Campaign for dual US/DE or CAN/DE citizenship - Germany

Dear fellow North Americans residing in Germany,

If you've also been living in Germany for several years, you might have already looked into the possibility of German citizenship. You might already qualify for it by meeting the minimum requirements (residency, financial support, language proficiency, no criminal record, etc.). However, if you're like me (US citizen), renouncing your US or Canadian citizenship as a requirement for obtaining German citizenship is a non starter.

The demands by the German Citizenship Law, which are put upon US and Canadian citizens to show that the loss of their respective citizenship would pose a hardship of an economic or estate-law nature - in order to be allowed to retain their respective citizenship are unfair. Furthermore, there is a clear double standard, because Germans wishing to become US or Canadian citizens are 1) not required to formally renounce their citzenship through a Geman embassy on consulate; 2) allowed to apply for naturalization within 5 years residency in the US, and just 3 years residency in Canada - whereas 8 years of German residency are required for unmarried foreigners; 3) countless Germans are being granted permission to become Canadians and US citizens WITHOUT loosing their German citizenship.

You might already know that since 2000, Germans can obtain permission from the state to retain their German citizenship in the case of naturalization in another country (Beibehaltungsgenehmigung, or BBG for short). Due to recent changes in the German Nationality Law, the BBG is no longer required for Germans who naturalize in any of the remaining 26 EU member states or Switzerland (Regardless of the respective EU country's policy on muliple nationality) Moreover, countless Germans are being granted permission to retain their German citizenship when they naturalize in other OECD countries, particularily the United States, Canada, Australia and New Zealand.

In the case of former Turkish citizens, they can actually apply for the so-called "Rosa Karte" through the Turkish consulate, a kind of Turkish "Green Card" - which allows former Turks to work and reside in their former country of citizenship, i.e. Turkey.

Unfortunately, former US and Canadian citizens wishing to return to their homeland for the purpose of long-term residency and work would have to "stand in line." Specifically, they would have to go through the normal immigration process. Read on.

According to the US Government website:

Renunciation of U.S. Citizenship

C. REQUIREMENT - RENOUNCE ALL RIGHTS AND PRIVILEGES (2nd paragraph):

A person who wants to renounce U.S. citizenship cannot decide to retain some of the privileges of citizenship, as this would be logically inconsistent with the concept of renunciation. Thus, such a person can be said to lack a full understanding of renouncing citizenship and/or lack the necessary intent to renounce citizenship, and the Department of State will not approve a loss of citizenship in such instances.

http://travel.state.gov/law/citizenship/citizenship_776.html

According to the Canadian Government website:

Renouncing citizenship

In some situations, you might decide that you want to renounce (give up) your Canadian citizenship. For example, if you are or want to become a citizen of a country that does not allow dual citizenship, you may have to renounce your Canadian citizenship.

For a renunciation of Canadian citizenship to be recognized in Canada, you must make a formal application to renounce your citizenship.

If you renounce your Canadian citizenship, you will lose all the rights and privileges of Canadian citizenship. For example:

You will lose the right to travel under a Canadian passport.
You will lose the right to vote.
If you want to return to Canada as a permanent resident, you will have to go through the immigration process.
http://www.cic.gc.ca/english/citizenship/renounce.asp

Conversely, former German citizens can regain German citizenship upon application, if they meet certain requirements. A lengthly residence requirement doen't have to be met:

Wiedereinbürgerung
Die Wiedereinbürgerung ehemaliger Deutscher ist nach § 13 Staatsangehörigkeitsgesetz grundsätzlich möglich, wenn ein öffentliches Interesse an der Einbürgerung besteht. Wichtige Prüfpunkte sind die Unterhaltsfähigkeit, das Beherrschen der deutschen Sprache und der Nachweis von Bindungen an Deutschland. Ein Rechtsanspruch auf Wiedereinbürgerung besteht nicht.

Bitte beachten Sie: Der Antrag auf Wiedereinbürgerung ist über die für Sie zuständige deutsche Auslandsvertretung beim Bundesverwaltungsamt zu stellen und gebührenpflichtig. Das gesamte Verfahren nimmt etwa zwei Jahre in Anspruch.

http://www.toronto.diplo.de/Vertretung/tor.../seite__we.html

Moreover, former German citizens can apply for a German residence permit much easier than former US or Canadian citizens in their respective country of former citizenship, ie. USA or Canada:

Niederlassungserlaubnis

Neben der grundsätzlichen Vorschrift des Aufenthaltsgesetzes zur Erteilung einer Niederlassungserlaubnis gibt es noch einige Sondervorschriften, nach denen ebenfalls (unter erleichterten Bedingungen) Niederlassungserlaubnisse erteilt werden können:

