Dual citizenship in Germany: what is permitted and how it works

Germany has allowed dual citizenship since 27 June 2024. Anyone who is naturalised no longer has to give up their previous citizenship. Germans who take on another nationality will no longer lose their German citizenship. The principle of avoiding multiple nationalities, a cornerstone of German citizenship law for decades, has been abandoned.

But the question „Does Germany allow dual citizenship?“ is only half answered with a simple yes. In practice, it all depends on how dual citizenship comes about - and which of these paths suits your specific situation. This article explains the current legal situation according to the reformed Citizenship Act (StAG) and specifically addresses four paths: naturalisation according to § 10 StAG, acquisition by declaration according to § 5 StAG, acquisition by birth in Germany and the special features for US citizens.

Note: This article is intended to provide general legal guidance and does not replace individual legal advice. Citizenship law is an area in which individual circumstances - length of residence, family history, criminal record, residence title - are decisive. Get advice on your situation from a Specialist lawyer for immigration law advise.

The 2024 reform: what has changed

The Act on the Modernisation of Citizenship Law (StARModG, Federal Law Gazette 2024 I No. 104) came into force on 27 June 2024. The changes are far-reaching and do not only affect multiple nationality.

Regulation Until 26 June 2024 From 27.06.2024
Multiple nationality for naturalisation Generally not accepted; renunciation of previous citizenship required (exceptions: EU/EEA, hardship cases) Accepted in principle; no further surrender required
Loss on acceptance of foreign nationality German citizenship was lost (§ 25 StAG old version), unless a retention authorisation was available No more automatic loss; § 25 StAG old version cancelled
Minimum stay for naturalisation (§ 10 StAG) 8 years of legal habitual residence 5 years; 3 years for special integration services
Ius soli: Residence of the parents (§ 4 para. 3 StAG) 8 years of legal residence + permanent right of residence 5 years legal residence + permanent right of residence
Option obligation (§ 29 StAG old version) Children born in Germany to foreign parents had to choose a nationality by the age of 23 Cancelled without replacement; both nationalities remain permanent
Guest worker generation No special facilitations Facilitated naturalisation: waiver of language certificate and livelihood requirement possible

The figures show what had already changed before the reform: According to the 2022 microcensus, there were around 2.74 million people with dual (German and foreign) citizenship living in Germany. The 2022 census comes to a significantly higher figure of around 5.83 million. The most common dual nationalities: Poland, Russian Federation, Turkey, Italy, Romania. More than half of dual nationals were under 35 years old. The trend has been rising for a long time - the 2024 reform will accelerate this trend, especially for people from third countries such as Turkey, who were previously largely denied dual citizenship.

Naturalisation according to § 10 StAG - the standard case

Naturalisation according to § 10 StAG is the most common path to German citizenship for foreigners living permanently in Germany. Since the reform, it is also the most common path to dual citizenship because the previous citizenship no longer has to be renounced.

The requirements in detail:

  • Length of stay: At least five years of legal habitual residence in Germany. Periods with a residence permit, settlement permit or EU Blue Card count. In the case of special integration achievements (language level B2, demonstrable voluntary work), the period can be shortened to three years.
  • Residence permit: At the time of naturalisation, you need a settlement permit, EU permanent residence permit, unlimited residence permit or an unlimited right to freedom of movement.
  • Language skills: Proof of level B1 of the Common European Framework of Reference for Languages (CEFR). The Zertifikat Deutsch, the DTZ (German Test for Immigrants) or an equivalent certificate are accepted.
  • Naturalisation test: 33 questions, at least 17 correct answers. Fee: 25 euros.
  • livelihood: Independent security without recourse to citizen's allowance or social assistance. There are exceptions for people who are not responsible for the need for assistance and - since the reform - for the so-called guest worker generation.
  • Commitment to the free democratic basic order and declaration of loyalty.
  • Impunity: Minor convictions (fines of up to 90 daily rates or suspended prison sentences of up to 3 months) are not taken into account in accordance with § 12a StAG.

A distinction must be made between naturalisation by right (§ 10 StAG) and discretionary naturalisation (§ 8 StAG). With § 10, you have a legal claim: If all requirements are met, the authorities must naturalise you. In the case of § 8, it can, but does not have to. For the vast majority of applicants, § 10 is the correct starting point.

