German nationality law

Nationality Act Staatsangehörigkeitsgesetz
Reichstag
Citation	RGBl at 583, revised as BGBl III at 102-1
Territorial extent	Germany
Enacted by	13th Reichstag
Enacted	22 July 1913
Commenced	22 July 1913
Administered by	Federal Office of Administration
Related legislation
Reich Citizenship Law Federal Expellee Law
Status: Amended

German nationality law details the conditions by which an individual holds German nationality. The primary law governing these requirements is the Nationality Act, which came into force on 22 July 1913. All German nationals are citizens of the European Union (EU).

Any person born to a married German parent is typically a German national at birth, regardless of the place of birth. Children of unmarried German fathers must have legally acknowledged paternity to acquire German nationality. Individuals born in Germany to two foreign parents may also receive German nationality at birth if at least one of their parents has lived in the country for eight years and is entitled to live in the country indefinitely (meaning any person with a settlement permit, or citizenship of another EU country or Switzerland).

Foreign nationals may naturalise after residing in Germany for at least eight years and demonstrating knowledge in the German language. Although non-EU/Swiss naturalisation candidates are expected to renounce their previous nationalities, the majority are granted permission to retain their old statuses.

History

See also: History of Germany

Decentralised development

See also: Holy Roman Empire and Napoleonic Wars

The Holy Roman Empire in 1789

The German Confederation in 1815

The German Empire in 1914

Germany lacked a strong central authority for much of its history. Consequently, regulations on nationality and citizenship developed at an uneven pace among the numerous Holy Roman vassal realms and German states with inconsistent rules.

Until the early 19th century, German lands constituted the core part of the highly decentralised Holy Roman Empire. Each of the roughly 1,800 individual political entities within the Empire had varying (or non-existent) definitions on who they considered to be members of their polity. "Citizenship" in this context was tied to a person's settlement in a particular municipality and individuals found outside of their ordinary places of residence could be deported to other parts of imperial territory.

The modern concept of citizenship, as a formal and legal relationship between an individual and a state that confers privileges to holders and a status that persists beyond continued territorial residence, emerged during the French Revolution. Following the dissolution of the Holy Roman Empire in 1806, this model of citizenship was imported into the German territories that became part of the French-led Confederation of the Rhine, though any applicable legislation from this period was repealed in the 1810s shortly after French defeat in the Napoleonic Wars. Outside of this Confederation, Austria enacted its first codified regulations based on the modern citizenship concept in 1811.

As a result of the Congress of Vienna, the German Confederation was created in 1815 as a permanent replacement for the Holy Roman Empire and included virtually all of the former Empire's territory. This political structure was not a federal state and sovereign power remained with the 38 individual member states. Each state continued to hold jurisdiction over citizenship, but the vast majority of them passed no specific codified laws on the subject until the mid-19th century. Prussia enacted its first citizenship law in 1842. Other than through naturalisation, Prussian citizenship was only passed by descent from a Prussian father (or mother, if the parents were unmarried).

Confederal policy alignment

See also: German Confederation

Any applicable contemporary legislation in the Confederation was inconsistent among the states and generally ineffectual at determining the citizenship of a particular person. State regulations often assumed the existence of some type of citizenship that a child would inherit from their father at the time of their birth. However, any person born in the 18th century who would have been a citizen of an area of the Holy Roman Empire that no longer existed as a political entity would have had an undefined status in state law.

Conversely, every state had concluded by the 1820s at least one treaty with some or all other members of the Confederation that detailed the deportation of undesirable persons without state citizenship and process of "implicit naturalisation". A German who resided in another state for at least 10 years was considered to have been naturalised implicitly in their new place of domicile. An implicitly naturalised father would have automatically passed his changed citizenship status to his entire family. In seven states, this process was extended to any alien who fulfilled the minimum residence requirement. These interstate treaties additionally clarified the position of persons with unclear status, who were granted the contemporary existing citizenship of their birthplace (if that was uncertain, then the place where they were found). Germans lost their state citizenship if they departed with the intent to reside elsewhere permanently, obtained formal permission to emigrate, or continuously resided outside of their home state for at least 10 years.

Theoretically, the Constitution of the German Confederation created a common German nationality. Article 18 of the document detailed a set of basic rights for every German; any subject of a German state was entitled to freely purchase property in any part of the Confederation, emigrate to other states willing to admit them, enlist in another state's armed forces or civil service, and were exempt from a tax on emigration. In practice, the member states did not permit Germans from other states to freely immigrate into their territories, rendering these constitutional rights generally moot. The Frankfurt Parliament expanded on this idea of a unified German citizenship; any state citizen of the short-lived 1848-1849 German Empire was also a German citizen, and all German citizens held the same rights as citizens of any German state.