Hochqualifizierte
Selbständige Erwerbstätigkeit
Humanitäre Gründe
Familiäre Lebensgemeinschaften mit Deutschen
Ehemalige Deutsche

http://dresden-welcome.de/visum/aufenthaltsgenehmigung/

If you're interested in working toward a common goal of harmonization of the German law on nationality, then please feel free to contact me. I have set up a Yahoo Group, which has the primary aim of supporting North Americans who are residing in Germany and who wish to become dual citizens of Germany and their respective home country. More specifically, if you feel that the same rules of the game should apply to us - just like they apply to Germans who wish to retain their citizenship and become US or Canadian citizens - then you are welcome to join my Yahoo Group. I look forward to hearing from you. I plan to apply for German citizenship next month. In fact, I meet the same criteria, which many Germans are required to meet (to keep their German citizenship) - but should I nevertheless be told that I must be willing to renounce my US citizenship, then I shall fight on. I'll report any progress on my application. Together, we can expose this double standard and ultimately change things for the better, but only if we work together.

Yahoo! Group: Dual US German citizenship

Regards, Darryl in Berlin

My understanding is that you can go ahead and renounce your Canadian citizenship to the Germans, and it has absolutely no effect on how Canada regards you. Canada will just assume that you didn't really mean it, that it was forced on you by the Germans, and so you continue to be a citizen in the eyes of the Canadian gov't, with the additional German citizenship, but Germany sees you as being only German. That's why Canada will only recognize a renunciation if it is done directly by a citizen to the Canadian gov't. It is even possible for a Canadian to hold three citizenships - a friend's daughter has Canadian, US and Swiss passports. Multiple citizenships are allowed by Canada. They are NOT allowed by the USA, so my friend's daughter will have to choose whether she wants to continue to be US'ian once she reaches the age of majority, or give it up. She'll probably give up the US and keep the Canadian and Swiss.

Unfortunately, Germany is quite clear on the the renunciation issue, as a prerequisite for the granting of citizenship in the case where naturalization alone doesn't make someone loose their current citizenship. And these rules would certainly apply to US citizens. Namely, they would first receive a so-called "Einbürgerungszusicherung," i.e. an assurance of naturalization (valid for 2 years). This is a certificate that guarantees that the holder is to be naturalized as a German citizen - once they formally renounce their current citizenship. After this is done, they are technically stateless. They then show documented proof from the US embassy (as this is normally done from abroad, and they must surrender the passport of their former country) to the German authority granting citizenship. Then the "Einbürgerungszusicherung" is exchanged for an "Einbürgerungsurkunde," i.e. certificate of naturalization. At this point, they're a German citizen. I would like to re-interate, that the holder of the "Einbürgerungszusicherung" would be stateless until they received the "Einbürgerungsurkunde."

INTENT is the key issue with US citizens.

In September, 1990, the Department of State ("DOS") issued a policy statement which dealth with loss of nationality. The policy statement indicated that DOS would presume a person intended to retain U.S. citizenship where:

the person was naturalized in a foreign country
took a routine oath of allegiance, or
accepted non-policy level employment with a foreign government.
Such a person need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed. It is important to note that the two expatriating acts which arise in the context dual nationality are given the benefit of this presumption.

According to the policy statement, the presumption that a person intends to retain U.S. citizenship is not applicable when the individual:

formally renounces U.S. citizenship before a consular officer;
takes a policy level position in a foreign state;
is convicted of treason; or
performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship.

(source: http://www.americanlaw.com/dualcit.html )

The US government allows dual and even multiple nationality:

7 FAM 1111.4 Dual or Multiple Nationality
(TL:CON-64; 11-30-95)
a. U.S. nationals and citizens may possess dual or multiple nationality and owe
allegiance to one or several foreign states. They may even have identified themselves
more closely with the foreign state than with the United States, thereby calling into question
the propriety of extending protection to them. Since each country establishes its own law of
nationality, dual nationality cannot be eliminated, may result in confusion, and could
complicate the ability of the U.S. Government to protect its nationals/citizens.
b. The United States has no special arrangements with individual countries to “permit�
dual nationality. U.S. Government policy toward dual nationality is the same regardless of
other nationalities involved.
c. While a person who has dual or multiple nationality resides in the United States, the
right of the United States to claim his or her allegiance is held to be paramount of the right
of the other countries of which he or she may be a national. Conversely, while a person
who has dual nationality resides abroad in a foreign country of which he or she also is a
national, the right of that country to claim his or her allegiance is paramount to that of the
United States.
d. It has been the policy of the U.S. Government, when the occasion arises, to
intercede on behalf of a person in another country who owes allegiance both to that
country and the United States, when the facts clearly indicate that the person has been
detained, harassed, or molested by the authorities of the foreign country of which he or she
is also a national.