Practice: Duration of proceedings and frequent problems

What is clearly regulated in theory looks different in practice. Even before the reform, processing times at the naturalisation authorities were between 6 and 18 months - depending on the federal state and local authority. Since the reform came into force, the number of applications has risen sharply, which has led to significantly longer waiting times in many cities. In some large cities, applicants report waiting times of over two years.

The most frequent delays are caused by missing or incomplete documents, difficulties in clarifying identity (especially for applicants from countries with unstable civil status registers), outstanding information from the Federal Central Criminal Register or the Office for the Protection of the Constitution, and simply a lack of staff at the authorities.

A point that is often underestimated: If processing takes longer than six months without the authority providing a factual reason, you can request information in writing about the processing status. In certain cases, an action for failure to act can also be considered.

Acquisition by declaration according to § 5 StAG - German citizenship by declaration

Many of those affected are unaware of this route - although it could be relevant for hundreds of thousands, especially in the USA, Israel, Australia and South America.

§ 5 StAG It corrects a historical injustice: for decades, German citizenship law contained regulations that systematically disadvantaged women when it came to passing on citizenship to their children. Until 1974, children of a German mother and a foreign father could not acquire German citizenship by birth if the parents were married. Children of a German father and a foreign mother, on the other hand, received it automatically. Children born out of wedlock to a German father were also excluded until 1993.

§ Section 5 StAG gives these people - and their descendants - the opportunity to acquire German citizenship retrospectively. This is done through a simple declaration, not through a naturalisation procedure. No naturalisation test. No language certificate. No residence in Germany required.

Who is authorised?

The declaration pursuant to Section 5 StAG is open to persons born after 23 May 1949 (entry into force of the Basic Law) who fall into one of the following categories:

  • Case group 1 (Section 5 (1) sentence 1 no. 1 StAG): Child of a German parent who could not acquire German citizenship by birth due to gender-discriminatory regulations. This particularly affects legitimate children of a German mother and a foreign father who were born before 1 January 1975.
  • Case group 2 (Section 5 (1) sentence 1 no. 2 StAG): Child of a German mother who lost her citizenship before the birth of the child through marriage to a foreigner before 1 April 1953 in accordance with the then applicable § 17 No. 6 RuStAG.
  • Case group 3 (Section 5 para. 1 sentence 1 no. 3 StAG): Child who lost German citizenship acquired by birth through legitimation by a foreign father before 1 April 1953.
  • Case group 4 (Section 5 (1) sentence 1 no. 4 StAG): Descendants of a person who falls into one of the case groups 1 to 3 - i.e. children, grandchildren, great-grandchildren in the direct line. Decisive: The ancestor must fulfil the requirements, but does not have to have made the declaration himself. It is sufficient that they would have been authorised.

Deadline: 19 August 2031

The right of declaration is limited to ten years. The declaration must be received by the Federal Office of Administration (BVA) in Cologne by 19 August 2031 at the latest. The date of receipt is decisive, not the date of dispatch. If you live abroad, you can submit the declaration via the relevant German mission abroad (embassy or consulate).

Why Section 5 StAG is relevant for dual citizenship

The acquisition of citizenship according to § 5 StAG generally leads to dual citizenship. The persons concerned typically live abroad - in the USA, in Israel, in Great Britain, in Australia - and have the nationality of their country of residence. Through the declaration, they acquire German citizenship without having to give up the other citizenship (at least from the German side). Whether the other country also accepts dual nationality depends on its law.

In practice, Section 5 StAG primarily affects families who have been living abroad for decades and whose connection to Germany runs through their German mother or grandmother - a connection that the old law ignored. For these families, Section 5 StAG is not an abstract regulation, but the correction of an injustice they have personally experienced.

If you would like to check whether you are eligible for the declaration acquisition according to § 5 StAG, you can submit your Check authorisation here in advance.

Dual citizenship by birth in Germany

In addition to naturalisation and the acquisition of a declaration, there is a third way that automatically leads to dual citizenship: birth in Germany.

Children with one German parent (§ 4 para. 1 StAG)

If at least one parent has German citizenship, the child acquires it by birth - regardless of the place of birth. If the other parent has a foreign nationality and passes it on in accordance with the law of their country, the child has two nationalities from birth. There has never been an obligation to decide for these children in Germany. Between 2000 and 2022, an estimated 1.87 million children were born in Germany with one German and one foreign parent.