Multilateral negotiations among the states resumed after the German Confederation was reconstituted in 1849. Prussia and 20 other states agreed on the Gotha Treaty in 1851, which lowered the residence requirement for implicit naturalisation to five years and introduced a formal distinction between emigration to other German states and emigration to jurisdictions outside of the Confederation. All German states had acceded to this treaty by 1861.

Unification and imperial law

See also: Unification of Germany and German Empire

Even after unification in 1871, each German state maintained a separate citizenship. A citizen of any state was also a citizen of the German Empire.

The Confederation was dissolved in 1866 as a consequence of the Austro-Prussian War. Prussia formed a new union, the North German Confederation, consisting of all the German states north of the Main. The remaining southern states (excluding Austria-Hungary) were independent until their accession to the union during the 1870 Franco-Prussian War. Prussia's 1842 citizenship law served as the basis for federal citizenship regulations, which were adopted that same year. The United States negotiated during this time a set of individual Bancroft Treaties with the North German Confederation, Baden, Bavaria, Hesse, and Württemberg for mutual recognition of each other's naturalised citizens.

Following North German victory against France, the Confederation was reformed into the German Empire in 1871. International bilateral agreements with the southern German states became superseded by imperial law. In the annexed region of Alsace–Lorraine, residents were allowed a choice between German and French citizenships. Individuals electing to remain French were required to permanently depart for France by 1 October 1872.

State citizenship remained principally important in almost all of Germany; imperial citizenship was held by virtue of holding state citizenship, which continued to be acquired in separate processes per state, and German passports listed a holder's nationality as Prussian, Bavarian, Saxon, or whichever label was applicable. However, because Alsatians, Lorrainers, and white residents of German colonies were not domiciled in a federal state, they were simply "German". Colonial subjects (who held an unclearly defined legal status as Schutzgebietsangehörige) at large were never granted German citizenship, and any children of mixed-race heritage had to be officially approved for "European" status, subject to detailed examination of an applicant's heritage, education, professional background, and social standing.

The concept of a German citizenship based on ethnicity and descent became a core principle in the 1913 German Imperial and State Citizenship Law (Reichs- und Staatsangehörigkeitsgesetz). While prior regulations had maintained preexisting models of state membership through residency, this law made descent from German heritage the primary qualification for citizenship. Before 1913, Germans who lived abroad for more than 10 years were automatically deprived of their citizenship but after this reform, any former citizen who remained living overseas (as well as any of their descendants) to apply for German citizenship with no specific requirements. Individuals who became citizens in this way were granted "direct imperial citizenship" rather than citizenship of any particular state. Germans could still be automatically denaturalised after extended residence overseas, but this could be avoided by registering for continued citizenship at a German consulate.

Interwar and Nazi Germany

See also: Weimar Republic, Nazi Germany, Anti-Jewish legislation in pre-war Nazi Germany, and Nuremberg Laws

The Weimar Republic in 1930

Nazi Germany in 1938 after annexing Austria

Germany before the Second World War in 1939

Germany's rapid incorporation of neighbouring territories in the 1930s added a large number of new German citizens.

After its defeat in the First World War, Germany lost control of several territories. France regained Alsace–Lorraine and all residents who had been French before 1870, as well as their descendants, automatically reacquired French citizenship. However, any person descended from a German father or grandfather who was not previously French did not qualify for automatic reacquisition and were required to naturalise. Any person domiciled in Northern Schleswig on 15 June 1920 gained Danish citizenship, but could opt for reversion to German citizenship provided that they elected to do so before 1923 and resettled in Germany within 12 months of their choice. Similarly, Germans who remained living in newly independent Poland and the Free City of Danzig became Polish and Danziger citizens.

The 1919 Weimar Constitution reiterated the same basic principles for citizenship as in the 1913 law while additionally providing citizens with basic entitlements for protection by the government within and without Germany, and shielding them from extradition to foreign countries. As the country transitioned into a unitary state under Nazi rule in 1933, state citizenship was abolished. The new regime enacted the 1933 Denaturalisation Act which enabled the selective revocation of citizenship from any person considered "undesirable" who had naturalised between 1918 and 1933. Although the Interior Minstry announced that this measure would first be implemented with the approximately 150,000 Jews from eastern Europe who were living in Germany at that time, the vast majority of these Jews had encountered great difficulty in naturalising under the Weimar government, meaning that they were not actually affected by this change because they remained foreign citizens. This change instead affected political dissidents who fled Germany after Hitler's rise to power, who subsequently had their citizenship revoked.