(source: http://www.state.gov/documents/organization/86755.pdf )

To be honest, I don't know whether or not Canadians have been required to do the same procedure.

Darryl, I am a dual citizen and strongly agree with what you are trying to do. I do suggest that you widen this to cover all foreigners seeking German citizenship, as it will greatly increase the number of voices in agreement with your group. You may also want to make the point that citizens of EU member states can hold dual citizenship in other EU member states, as can citizens of a number of countries in the Middle East, in calling for equal treatment for North Americans. You may also want to make the case that allowing dual citizenship will improve integration of people with immigrant backgrounds in Germany rather than asking for a change in the law on the basis of North Americans trying to naturalize as Germans being treated differently vis-a-vis Germans seeking to naturalize in North American countries and keep their German citizenship (which I understand not be automatically approved, although I don't profess to be an expert on that issue). As you are currently phrasing it, it will probably sound to Germans as though you are demanding a unilateral concession from them which would not benefit Germany. For this reason, I suggest stressing the benefits dual citizenship to the process of integrating immigrants to Germany.

BTW, it is my understanding that when you apply for citizenship in Berlin (thus being resident there) you must receive an answer within six months. That means you will have a decision to make very soon since the legislative process on dual citizenship (if it ever comes about) won't move quickly. You may want to think about delaying your application (obviously this depends on your personal circumstances).

This is completely false. If Turkish citizens become German citizens, they lose all their rights in Turkey. They may NOT work with a "Rosa Karte" which is actually green now and not "rosa" anyways, this rosa card is only useful if they are inheriting real estate from their family members. The "Rosa Karte" is something like a social security card and is not the Turkish equivalent of a "Green Card".
They also may NOT reside in Turkey. They need to apply for work and residence permit like all Germans.

Dual citizenship is granted to certain people, like top German league football players.

Bear in mind the history of the different countries involved. Canada, the US, Australia and NZ in particular are countries largely founded on large-scale inward migration. Germany and most other European countries, on the other hand, are countries which in the last couple of centuries have tended to have populations which had a more stable native-born composition or which lost people via emigration. Like most countries, citizenship is usually granted on the basis of blood ties with some exceptions for long-time immigrants. The history and culture is just different between the countries.
Added to that is the question of what citizenship entails. Most people are citizens of one country. They owe/pledge allegiance to that country and obviously (given man's nature) identify and support their country above others in times of crisis or war. IF you have dual or multiple citizenships, to whom do you give your allegiance? To whomever it suits at the time the question arises? Each country (i.e. the citizens of the country) has the right to manage its own affairs how it sees fit, free from 'outside' interference.

Any chance you can expand your group to involve other nationalities?

I'm Australian and have the exact same problem. I've made enquiries and found a lot of dead ends.

If you include other nationalities, not just Nth Americans, then you will get more numbers joining your cause. Me for a start...

Conquistador,

Thank you for your kind reply. I don't want to discriminate against non N. Americans - and certainly other nationalties are welcome to join my Yahoo Group. Of course Mexicans are N. Americans. However, they can re-apply for lost Mexican citizenship due to recents changes to their laws. You're absolutely right about EU member states being permitted to hold dual citizenship in another EU state. Germany recently changed their rules on this and no longer require EU citizens naturalizing in Germany to loose or renounce their other EU citizenship - regardless of their country's rules on dual nationality. Moreover, Germans can now naturalize in any of the remaining 26 EU states or Switzerland without having to apply for the "Beibehaltungsgenehmigung."

According to the European Convention on Nationality, Strasbourg, 6.XI.1997 (which Germany signed and ratified):

Article 5 – Non-discrimination

The rules of a State Party on nationality shall not contain distinctions or include any practice which amount to discrimination on the grounds of sex, religion, race, colour or national or ethnic origin.
Each State Party shall be guided by the principle of non-discrimination between its nationals, whether they are nationals by birth or have acquired its nationality subsequently.

Article 16 – Conservation of previous nationality

A State Party shall not make the renunciation or loss of another nationality a condition for the acquisition or retention of its nationality where such renunciation or loss is not possible or cannot reasonably be required.

What I find to totally unfair to the point of an insult, is the contridictive way that dual citizenship is talked about to Germans (basically, no specific problems result if they become a dual citizen). Whereas, foreigners wishing to become dual citizens (obtain German citizenship here) are told that dual citizenship is not desired, because problems can arise from this.

--- I'll look for the exact text (ironically from the same German government source) and post it on this website. ---

My gut feeling, is that Germany realized that they had no choice but to at least apply dual citizenship to EU members who meet German naturalization requirements. But because this is clearly (at least in my interpretation of the treaty) discrimination based on nationality, i.e. non EU nationals are normally not permitted to be dual citizens in the case of naturalization in Germany. We'll have to see what the European Court of Justice has to say about this. I'm willing to take this issue that far if I have to. Hell, I helped to set up a works council at EBay Gemany so I am a fighter for human rights. I believe in the principles of the EU and have lived in Europe nearly half my life - 21 yrs. and counting.

