American-German Dual Citizenship for Child

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Dear Toytown community,

 

- I know that the child of a German parent and American parent acquires both citizenships at birth and is not required to relinquish either.

- I know a child born in Germany to two foreign parents (at least one American) acquires both citizenships at birth but must choose between German and American citizenship before turning 23.

 

What I would like some clarification on is whether it matters how the German parent acquired their citizenship, i.e. jus soli, jus sanguinis, or naturalization, and specifically whether a naturalized German parent and American-born parent(American by both blood and birth in the US) can still pass on dual citizenship to their child without the child needing to choose between citizenships before 23.

 

This site [ http://germany.usembassy.gov/acs/dual_nationality/ ] seems to indicate that it's only possible when the German parent is German by blood or birth in Germany, and not naturalized:

 

 

A child born to an American parent and a German parent acquires both American and German citizenship at birth, regardless of place of birth, if the parents satisfy the jus soli or jus sanguinis requirements of their respective countries.

 

Could someone confirm or refute this and point me to an official German source on this?

 

Thank you!

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Your child will have both citizenships- the German citizenship is acquired from the naturalized parent via jus sanguinis, i.e., being born to a German citizen (although they may have anyhow been eligible for German citizenship via jus solis, depending on how long the non-German parent has lived here). The requirement to choose between citizenships, the so-called "Optionsmodell", has anyhow now largely been done away with.

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the so-called "Optionsmodell", has anyhow now largely been done away with.

 

AFAIK not alwyas, but in this case, where one parent is German, yes.

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The only type of situation in which a child acquires German citizenship via jus solis but cannot retain it as an adult is if they don't live in Germany long enough as a child (and they don't have to spend their entire childhood here).

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Hi Conquistador,

 

 

Your child will have both citizenships- the German citizenship is acquired from the naturalized parent via jus sanguinis, i.e., being born to a German citizen

That's good to know, could you point me to the source of this info?

 

I just don't understand what's meant by: "if the parents satisfy the jus soli or jus sanguinis requirements of their respective countries":

 

 

A child born to an American parent and a German parent acquires both American and German citizenship at birth, regardless of place of birth, if the parents satisfy the jus soli or jus sanguinis requirements of their respective countries.

It sounds as if they are saying that both the American and the German citizen have to have acquired their own citizenships via blood or soil, i.e., not naturalization.

 

 

(although they may have anyhow been eligible for German citizenship via jus solis, depending on how long the non-German parent has lived here)

From what the previous website indicates, obtaining citizenship by soil still requires choosing between citizenships before age 23. But do you mean to say this rule of choosing between citizenships no longer exists?

 

Where can I find the current official info on this?

 

Thanks!

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The only type of situation in which a child acquires German citizenship via jus solis but cannot retain it as an adult is if they don't live in Germany long enough as a child (and they don't have to spend their entire childhood here).

But if you stay here enough as a child and retain the German citizenship, Germany still forces you to give up the US citizenship before the age of 23, or?

 

 

That's a good example of why you can't read these things literally. Here's the horse's mouth: German citizenship law

:DDD Thanks

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There's no need to overthink this- if the child is born after ther German parent naturalized, they will be a citizen of the US and Germany. End of story.

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On 4/29/2014, 9:23:57, Conquistador said:

There's no need to overthink this- if the child is born after ther German parent naturalized, they will be a citizen of the US and Germany. End of story.

Hi, could you please give some hints about the case children being born BEFORE their parent becoming German (e.g.  through  naturalization)? 

I knew the children could also be naturalized. My question is: will the children get dual citizenship?

Thanks!

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I would also like to know the answer to that question!

 

I'm wondering... Since my daughter got dual citizenship but can only keep the German citizenship if she 1. lives here for 8 years  OR 2. goes to school here for six years OR  3. does her post secondary schooling here... If I or my husband got German dual citizenship, would this conditionality then be removed? I'm assuming not. But I'm still curious.

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On 10/5/2018, 5:27:47, MLmunich said:

I would also like to know the answer to that question!

 

I'm wondering... Since my daughter got dual citizenship but can only keep the German citizenship if she 1. lives here for 8 years  OR 2. goes to school here for six years OR  3. does her post secondary schooling here... If I or my husband got German dual citizenship, would this conditionality then be removed? I'm assuming not. But I'm still curious.