Children of two foreign parents - the place of birth principle (Section 4 (3) StAG)

Since 1 January 2000, the place of birth principle (ius soli) has also applied in Germany in addition to the parentage principle. A child of foreign parents acquires German citizenship by birth in Germany if at the time of birth at least one parent

  • has been legally resident in Germany for five years (until June 2024: eight years), and
  • has a permanent right of residence (e.g. settlement permit).

The child then acquires German citizenship in addition to their parents' citizenship. Between 2000 and 2022, around 851,000 children acquired German citizenship in this way - the number fluctuated annually between approx. 29,000 and 41,000.

The reduction in the period of residence for parents from eight to five years as a result of the 2024 reform is particularly significant. It affects many descendants of refugees where the parents themselves may not yet fulfil the naturalisation requirements, but have already lived in Germany long enough for their children born here to automatically become German citizens.

Option obligation abolished

The previous option obligation under Section 29 StAG (old version) obliged ius soli children to choose between German and foreign citizenship by the age of 23. However, this obligation had only been applied to children who had not grown up in Germany since the end of 2014. With the 2024 reform, it has been cancelled without replacement. All ius soli children retain both nationalities permanently - even those whose option procedure had not yet been completed on 27 June 2024.

Naturalisation by restitution: Art. 116 para. 2 GG and § 15 StAG

Descendants of those persecuted by the Nazi regime have an independent right to naturalisation, which arises directly from the Basic Law (Art. 116 para. 2 GG). This applies to persons who were deprived of their German citizenship between 30 January 1933 and 8 May 1945 for political, racial or religious reasons, as well as their descendants. § Since the reform, Section 15 StAG also extends this group to persons who were forced to emigrate by the National Socialists or who were denied naturalisation for discriminatory reasons.

This procedure does not require residence in Germany, language skills or a naturalisation test. The application is made via the Federal Office of Administration (BVA) in Cologne, even from abroad. As the person concerned usually has another nationality, naturalisation automatically results in dual citizenship.

Whether naturalisation by restitution or the acquisition of a declaration in accordance with Section 5 StAG is the right path depends on the specific family history. Both paths can exist in parallel in individual cases. If you believe that one of these paths applies to you, you can check your authorisation here.

Dual citizenship Germany and USA

The combination of Germany and the USA is one of the most frequent cases of dual citizenship - if only because of the large number of people with German roots in the USA and the many US citizens who live and work permanently in Germany.

Both countries allow dual citizenship. On the US side, the Supreme Court in Afroyim v. Rusk (1967) clarified that US citizenship cannot be revoked solely on the basis of the acceptance of another nationality. On the German side, there has been no restriction since the 2024 reform.

In detail:

  • US citizens who naturalise in Germany, retain their American citizenship.
  • Germans who assume US citizenship, have retained the German one since 27 June 2024. Before the reform, a retention licence (BBG) was required.
  • Children with one German and one American parent generally acquire both citizenships from birth. Children born in the USA acquire US citizenship anyway through the place of birth principle that applies there.

Tax: The USA taxes its citizens worldwide, regardless of their place of residence. If you live in Germany and are a US citizen, you still have to file a US tax return every year. The double taxation agreement between Germany and the USA generally prevents actual double taxation, but the FATCA reporting obligations and FBAR reports (FinCEN Form 114) to the IRS apply without restriction.

Passports: You enter each country with the passport of that country. To the USA with your US passport, to Germany with your German passport. This works smoothly in everyday life, but requires that both passports are valid.

Which countries does Germany allow dual citizenship?

Since the 2024 reform: all - without restriction. There is no list of countries, no special regulations according to country of origin. Whether Turkey, India, Brazil, Japan, Nigeria or any other country: anyone who is naturalised retains their previous citizenship.

Before the reform, the so-called retention rate for naturalisations was 54 per cent on average - more than half were therefore able to retain their previous citizenship under the old law, especially EU citizens and refugees from Syria, Afghanistan, Iraq and Iran (retention rate almost 100 per cent). For Turkish, Kosovan and Indian nationals, on the other hand, the rate was less than ten per cent - they had to give up their old citizenship. It is precisely for these groups that the reform will make the biggest difference.

However, the legal situation in the country of origin is also decisive. Germany only guarantees the German side. Some countries - Austria, Japan, China, in some cases India - do not recognise dual citizenship and revoke your own citizenship if you acquire a foreign one. Find out more about this before you apply - either at the embassy of your country of origin or at a counselling on immigration law.

