But you can vote and stand in some local elections. British conductor Simon Rattle, a staunch critic of Brexit, on Friday made public that he has applied for German citizenship.. The Withdrawal Agreement provides a lot of rights for those of us who will be living in the European Union at the end of the Transition Period. As a German citizen, you would maintain that right. You do not need to apply for dual citizenship. There are three conditions for getting this kind of citizenship, as listed below: 1. at least one of the parents must have lived in Germany for at least 8 years prior to the birth of the child 2. at least one of the parents must have had a permanent residence permit at the time the child was born 3. the child must be born after February 2nd, 1990 Once again, upon becoming 18 years old, the child will have to choose between the German c… If you’re a national in another EU country or Switzerland, you can. No. A child born in Germany on or after 1 January 2000 to non-German parents may acquire German citizenship under certain conditions: 1. Another example is the right to vote in national German elections or to stand for political office at local and national level. Unless Germany changes its nationality law, the UK will … A British lawyer is accusing the German government of violating the country's constitution by refusing to restore the citizenship of thousands of people descended from victims of the Nazis. You will not have the right as an EU citizen to vote or stand in national elections in Germany. When the child is between 18 to 23-years-old they will t… This is called ‘by right of soil’. Yes. 2 of the Staatsangehörigkeitsgesetz (StAG). Germany plans to allow British nationals who apply for German citizenship during the Brexit transition period to retain dual nationality. However, sometimes exceptions are made to this rule. Historically, any German national residing in another country who chose to naturalise as citizens of that country would automatically lose their German citizenship. It is best to check for your specific case with the local Foreigners Office (Ausländerbehörde). Ways to obtain German citizenship. The Withdrawal Agreement contains a provision (Article 132) which potentially allows a single extension of 1 or 2 years if that is requested by July 2020 but the British government’s position currently is that it will not request such an extension. The right of free movement 3. You will have these opportunities as a German citizen: 1. Germany has traditionally been a “ius sanguinis” country, where citizenship is passed on to the next generation through the bloodline, irrespective of the place of birth. Naturalization is also possible for foreign nationals after six to eight years of legal residence in Germany. The vast majority have retained their British citizenship which is possible with all applications accepted up to 31st December 2020. The right to vote 2. Germany has been deemed one of the top destinations for companies leaving the UK after the Brexit aftermath. Click For formal advice on the current law please don’t hesitate to contact Gherson. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For many British citizens applying for German citizenship, in particular those whose applications have only recently or not yet been submitted, this is a very It depends. German citizenship is attained at birth if at least one parent is German. There is also a degree of discretion as to whether, for example, a recent Germany-issued certificate of language competency is required or whether qualifications gained at school in the UK are considered acceptable. to subscribe to weekly updates for our news and blogs. In other words, one usually acquires German citizenship if a parent is a German citizen, irrespective of place of birth, or by birth in Germany to parents with foreign nationality if certain requirements are fulfilled. This means there may be differences in the details of the application form or the name of the office you need to go to. This is a blip. Nearly all Jewish German citizens lost citizenship between 1933 and 1941. nationality or human rights, Depending on your personal circumstances there are several different ways you can claim German citizenship. No. Dual nationality for German nationals in the UK - applications for British citizenship / naturalisation will need to be filed before 31st Oct 2019 in case of a no deal Brexit. Whilst Germany approved a bill that allowed British and German nationals to apply for dual citizenship during the Brexit transition period, there has been no indication that such a bill will be considered once the transition period comes to an end on 31 December 2020. now. Please read the sections that apply to you carefully before contacting the Embassy in London or the Consulate General in Edinburgh. Citizenship law is a German Federal competency and the law is the same everywhere in Germany. Learn about the crucial deadline. As the UK is now no longer an EU Member State, § 12 Abs. If you were legally resident in Germany by 1 January 2021, you should obtain a new residence document (Aufenthaltsdokument-GB). Nadia Marchant global comms. I light a candle tonight. You can find more information about the residence and other requirements and how to go about applying for citizenship on these BAMF