 

 

 

The German Federal Office for Migration and Refugees says the following:

 

http://www.bamf.de/EN/Willkommen/Einbuergerung/InDeutschland/indeutschland-node.html

 

Quote

 

Children of foreign nationals take German nationality if they are born in Germany if, at the time of their birth, Germany has been the habitual, lawful place of residence of at least one parent for eight years and that parent has unlimited right of residence.

 

Children must decide when they are aged between 18 and 23 whether they wish to take German nationality or retain the nationality of their parents.

 

 

 

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I don't think that's correct anymore, but rather what I wrote above... That there are three possibilities for keeping both.

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Reviving this thread...

I have a slight variation on this one.

 

Today we did register our twin boys with the Amt.. and they argued that they are not American by birth and if we get them US citizenship, the kids will have to chose once they turn 18.

 

To give some background, I am a US Citizen living in Germany for the last 9 years (w/ Niederlassungserlaubnis) and my wife is a Ukrainian citizen. The kids are born here in Germany; so they earned the right to become a German Citizen but not necessarily inherited it through either of us.

 

Does this sound correct to you?

Is there a way for the baby to retain both citizenship after 18?

 

By contrast the city said from the mothers side they inherit Ukrainian citizenship; and they can retain it indefinitely and don't need to chose between German vs. Ukrainian citizenship. To me it sounded like they make a distinction between how the US citizenship is conferred to these kids.

 

On that note, I will try to go to the US Embassy and get them recognized... and as far as I know the process requires the filling of the form of "Application for consular report of Birth Abroad of a Citizen of the USA" (DS-2021) shorthand CRBA.

 

 

Any lawyers in Bavaria you are aware that handled similar cases that we can get a consult ?

 

 

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17 minutes ago, Aihal said:

Reviving this thread...

I have a slight variation on this one.

 

Today we did register our twin boys with the Amt.. and they argued that they are not American by birth and if we get them US citizenship, the kids will have to chose once they turn 18.

 

To give some background, I am a US Citizen living in Germany for the last 9 years (w/ Niederlassungserlaubnis) and my wife is a Ukrainian citizen. The kids are born here in Germany; so they earned the right to become a German Citizen but not necessarily inherited it through either of us.

 

Does this sound correct to you?

Is there a way for the baby to retain both citizenship after 18?

 

By contrast the city said from the mothers side they inherit Ukrainian citizenship; and they can retain it indefinitely and don't need to chose between German vs. Ukrainian citizenship. To me it sounded like they make a distinction between how the US citizenship is conferred to these kids.

 

On that note, I will try to go to the US Embassy and get them recognized... and as far as I know the process requires the filling of the form of "Application for consular report of Birth Abroad of a Citizen of the USA" (DS-2021) shorthand CRBA.

 

 

Any lawyers in Bavaria you are aware that handled similar cases that we can get a consult ?

 

 

 

I am not a lawyer, so I can’t give any legal advice. I have heard about choosing when they are 18, though. I have no experience with it. This wiki has a bit about it, I think: https://en.wikipedia.org/wiki/Jus_sanguinis. It is wiki, though, so it isn’t legal advice. You can look for a lawyer here: https://anwaltauskunft.de/magazin#ls-extended

 

That being said, think about where you plan to live in the future because the children will have to file a US tax return if they are a citizen. You may also need the tax reduction for your US taxes. 

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Another solution: 
Wait until a new, less conservative government allows dual nationality across the board. I speculate it will happen in the next couple years if we get an SPD or Green chancellor. Even Laschet apparently has showed openness to dual nationality in the past.

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On 9/9/2021, 3:50:50, Aihal said:

Today we did register our twin boys with the Amt.. and they argued that they are not American by birth

 

I am a US Citizen

 

 

unless there is some reason why your children did not acquire U.S. citizenship at birth (e.g. perhaps you did not live in the U.S. long enough to pass on your U.S. citizenship?), then the Standesamt (or whoever) is wrong.  Generally, children of U.S. citizens acquire U.S. citizenship at birth and are eligible to be president.  (e.g. Ted Cruz, born in Canada)

 

The Consular Report of Birth Abroad is not a granting of citizenship, it is a recognition of what already happened at birth. 

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