Germany and non EU dual citizenship

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HI All

 

I am from Non EU country

I have applied for German citizenship, and they told it is complicated to maintain current one, so I have checked a checkbox that I am ready to give up current one

 

on the other hand I checked with my current country,  and they told it is OK to have both, can make an application to maintain the current one, or after applying for German one and losing current one I can apply to restore.

but if I restore on the other side  than I may lose the German one.

 

Do you have experience with such cases? how to keep both

should I contact immigration lawyers to sort it out ?

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If you restore your former citizenship after taking out German, you are legally obliged to inform the German authortities and your German citizenship is automatically revoked.

 

There are of course exceptions (such as the case of low earning US citizens being allowed to keep both due to financial hardship as renunciation of US citizenship is very expensive)...maybe you will achieve something through lawyers - but likely not. You certainly can't just do it behind their back. If you don't get approval to keep both, you can't take out your old citizenship again afterwards. 

 

Yes, I have experience with this. I renounced my original citizenship and won't be trying to get it back.

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thanks for replies

 

do you know how easy it is to restore German citizenship once it is lost due to accepting other

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At least as difficult as applying the first time. You need all the requirements again.

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This states

https://www.germany.info/us-de/service/wiedereinbuergerung-ehemaliger-deutscher/1216660

 

 

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Wenn Sie früher die deutsche Staatsangehörigkeit besessen haben, können Sie nach § 13 des Staatsangehörigkeitsgesetzes eingebürgert werden, wenn ein öffentliches Interesse an Ihrer Einbürgerung besteht. Neben dem Nachweis des öffentlichen Interesses sind weitere Einbürgerungsvoraussetzungen zu erfüllen. Dazu gehören unter anderem gute Deutschkenntnisse, enge Bindungen an Deutschland, die Sicherung des Lebensunterhalts sowie Straffreiheit.

 

 

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If you formerly had German citizenship, you can be naturalized according to § 13 of the Nationality Law, if there is a public interest in your naturalization. In addition to proof of public interest, further naturalization requirements must be met. These include good German language skills, close ties to Germany, securing a livelihood and impunity.

 

 

This seems to suggest that even if you meet all the requirements again, that Germany would reject your application unless you can prove a public interest.  Of course what that is, is not stated.  

 

Certainly, I don't think that the German state would take kindly to people switching nationalities often according to their will.

 

 

§ 12 of the German nationality act states the following regarding dual nationality;

 

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The condition stipulated in Section 10, sub-section 1, sentence 1, no. 4 shall be waived if the foreigner is unable to give up his or her previous citizenship, or if doing so would entail particularly difficult conditions. This is to be assumed if

  1. the law of the foreign state makes no provision for giving up its citizenship,
  1. the foreign state regularly refuses to grant release from citizenship,
  1. the foreign state has refused to grant release from citizenship for reasons for which the foreigner is not responsible, or attaches unreasonable conditions to release from citizenship or has failed to reach a decision within a reasonable time on the application for release from citizenship which has been submitted in due and complete form,
  1. the subsequent multiple nationality represents the sole obstacle to the naturalization of older persons, the process for release from citizenship entails unreasonable difficulties and failure to grant naturalization would constitute special hardship,
  1. in giving up his or her foreign citizenship the foreigner would incur substantial disadvantages beyond the loss of his or her civic rights, in particular such disadvantages of an economic or property-related nature, or
  1. the foreigner holds a travel document in accordance with Article 28 of the Convention relating to the Status of Refugees of 28 July 1951 (Federal Law Gazette 1953 II, p. 559).

(2) The condition stipulated in Section 10, sub-section 1, sentence 1, no. 4 shall further be waived if the foreigner holds the citizenship of another member state of the European Union or Switzerland.

(3) Further exemptions from the condition stipulated in Section 10, sub-section 1, sentence 1, no. 4 may be granted pursuant to the provisions of agreements under international law.

 

 

 

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The authorities from both countries are very aware of what goes on.  My German friend gave up her German citizenship, yea crazy, and Germany sent her a letter stating she had to turn in her German passport.

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So theoretically I can apply for this Beibehaltung in Germany before applying for second citizenship and see what the outcome will be and decide later according their answer ?

 

 

 

 

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What is your current citizenship?

Also important: do you have a German parent?

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7 hours ago, alien7 said:

So theoretically I can apply for this Beibehaltung in Germany before applying for second citizenship and see what the outcome will be and decide later according their answer ?

 

 

 

 

Yes, you could try this. It might be possible but will be difficult. I would not decide to give up a citizenship on this kind of plan though. Too many variables.

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What if you (NON-EU people) got German citizenship, went through the whole rigamarole, tests, city hall ceremony, etc. and -- assuming no exceptions were yet made -- you just refused to formally give up your original citizenship? Germany can't take your birth/prior citizenship away, after all. Or is receiving the German contingent on first showing proof you've given-up the original? (The Beibehaltungs permit?)

 

And yes, this seems like an expensive and time-consuming game of bureaucratic chicken. I imagine they would revoke their new German citizenship and send you the bill, all before the new passport ink were dry, but still I'm curious.

 

(I've now reached the conditions where I could get German citizenship, but I will never give up my birth citizenship in order to do so.)

 

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Germany insists you provide proof of having renounced your other citizenship (before they give you German citizenship) - and informs you that if you take it up again at a later stage (or another citizenship other than EU), you lose your German citizenship. I had to provide an Urkunde proving renunciation (signed and stamped by NZ consular officials) before I could get my German citizenship.

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Grundsätzlich gilt, dass bei Annahme einer ausländischen Staatsangehörigkeit die deutsche verloren geht (§§ 17 Abs. 1 Nr. 2, 25 Abs. 1 S. 1 StAG). Entsprechend muss ein Ausländer, der die deutsche Staatsangehörigkeit annimmt, regelmäßig die bisherige Staatsangehörigkeit aufgeben (§ 10 Abs. 1 Nr. 4). Eine Ausnahme besteht, wenn ein Deutscher die Staatsangehörigkeit eines anderen Mitgliedstaates der Europäischen Union oder der Schweiz annimmt (§ 25 Abs. 1 Satz 2 StAG) oder wenn bei der Einbürgerung eines Ausländers Gründe für eine Hinnahme von Mehrstaatigkeit gemäß § 12 StAG vorliegen.

 

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alderhill

in application you should specify if you are ready to give up your citizenship - YES or NO

The Person from KVR told to specify here NO is a bad idea because in bavaria it is complicated...

and in case of yes, they will process your application, send you letter confirming you will get German citizenship and ask you to go to your embassy and cancel current one, after you cancel you send them confirmation and you get German passport

I think in some cases they dont ask for confirmation depending on country laws where receiving one citizenship causes losing other once.

but the state where you live may be different case, it seems each bundesland is different with requirement and of  course    Bavaria is the worst place to apply

 

I was thinking citizenship law is same for all German states but it does not seem so

it seems each state somehow extended  it with their own requirements, because they have nothing more interesting to do and should show up that they do some work :) 

I made a mistake to apply here in Munich, it would make sense to rent a cheap room in some other state , register and apply there

 

 

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The law regarding dual citizenship applies to ALL of Germany. With a good lawyer, you may be able to get through in another state more easily on grounds that you are a special case - but not just be renting a small apartment somewhere and submitting the application. You'd still need to be granted an exception.

Belehrung.PNG

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