website pages: https://www.bamf.de/EN/Themen/Integration/ZugewanderteTeilnehmende/Einbuergerung/einbuergerung.html, https://www.integrationsbeauftragte.de/ib-de/service/fragen-und-antworten/612466-612466?index=612512, If you want to apply for German citizenship (Einbürgerung), you first need to contact your local Foreigners Office (Ausländerbehörde) to get advice. If you willingly apply for a foreign citizenship and obtain it, your German citizenship is automatically lost. • Possesses/possessed a certificate of nationality issued by a German authority • Was born in Germany before 1914 or was a German citizen who emigrated from Germany before that date • Acquired German nationality by any other way than descent (e.g., marriage or adoption) The Pros and Cons of German Citizenship However, as the law currently stands, Germany will not permit dual citizenship for those who do not meet the naturalisation residency requirements prior to 31 December 2020, and who choose to apply to naturalise as British citizens (and are successful) after 31 December 2020. If you’re a national of any other country, you’ll probably have to renounce your first nationality in order to become a German citizen. Despite being a British Citizen, I will always see myself as a European with strong connections with the EU. There are about 96,000 UK citizens living in Germany and it allows dual citizenship for citizens of some countries, including the UK. If you’d like to hold dual citizenship, including German nationality, it’s worth seeking the advice of a specialist. Approximately 100,000 British citizens currently live in Germany, but moving to Germany from the UK could become more complicated in future years. The vast majority have retained their British citizenship which is possible with all applications accepted up to 31st December 2020. Should you require any further information in light of your current circumstances please do not hesitate to contact us. Below is an unofficial English translation of the relevant part of this Brexit-Übergangsgesetz, § 3 Abs. European: Born in Spain to an English father and German mother; years spent following my parents for long summers in France and Spain as they set up their Travel company, studies included French and German; years spent in European cities for the BBC whilst making documentaries including Berlin following the wall coming down and Prague post 1989, Barcelona in build up to the Olympics in 1992; recent years spent coaching leadership communication skills in European cities and for European companies; continued interest in all European culture. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson. When you are living in Germany only as a permanent resident, you do not qualify as a citizen of Germany. Please see https://www.gherson.com/blog/brexit-has-happened-what-now for further details. The key point is that the application must have been submitted before 31 December 2020, it doesn’t necessarily have to have been decided. This method can only succeed if either everyone in the chain is male or if a woman with German citizenship has an illegitimate child. The Bundestag passed a law (Brexit-Übergangsgesetz) in 2019, which gives you the right to keep your UK citizenship if you apply and meet the other usual conditions for German citizenship before the end of the Transition Period. This means you can be a British citizen and also a citizen of other countries. Irish or other EU citizenship will mean you keep your EU rights including onward freedom of movement after the end of the Transition Period. Should you wish to naturalise as a British citizen and retain your German nationality an application for naturalisation must be submitted prior to the end of the transition period. German nationals can also be subject to an administrative fine if they fail to obtain the necessary permission. . Under current regulations, people obtaining German citizenship or German citizens taking up another passport have to renounce their previous nationality, unless they are from a member state of the European Union or from Switzerland. You do not need to renounce your UK citizenship. Since the Brexit referendum in June 2016, 31600 British nationals have been granted German citizenship up to 2019. German citizenship by right of soil is quite the contrary to that by right of blood. Happy New Year to all. It will depend on a lot of factors which are different for each individual. The child can only get German citizenship if, at the time of birth, at least one parent: 1. had been living in Germany for at least eight years 2. had permanent residence status in Germany 3. is Swiss. But there is still a chance to gain German citizenship without losing your British citizenship. Additional rights may result in relation to the other state whose nationality they have. The law is based on a mixture of the principles of jus sanguinis and jus soli. Dual citizenship (also known as dual nationality) is allowed in the UK. If you are a German national residing in the UK who wishes to remain in the UK after the end of the Brexit transition period, you must apply under the EU Settlement Scheme. For advice on immigration, nationality, extradition or human rights, please contact us now. 2. The particular interest in Germany is not a mere coincidence. (Beibehaltungsgenehmigung). In contrast to the 594 British nationals who gained German citizenship in 2015, 7,493 Britons acquired a German passport in 2017 alone. The Transition Period began on 1 February 2020 and is due to end on 31 December 2020. So you will lose the entitlement to move to or work in France, Spain, Sweden or elsewhere in the EU. As such, if a German national residing in the UK, who holds indefinite leave to remain or Settled Status, has made a successful application to naturalise as a British citizen prior to 31 December 2020, they may be able to hold dual German and British nationality. Whether you’re after dual citizenship or sole German citizenship, you’ll need to meet various criteria, including having lived in Germany for 8 years or more. At school when asked ‘what is your nationality?’ I answered ‘European’. https://www.gherson.com/blog/brexit-has-happened-what-now. For advice on immigration, Looking forward to still continuing to nurture my European identity and commitment; my vow as the New Year arrives. I am British, living in the UK, and my great-great-grandfather was German. There are many ways a person can lose German citizenship, for instance by continuous absence from German territory for 10 years before 1914, or by acquiring non-German nationality – although this is subject to exceptions. The process is basically the same in all parts of Germany, but the time it takes to get appointments and to process your application may differ. (1) For British citizens who make an application for naturalisation in Germany before the end of the Transition Period, the otherwise applicable requirement under the Staatsangehörigkeitsgesetz (Citizenship Law) to renounce British citizenship will be waived, provided that all other naturalisation requirements were met by the end of the Transition Period and continue to be met at the time of naturalisation. Usually Germany requires citizens of other countries to give up that citizenship when obtaining German. Gherson is authorised and regulated by the Solicitors Regulation Authority, Important information for the end of the Brexit Transition Period and the EU Settlement Scheme, if you or your close family members are an EU / EEA Citizen. This means German nationals can no longer apply for British citizenship without the risk of losing their German citizenship. The German government has conceded that any German national who applies for British citizenship before the 31 December 2020 will be able to retain their German citizenship. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Under German legislation, the descendants of German refugees who fled Germany during the Second World War as a result of persecution, may be able to re-claim their German citizenship. Germany, but that right is limited to our host country. Call: 0330 111 6682 Email: [email protected] Schedule A Conversation Make A … An important update for German nationals wishing to apply for British Citizenship after Brexit. Whilst Britain was an EU member, British citizens who gained German citizenship could do so without losing their British citizenship as they benefited from § 12 Abs. If you’re born in Germany, you will often automatically get German citizenship. Generally, you will need to have been resident in Germany for 6 or 8 years depending on your language ability. However, you will no longer have the right to keep your UK citizenship so will probably have to relinquish it in order to take German. These include the right to continue to reside in our host country, i.e. The proposal is contained in a draft bill tabled by the German Foreign Ministry to ensure legal clarity during the period following the UK departure from the European Union.. In Germany, 14,600 Britons had dual nationality in 2019 compared to 622 in 2015. here German law states that dual citizenship should be avoided, but allows some limited exceptions, for example, for EU citizens. Please check me out LinkedIn. If you obtain a foreign citizenship without an application for naturalization, you remain a German citizen. British nationals will no longer be considered EU citizens after Brexit day, 29 March 2019. However, each State (Land) is responsible for the process for naturalisation. In light of the complex nature of German law, all applicants should seek independent legal advice from a German lawyer before proceeding with any citizenship application. The number of British nationals applying for Irish citizenship rises significantly since 2016 vote. Can you have dual citizenship in Germany? Following Brexit, this exemption will not include British citizenship, unless an exceptional agreement were to be reached. The right of as… To qualify for German citizenship by naturalisation, you need to meet the following criteria: You have lived in Germany on a lawful residence permit for more than eight years. Therefore, German citizens who live in the UK have been able to acquire British citizenship while remaining citizens of Germany. contact us German law on nationality and citizenship is rather complex. As of 2000, “ius soli” also applies, which means a child born in Germany automatically receives German citizenship, even if both parents have foreign citizenship. You can find your office via the following link:  https://www.bamf.de/DE/Service/ServiceCenter/BeratungVorOrt/Auslaenderbehoerden/auslaenderbehoerden-node.html. You