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A question over German passport eligibility

Is the following a true story or not?

Toytown Germany > Discussion forum > Germany-wide > Visas/permits
johnnyd
Is this true or does it sound like a tall storey (not true for non mother tongue English speakers).
A girl born in Germany to an Italian mother and a German father but they are not married.
Therefore the girl says she cannot have a German passport because her mother is Italian and not married to the German father.
The girl is now married to a German but separated but she will not get the divorce until she is married for two years as that will enable her to have a German passport.
The girl says that one really must have a German passport to have the full benefits of a normal life in Germany.

I was wondering if there was anyone here with expertise in this area.

Basically she is asking me for help but it sounds kind of strange to me.
She doesn’t speak English and my German is only so good so it is difficult for me to determine by quizzing her.
I like the girl and would like to help her but not if she’s a lying.
Small Town Boy
What help does she want from you exactly?
UrbanAngel
To my knowledge, yes that's a possible scenario. Depends what she means by full benefits though... you don't have to be German to get a permanent residency and work permit here, and you can claim the dole if you've paid into the tax system..
EDIT - as Jack says, she wouldn't be able to vote in national votes, but that is all I can think of.
Jack
A load of bullshit!
1. Having lived here for more that 8 years she should have no problem getting a German passport.
2. As an Italian (Italy is a member of the EU) she doesn't need a German Passport as she would have no disadvantages compared to a German. Except when it comes down to voting on a national level.
johnnyd
Financial assistance (money) – she has to pay the separated husband to maintain the marriage for a certain period of time – she is being emotional blackmailed (from what I can gather or something like that like - as I say if it was all in English I would suss immediately) – so she says.
UrbanAngel
Jack - I presume she can but she doesn't want to give up her Italian nationality.
johnnyd
Sorry this was answer to Small Town Boy
Financial assistance (money) – she has to pay the separated husband to maintain the marriage for a certain period of time – she is being emotional blackmailed (from what I can gather or something like that like I say if it was all in English I would suss immediately) – so she says.
Jack
Like I said she doesn't need a German passport to enjoy the benefits.
Pat Bateman
Well, i dont know about how Italy handles its nationality, but she could even be stateless. The 8-year rule only applies if she has never been out of the country, i believe, but i am really guessing on that part and others here should know better. It sure smells a bit fishy, but dont ask me, i'm a paranoid cynic.
Jack
???
Ok, the way things are in Germany, couples have to be seperated for one year before they can get divorced. The person that earns most has to support the other. Whether you have a German passport or not makes absolutely no difference there. She can't be deported or anything like that so where is her problem?
sharpe
is she asking for money? hmm, if u are interested i have a really cheap bridge in the place called brooklyn...
Jack
Something strange there!
johnnyd
@jack
Yes the support business that’s what she told me – the arsehole she married doesn’t work and she has to support him until she gets her divorce but she says that she must wait for the two years so then she can get the passport or is it she can only get the divorce after being married two years (I miss half of it with my German).
I have known her for seven months this issue has only just come to the fore and she seems genuine. She is very distraught. Just sounds too complicated to me.
Jack
QUOTE (Pat Bateman @ Mar 27 2007, 7:45 pm) *
Well, i dont know about how Italy handles its nationality

What's strange about Italians is that women have to keep their maiden name.
Jack
If she's earning more then she'll have to support him after the divorce too. Like I said to get a divorce she needs to be completely seperated from him for 1 year, unless she's being mishandled then she can sue to have it through faster. But I still can't figure out why she want's a German passport so desperately, she has no advantages.
MajorBummer
QUOTE (johnnyd @ Mar 27 2007, 7:28 pm) *
A girl born in Germany to an Italian mother and a German father but they are not married.
Therefore the girl says she cannot have a German passport because her mother is Italian and not married to the German father.

I can't believe that to be true. If you are born in Germany and one family member is German, you are considered to be German. From Wikipedia re getting German citizenship:
Durch Geburt wird ein Kind Deutscher, wenn mindestens ein Elternteil zu dieser Zeit Deutscher ist.

QUOTE (johnnyd @ Mar 27 2007, 7:28 pm) *
The girl is now married to a German but separated but she will not get the divorce until she is married for two years as that will enable her to have a German passport.
The girl says that one really must have a German passport to have the full benefits of a normal life in Germany.

Two years only? I thought it was 3 years. A Pakistani ex-friend of mine married a German woman to get a passport and was told that he has to wait at least 3 years.. unsure.gif
Kat
Does she have any reason to lie to you?
She may not have gotten German citizenship if the dad didn't claim her. And maybe she only has 2 years left to wait, not 2 years total.
MajorBummer
Ok, I found an English translation(English WIKI) on all the relevant cases:

Persons born to a parent who was a German citizen at the time of birth are usually German citizens on that basis. It does not matter whether they were born in Germany or not. Nor does it matter if the parent is naturalised German.

Those born after January 1, 1975 are Germans if the mother or father is a German citizen.
Those born before January 1, 1975 could normally only claim German citizenship from the father and not the mother. Exceptions included cases where the parents were unmarried (in which case German mothers could pass on citizenship) or where the German mother applied for the child to be registered as German on or before 31 December 1977.
Special rules exist for those born before 1 July 1993 if only the father is German and is not married to the mother. The father must acknowledge paternity before the child is 23, or acknowledge paternity and marry the mother and the child must declare himself or herself to be a German citizen.
In the future, those born outside Germany to a German parent who was also born outside Germany after 1999 will need to be registered as German citizens within 12 months of birth. An exception applies if the child is stateless.
Persons who are Germans on the basis of descent from a German parent do not have to apply to retain German citizenship by age 23. If they acquire another citizenship at birth, they can usually continue to hold this.
johnnyd
@Kat
The only reason I can think is that the money is really for her and spins the storey for sympathy or avoid embarassment - that's all.
Kat
Ah. She's asking you for money? That is a reason to lie. You have to think what she gains by it.
Jack
My advice would be to keep your ears open and your wallet locked.
johnnyd
QUOTE (MajorBummer @ Mar 27 2007, 8:00 pm) *
Special rules exist for those born before 1 July 1993 if only the father is German and is not married to the mother. The father must acknowledge paternity before the child is 23, or acknowledge paternity and marry the mother and the child must declare himself or herself to be a German citizen.