Reasons for exclusion according to § 11 StAG

Not everyone who formally fulfils the requirements is actually naturalised. § Section 11 of the German Citizenship Act states reasons that stand in the way of naturalisation:

Naturalisation is not possible if there are actual indications of anti-constitutional activities (including membership of organisations classified as extremist), in the case of significant criminal convictions, in the case of multiple marriages (§ 11 sentence 1 no. 2 StAG) and in the absence of identity clarification.

Since the 2024 reform, the following also applies: anyone convicted of an anti-Semitic, racist, xenophobic or inhumane offence and this motive has been established in the reasons for the conviction will not be naturalised - regardless of the severity of the sentence.

The naturalisation authority checks these points during the procedure. As standard, information is obtained from the Federal Central Criminal Register, the Office for the Protection of the Constitution and the police. If you have a criminal record or other circumstances that could cause problems, it is worth consulting a lawyer before submitting your application - not just when the rejection notice arrives in your letterbox.

Frequently asked questions about dual citizenship in Germany

Does Germany allow dual citizenship?

Yes, since 27 June 2024 in principle and without country restrictions. The decades-old principle of avoiding multiple nationalities has been abandoned. Legal basis: Act on the Modernisation of Citizenship Law (StARModG, Federal Law Gazette 2024 I No. 104).

What is the declaration acquisition according to § 5 StAG - and am I authorised?

The acquisition of citizenship by declaration enables persons who were unable to acquire German citizenship by birth due to gender-discriminatory regulations in the previous nationality law to obtain it retrospectively by declaration. This primarily affects legitimate children of German mothers born before 1975, illegitimate children of German fathers born before 1993 and the descendants of these persons. No naturalisation test, no proof of language skills, no residence in Germany required. Deadline: 19 August 2031.

Can US citizens have dual citizenship between Germany and the USA?

Yes, the USA does not prohibit its citizens from holding a second citizenship, and Germany no longer requires citizens to renounce their previous citizenship when naturalising in 2024. Please note: US citizens remain liable for tax worldwide and must file an annual US tax return - even if they live permanently in Germany.

Which countries does Germany allow dual citizenship?

All of them. Since 2024, there is no longer a restriction by country of origin. However, whether you actually retain your previous nationality also depends on the law of your country of origin.

Do you still need a maintenance licence?

This is practically no longer the case for new applications. The reason for loss under § 25 StAG old version (loss of German citizenship upon acquisition of foreign citizenship) has been cancelled with the reform. The BBG may still play a role in individual cases for ongoing old procedures.

By when must the declaration according to § 5 StAG be submitted?

By 19 August 2031 at the latest - receipt by the Federal Office of Administration (BVA) in Cologne. If you live abroad, you can submit the declaration via the German embassy or a consulate. Please also note the generation cut-off (§ 4 para. 4 StAG): The first generation born abroad after 31 December 1999 is the last for which acquisition is possible.

What does naturalisation cost?

The administration fee is 255 euros per person. For underage children who are naturalised together with a parent: 51 euros. There is an additional 25 euros for the naturalisation test and, if applicable, costs for language certificates and certified translations of documents. There is no administrative fee for the declaration procedure in accordance with § 5 StAG, only any costs for the legalisation of documents at the diplomatic mission abroad.

Have your situation checked

Since the 2024 reform, dual citizenship in Germany is possible in far more cases than before. Which path is the right one - naturalisation under Section 10 StAG, acquisition by declaration under Section 5 StAG, naturalisation by restitution under Art. 116 para. 2 GG - depends on your length of residence, your residence title, your family history and sometimes on deadlines, which are not open indefinitely.

If you have any questions that go beyond the general information in this article, please contact our law firm in the area of Immigration Law. If you would like to check whether you are entitled to German citizenship from abroad, you can use the Start preliminary check here.

Picture of Helmer Tieben

Helmer Tieben

I am Helmer Tieben, LL.M. (International Tax), a lawyer who has been admitted to the Cologne Bar Association since 2005. I specialise in landlord and tenant law, employment law, migration law and digital law and advise both local and international clients. With a Master's degree from the University of Melbourne and many years of experience in leading law firms, I offer clear and effective legal solutions. You can also contact me via
Reach Xing Helmer Tieben
and about X:
Helmer Tieben.

Linkedin

Leave a Reply

Your email address will not be published. Required fields are marked *