are able to support yourself and your family financially without relying on unemployment benefit … 1 BrexitÜG. In this situation, German citizenship must be surrendered upon becoming British. So there are differences between the countries. Eager to create my own ‘exit from Brexit’, I applied for German citizenship by descent (the ‘jus sanguinis’ principle). Eight years of residence are usually required for naturalisation, … My school friends often gave me a sideways glance. If neither parent is German, there are some important additional requirements. In these cases, the child will also be entitled to take the nationality of the parents. At least one of the foreign parents must have been permanently resident in Germany for at least eight years and – for children born on or after 28 August 2007 – the parent must also possess indefinite leave to remain in Germany. As such, if a German national residing in the UK, who holds indefinite leave to remain or Settled Status, has made a successful application to naturalise as a British citizen prior to 31 December 2020, they may be able to hold dual German and British nationality. Since the Brexit referendum in June 2016, 31600 British nationals have been granted German citizenship up to 2019. 2019 UK in DE naturalisation numbers released, Latest: Residency in Germany after transition, S1 Healthcare holders need new EHIC cards, Withdrawal Agreement and Transition for UK citizens in Germany, Driving in Germany after Brexit Transition, British & EU citizens’ groups across Europe, https://www.bamf.de/EN/Themen/Integration/ZugewanderteTeilnehmende/Einbuergerung/einbuergerung.html, https://www.bamf.de/DE/Service/ServiceCenter/BeratungVorOrt/Auslaenderbehoerden/auslaenderbehoerden-node.html. Please note: Loss of citizenship can be avoided by obtaining a special permit (“Beibehaltungsgenehmigung”)before you are naturalized in a foreign country. German law states that dual citizenship should usually be avoided. If you already obtained German citizenship whilst the UK was a member of the European Union or during the Transition Period, then the rules that were valid at the time you obtained your citizenship apply. So if you think you meet the conditions and would like to get dual citizenship, now is the time to act. Having German citizenship gives you rights and freedoms that non-citizens do not have. In Germany, a person with foreign citizenship in addition to his/her German citizenship (a multiple national) has exactly the same rights as all other German citizens. Children born to foreign parents in Germany before 1 January 2000 did not acquire German citizenship and cannot retroactively apply for ci… Since 28 August 2007, Germany has allowed its nationals to acquire the citizenship of another EU country (or Switzerland) without requiring any form of permission or forfeiting their German nationality. Please note, however, that the original German version is the only legally valid text. §3 Naturalisation of British and German citizens. StAG no longer applies. A decision about whether you would like to apply for German citizenship is personal. This exception applies both ways and, conversely, British citizens who live in Germany have been able to apply for German citizenship and have not been required to give up their British citizenship by the German authorities. Certain UK citizens will be able to protect their rights by getting German citizenship. Follow. This is only available if you have German citizenship. This is one of the few exemptions that will allow German nationals to hold dual citizenship. German law states that dual citizenship should usually be avoided. German law states that prior to acquiring another citizenship, a German national has to obtain permission from the relevant German authorities, and if such permission is not given, their German citizenship will be lost. You can keep both and after the Transition Period has ended you will not have to choose one over the other. These photos were taken just one year ago, working with the EU Investment Fund in Luxembourg delivering Media training. please There’s good news if you already have dual British and German citizenship. The following information is intended to provide a general guide and answer questions you might have. Germans who wish to obtain citizenship of a non-EU country have to apply for a Beibehaltungsgenehmigung (permit to retain German citizenship) to … Dual Citizenship – Will Germans Be Allowed To Maintain Their Citizenship If They Naturalise As British Citizens After 31 December 2020? The requirements for obtaining citizenship of an EU country are decided by each individual country rather than at EU level. This puts some restrictions in your status, and that is why so many permanent residents of Germany seek to get citizenship. However, there are some exceptions, for example, for EU citizens. German nationality law is the law governing the acquisition, transmission and loss of German citizenship. If you are married to or in a registered partnership with a German citizen then a shorter residence period is required. British citizenship, on the other hand, grants the person who has it the full rights of a British national. My identity is and remains European.
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