I think this is her case except the father didn't marry the mother and the following citizen declaration never took place. The father married afterwards to some else and had children with the person.
johnnyd
@Kat
she only has to gain the money out of it - some financial assistance because she has just moved and to keep her going until the divorce in a few months.
Small Town Boy
Don't lend money to people. Don't even think about it any further; the only sensible answer is 'no'.
johnnyd
From what I have gathered from what has been said here is that the only hole in her storey so far is that she will have to continue to support him even after the divorce - if he is not working and she is earning money. At the moment she is talking as though once divorced she is financially free and independant.
johnnyd
Thanks everyone for advice - I am out of here, enough work for one day - time for kabab at Mamas, Münchner Freiheit.
Kat
Well, Italian girls are gorgeous generally. I wouldn't worry so much. Give her what you can afford and enjoy her. happy.gif
Jack
@Kat
I'm speechless...
jml
@Jonnyd- the whole thing sounds a bit dodgy to me: girl you havent known that long and cant communicate with very easily is asking you for money. Are you in a relationship with her, is she a coworker, how do you know this person? Do you have feelings for her etc etc...

I think a lot of people, myself included, would ask what about her other family and friends...ie the ones that CAN communicate with her, know the facts of her story, and have known her for years longer than just shy over half a year. I'd also ask if there were other ways for you to help her out...can you help her get some additional freelance work for example? Is there a barter system that would work for you or someone you know ... ie cooking, conversational Italian lessons etc.

We all know there are freeloading, scam running scum out there but having said that, most people also know (if they havent been there themselves), one person or another that has gotten the short end of the stick and needs help. Short of hiring a private investigator I doubt your going to get guarantees that her story is legit...the real question is, do you want to help her anyway? If the answer is yes and/or if you've got excess cash and are willing to take a risk then I'd also recommend getting a loan agreement drawn up, copies of her identification card/passport so if she does a runner you can call the cops if you like. Don't know that it would do you any good but hey --- it'll make you seem like you mean business.

Good luck to you!
jml
Kat
@Jack - What? The guy's probably crazy about her, wants to help her, but worries about being used. So I say he shouldn't worry if he can afford it. The world is full of these little arrangements, and it's not unusual for a man to help out his girlfriend financially if he's comfortably off.
Jack
So if I understand you rightly what you're saying is if he's crazy enough about her and can afford to let himself be used then he should let himself be used. Am I right?
Kat
Er. Not exactly. Just that he needn't be paranoid about it. Who says she doesn't care a lot about him? He's not automatically being used just because he's helping her.
Jack
True. But from what johnnyd was saying one might get the impression that she is more interested in money than him. A guy I know got roasted in a similar situation.
Kat
Maybe. The fact she's still married is worrying. But my experience is the girl often gets left a little richer, but heart-broken when Mr. Moneybags moves on to the next female trend.
perdido
One never knows what side to choose when in this situation. It CAN go either way. The only advice I will give is the advice i go by when i loan money to friends. Never expect to see it back. I mean this in a kind hearted way because if it pushes them forward then the debt have already been paid.
jml
QUOTE (johnnyd @ Mar 27 2007, 7:18 pm) *
From what I have gathered from what has been said here is that the only hole in her storey so far is that she will have to continue to support him even after the divorce - if he is not working and she is earning money. At the moment she is talking as though once divorced she is financially free and independant.

Nah, from what I know both from German friends and even a few TTers that scenario can very well happen, ie paying alimony to a spouse (male or female) post divorce even if there are no children. Doesn't even seem to matter if the spouse is German and/or is physically, legally and in all other terms fit and able to work. Sounds like your girl also needs a good divorce lawyer at the very least she should be very careful about she "supporting" him for the duration of their paper marriage as she can very well be held on the line for alimony during the divorce settlement.
Jack
Strange really. Here we are discussing johnnyd's problem and he's of eating a kebab.
Kat
Yeah. I'd rather have a kebab too.
jml
Thats the way of it, if we didnt have idle speculation and random tangents on advice topics there wouldnt be much to this place. Though I guess we could revive all the damn kebab threads. I wonder if JohnnyD is getting his money's worth on his kebab dinner. Maybe he's been taken for a ride. What if its overpriced, what if its not really meat but a cat that got off his leash. Ah well, as Kat says as long as he can afford it, he might as well enjoy it. laugh.gif
Jack
Me too, but a slice of cake will do the job too. I'm lucky that I don't have to watch my figure. It's screwed up already. biggrin.gif
boomtown_rat
QUOTE (johnnyd @ Mar 27 2007, 7:51 pm) *
the arsehole she married

whereas she sounds absolutely lovely and totally trustworthy huh.gif

she didn't by any chance put all this information in a letter that she posted from Nigeria did she?
johnnyd
I am a total skeptic and it is difficult to gain my trust - but all I can say if she trying to do a number on me then she waited a long time to do so (seven months). I rarely give to charity but I believe that charity begins at home and am very generous with my family and people I know.
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