted. The legal basis for acquiring and losing German citizenship can be found in the German Citizenship Act (StAG). In view of the lack of standardised regulations in the individual countries, a person may have one, two or more citizenships, or even none.
In order to be naturalised in Germany, you actually have to give up your old citizenship
In Germany, on the other hand, it is important to know that the former nationality is generally lost with naturalisation or must be given up voluntarily, because the German state wants to avoid multiple nationalities during naturalisation (§ 10 I No. 4 StAG), as the aim of naturalisation should be for the naturalisation applicant to identify solely with the German state. Furthermore, there is no general entitlement to dual citizenship (also known as multiple citizenship)
Dual nationality as an exception
Nevertheless, there are exceptional cases in which the German state accepts dual citizenship. In these exceptional cases, the foreign national can apply for naturalisation with dual citizenship in Germany despite certain exceptional situations on the part of their own state. These exceptions are regulated in § 12 StAG:
The foreign state refuses to release the employee or does not provide for any release at all
According to Section 12 para. 1 sentence 2 nos. 1 and 2 StAG, the multiple nationality of the naturalisation applicant is accepted, for example, if the law of the foreign state does not provide for the renunciation of its nationality or the foreign state regularly refuses the renunciation. This is the case in certain Asian or African countries (e.g. Afghanistan, Syria, Morocco, Algeria, Angola, Lebanon, Iran, ...). Here, the state does not even provide for the possibility of releasing citizens from their nationality. There can be many reasons for not releasing a citizen. In some countries, there is no legal provision for a national to leave the country and therefore naturalisation is regularly refused. There may also be a de facto impossibility. This is the case if the foreign state has never, or almost never, declared a release. This also includes cases in which the law of the foreign state links denaturalisation to a certain age limit, but it must also be de facto impossible to leave the foreign nationality after reaching this presupposed age limit.
Refusal to accept the application for denaturalisation
According to § 12 Paragraph 1 Sentence 2 No. 3 StAG, the foreign state's failure to accept the application can also justify the acceptance of multiple nationality. The refusal of the foreign state to hand over the required forms despite several serious and sustained efforts on the part of the naturalisation applicant can also lead to the naturalisation applicant being allowed to retain their previous nationality upon naturalisation in Germany.
Unreasonable length of the decision on the dismissal application
In some cases, a decision on the foreigner's application for release from the foreign state even takes more than two years. This duration constitutes an unreasonable period of time and therefore, in individual cases, a reason for assuming dual nationality. An unreasonable condition for dismissal also exists if serious disadvantages (e.g. dangers for the foreign national or his/her relatives) would result for the foreign national. If the application for release from citizenship is refused for reasons for which the foreign national is not responsible, this may also be the case if dual citizenship is accepted. Unreasonable conditions imposed on the foreign national by the foreign state are also frequently exceptions. If the release from the foreign nationality is made dependent on the performance of military service, an unreasonable condition exists if, for example, the applicant is over 40 years old and has not had his/her habitual residence in this foreign state for more than 15 years or was born/grew up in Germany, received the majority of his/her school education at German schools and has reached the age of compulsory military service in Germany.
Dismissal is disproportionately difficult or constitutes particular hardship
As soon as "the dismissal encounters disproportionate difficulties and the refusal of naturalisation would represent a particular hardship", multiple nationality is often acceptable for older persons who have reached the age of 60. The decisive factor here is what efforts the older person can reasonably be expected to make. For example, entry, which is required by the foreign state in the case of naturalisation, cannot be demanded if the older person is unable to enter the country for health reasons. To a large extent, the refusal of naturalisation must represent a particular hardship for the older person. This is the case, for example, if his or her family members living in Germany are already German citizens. (Section 12 (1) sentence 2 no. 4 StAG)
Significant disadvantages in the event of loss of citizenship
Exceptions should also be accepted by the German state in the event of significant disadvantages, in particular of a pecuniary or economic nature, which are imposed on the foreign national when giving up their foreign citizenship and which go beyond the loss of citizenship rights. For example, if the dismissal is associated with restrictions on inheritance rights in the home country or loss of pension entitlements. However, it is required that the disadvantages are those that arise in temporal and factual connection with the renunciation of the previous citizenship and can be proven (see decision of the Administrative Court of Cologne of 7 December 2005, 190 K 356/05). However, the possibility of an impairment of future employment opportunities alone is not sufficient. Economic disadvantages of less than EUR 10,000 are also generally irrelevant.
(Section 12 (1) sentence 2 no. 5 StAG)
If the foreign national holds a travel document in accordance with Article 28 of the Convention relating to the Status of Refugees of 28 July 1951, dual nationality on the part of the German state is also accepted. (§ 12 Paragraph 1 Sentence 2 No. 6 StAG)
The City of Cologne points out that dual citizenship can be accepted if the previous citizenship cannot be renounced or can only be renounced under particularly difficult conditions (see above). Another reason given by the City of Cologne would be possession of the nationality of an EU member state or Switzerland. In addition, exceptions should also be made for recognition as a foreign refugee or as a person entitled to asylum/asylum. All exceptions are based on individual case decisions and may differ slightly from one another, so it is recommended that the respective possibilities of the naturalisation applicant are examined.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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