In the subsequent years, Jews were progressively excluded from participation in German society with ever more restrictive regulations prohibiting their activity in core sectors of the economy. This culminated with the enactment of the 1935 Reich Citizenship Law, which created a tiered citizenship hierarchy; members of the Aryan race became Reich citizens (Reichsangehörige), who held an elevated status over existing state citizens (Staatsangehörige, also translated as "state subjects" in this context). Although Reich citizenship technically held no special privileges and Jews remained state citizens who were entitled to state protection in theory, this law provided the legal basis for further depriving Jews of their civil and political rights. Further regulations in 1940 automatically removed state citizenship from individuals who became domiciled abroad; concentration camps were defined as "abroad".

Austria was integrated into the German state following Anschluss on 13 March 1938. Austrians retained their existing citizenship until 3 July 1938, when all Austrians were granted German citizenship, regardless if they were domiciled in the country or not. Austrian nationality law was fully abrogated and replaced by German nationality law on 30 July 1939.

The Eleventh Decree to the Law on the Citizenship of the Reich of 25 November 1941 stripped Jews of their remaining rights, and also ruled that Jews living in other countries were no longer German citizens, and their passports were no longer valid.

Divided Germany

See also: West Germany and East Germany

The Nazi amendments of 1934, the Nuremberg Laws of 1935, the Eleventh Decree, and other Nazi laws were revoked by Allied occupational ordinance in 1945, restoring the 1913 nationality law, which remained in force until the 1999 reforms. On 27 April 1945, after the defeat of Nazism, Austria was re-established and conferred Austrian citizenship on all persons who would have been Austrian on that date had the pre-1938 nationality law of Austria remained in force. Any Austrians who had held German nationality lost it. Also see Austrian nationality law.

During the Cold War, East German authorities established a new citizenship law in February 1967 which superseded the Nationality Law of 1913. However, the West German government continued to recognize that citizens of East Germany were automatically citizens of the Federal Republic of Germany, although this conflicted with the laws of East Germany. Citizens of East Germany were entitled to West Germany passports even without permanent relocation.

Article 116(1) of the German Basic Law (constitution) confers, subject to laws regulating the details, a right to citizenship upon any person admitted to Germany (in its 1937 borders) as a "refugee or expelled of German ethnic origin or as the spouse or descendant of such a person." Until 1990 ethnic Germans living abroad in a country in the former Eastern Bloc (Aussiedler) could obtain citizenship through a virtually automatic procedure. From 1990 the law was steadily tightened each year to limit the number of immigrants, requiring them to prove language skills and cultural affiliation.

Article 116(2) entitles persons (and their descendants) who were denaturalised by the Nazi government to have German citizenship restored if they wish. Those among them who take up residence in Germany after 8 May 1945, are automatically considered German citizens. Both regulations, (1) and (2), allowed many Poles and Israelis, still residing in Poland and Israel, to be concurrently German citizens.

Post-reunification policies

Because Germany forms part of the European Union, German citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament. When in a non-EU country where there is no German embassy, German citizens have the right to get consular protection from the embassy of any other EU country present in that country. German citizens can live and work in any country within the EU and EFTA as a result of the right of free movement and residence granted in Article 21 of the EU Treaty.

German citizens can be extradited only to other EU countries or to international courts of justice, and only if a law allows this (German Basic Law, Art. 16). Before the introduction of the European Arrest Warrant, the extradition of German citizens was generally prohibited by the German Basic Law.

Acquisition and loss of nationality

Children born within Germany automatically receive German nationality at birth if at least one married parent is a German national. Individuals born overseas to at least one married German parent are also German nationals, unless that parent was born after 31 December 1999 and is ordinarily resident in a foreign country; they may alternatively acquire German nationality if they would otherwise be stateless or their births are registered at a German diplomatic mission before their first birthday.

Before 1975, only children of married German fathers and unmarried German mothers received citizenship at birth; German mothers married to non-German men did not pass citizenship to their children. Children of unmarried German fathers born since 1993 must have their paternity formally established; those born before 1993 were additionally required to have claimed citizenship before age 23 and must have been resident in Germany for three years at the time of application.