I have to correct your statement, Hazza:

Türkische Staatsbürger, die in Deutschland eingebürgert werden möchten, müssen dafür grundsätzlich die türkische Staatsangehörigkeit aufgeben. Zur Aufgabe der türkischen Staatsangehörigkeit ist es erforderlich, persönlich einen Antrag beim zuständigen Generalkonsulat zu stellen. Nachdem das türkische Innenministerium das Verfahren auf Ausbürgerung genehmigt hat, teilt es dies der deutschen Behörde mit. Erst wenn die Einbürgerung in Deutschland abgeschlossen ist und die türkischen Personalausweise und Reisepässe für ungültig erklärt wurden, kann bei den türkischen Generalkonsulaten eine sog. „Rosa Karte“ beantragt werden.

Ehemaligen türkischen Staatsangehörigen wird mit der „Rosa Karte“ weitgehend die gleiche Rechtsstellung eingeräumt wie türkischen Inländern. Inhaber der Rosa Karte und deren gesetzmäßige Erben dürfen in der Türkei zum Beispiel arbeiten, Erbschaften regeln oder antreten, Geschäfte tätigen und vieles mehr. Inhaber der Rosa Karte dürfen in der Türkei allerdings nicht wählen und kein staatliches Amt innehaben. Der Fortbestand der Rechte in der Türkei ist geregelt in dem türkischen Gesetz Nummer 4112 von 1995.

Mit der „Rosa Karte“ entsteht keine doppelte Staatsangehörigkeit, vielmehr bleiben die betreffenden eingebürgerten Deutschen in der Türkei deutsche Staatsangehörige, die aber weitreichende gesetzliche Vergünstigungen genießen.

Wichtig: Die Beantragung oder der Besitz einer „Rosa Karte“ hat keinerlei Auswirkung auf die deutsche Staatsangehörigkeit und führt auch nicht zum Verlust der deutschen Staatsangehörigkeit, da die „Rosa Karte“ ja gerade nur an ausgebürgerte, ehemalige Türk/innen ausgegeben wird.

source: http://www.agah-hessen.de/Themen/Recht/Sta.../rosa_karte.htm

Yes, this was the sort of bullshit response I received from the KVR when I spoke to them about why they won't allow dual citizenship.

As an analogy - if your parents were to have a bitter divorce, is it possible that you can still be loyal to both of them? Not to mention if they divorce but are still friendly (Germany is friendly to the US, Canada and Australia). We can be loyal to more than one country - particularly if we have strong ties to 2 of them.

My personal situation following: I was born in Germany to a German mother, then moved to Australia at age 4. I lived there until I was 28 and took on Australian citizenship during this time (I lost my German citizenship at this point). Now I have been back for 7 years. I speak both English and German fluently. It is obvious that I have strong bonds to both countries. Now tell me how it can be fair to make me choose one country over the other - you may as well ask someone to choose one of their parents over the other.

The woman at the KVR actually posed the war question. I told her that in the unlikely event that Australia and Germany went to war, then they could contact me and I would renounce one of my citizenships then...

I think you may have me confused with someone else - I only asked to join your group...

I agree with Hazza and Conquistador broadening your interest group to include other disenfranchised nationals could only strength your cause. It isn't just an American or Canadian issue but "3rd Country Nationals", as we are called!

Darryl, something like this is going to have to be handled via the legislative process and deserves a public debate. I strongly urge to approach it legislatively by making a case to German citizens and garnering their support. Have you spoken with a German attorney to ensure that your own interpretation is accurate?

I have no reservations or problems with including everyone in my Yahoo Group. I am pleased by the interest and would never discriminate.. in that regard.. N. America was just a start.. As I am an American, and have experienced a lot of anti American sentiment through the years. OK, I passionately dislike Bush. Anyhow, anyone who is sincere about fighting the Gemans and want equal and fair treatment, please message me personally with your e-mail and I'll invite you to join the group.. and I'll have to change the name to be multinational.

Darryl

Conquistador,

No I haven't spoken with an attorney on this, but of course they would be the best source of information. The experience I've had with German law is that most lawyers aren't willing to touch something if there is no legal precident to support the lawsuit. That is understandable, but not the way to make history. It's a paradox. Somebody has to get the ball rolling and put the law to the test. I just thought a centralized website would be a great start and everyone can contribute their knowledge, expertise, experience, opinions, etc.

OK, guys, I have to go to Spanish class now.. We'll talk later, and please, please, please, if you're interesed, you can message me with your e-mail - REGARDLESS - of your nationality.. Together we are powerful!!!

Take care, future dual German citizens!