Children born in the country to two foreign parents since 1 January 2000 automatically receive citizenship at birth if at least one parent has habitually resided in Germany for at least eight years and possesses indefinite permission to remain. This usually means holding a settlement permit. EU citizens are automatically granted right of permanent residence after living in the country for at least five years. Children born in Germany to such parents between 1990 and 1999 also qualified for citizenship, provided that their parents had registered them for that status by the end of 2000. Minor children who are adopted by German citizens within the country receive citizenship at the time of adoption, while those who are adopted outside of Germany (regardless of age) may acquire citizenship at governmental discretion.

Children with multiple nationalities are required to choose between their German and foreign statuses before the age of 23 unless they have eight years of residence in Germany before age 21, attended a German school for six years, graduated from a German school, or completed vocational education in the country. Dual nationals who fail to make this choice are automatically stripped of their German nationality. If they declare their intention to retain German nationality, they are required to prove the loss of their foreign statuses by the age of 23, or may apply for permission to retain their other nationalities before age 21.

Naturalisation

Foreigners may naturalise as German citizens after residing in the country for at least eight years and possessing right of permanent settlement. This usually means holding a residence permit or citizenship of an EU/EEA country. Applicants must demonstrate proficiency in the German language, pass a citizenship test, declare loyalty to a free and democratic system, prove their self-sufficiency without state assistance, hold no criminal record, and renounce any previous nationalities. Persons convicted of racist, antisemitic, or xenophobic acts are permanently barred from naturalisation.

The requisite period of residence may be reduced to seven years for applicants who successfully complete an integration course or three years for spouses of German citizens who have been married for at least two years. Citizens of other parts of the EU and Switzerland are exempt from renouncing their previous nationality, and the requirement may be waived for those who cannot renounce their foreign status or would undergo significant hardship in doing so. About 110,000 people naturalised as German citizens in 2020, with over 63 per cent of them retaining their previous nationalities.

Loss of nationality

German nationality can be relinquished by making a declaration of renunciation, provided that the declarant already possesses or is in the process of obtaining another nationality. German children who are adopted by foreigners and acquire the nationality of their new parents automatically cease to be German at the time of adoption. It is also automatically lost when an individual voluntarily acquires a foreign citizenship even if that person remains domiciled in Germany, unless prior govermental permission is granted to retain German nationality or the new citizenship is that of another EU country or Switzerland.

Citizenship may be stripped from a person who fradulently acquired it within 10 years of that person having become a German citizen, or from dual nationals who engage in terrorist activities at any time or voluntarily serve in foreign armed forces without prior permission from the government. Since 6 July 2011, this permission is automatically granted to dual nationals of Australia, Canada, Israel, Japan, New Zealand, South Korea, the United States, and other EU/EFTA or NATO countries who serve in the militaries of their alternate nationalities.

Special acquisition for ethnic Germans from eastern Europe

See also: Federal Expellee Law

Ethnic German refugees who were displaced as a result of the Second World War are eligible for special resettlement and nationality acquisition. The Federal Expellee Law defines a qualifying person as any ethnic German who was domiciled in the former eastern territories of Germany, or in any area outside of pre-1938 German borders and were deported or forced to flee. This right to citizenship extended to any descendants of an ethnic German, as well as their spouse. Over 1.4 million people from Eastern Bloc countries resettled in Germany under these provisions between 1950 and 1987. After the dissolution of the Soviet Union, special admission of ethnic Germans was restricted in 1993; applicants were subject to a German language requirement and an entry quota of 225,000 people, which was later reduced to 100,000 in 2000. The ethnic German legal status itself became limited to people born before 1993, effectively ending future resettlement.

Reclamation of nationality revoked under Nazi rule

See also: Nuremberg Laws

Any person who had their citizenship revoked between 30 January 1933 and 8 May 1945 on political, racial, or religious grounds, and their direct descendants, are entitled to reclaim German citizenship. Until 2019, applicants qualified only if the primary claimant to German citizenship had that status rescinded through the 11th Decree Implementing the Reich Citizens Act (which stripped citizenship from all Jews domiciled abroad on 27 November 1941) or individually deprived under the 1933 Act on Revocation of Naturalisations and Deprivation of German Citizenship. These restrictions had prevented nationality restoration to: descendants of formerly German married women or unmarried fathers, children adopted before 1977 by qualified former German citizens, descendants of women who involunarily lost German nationality after fleeing the country and marrying foreign men, and descendants of former Germans who applied for nationality renunciation before being stripped of their status. These limitations were relaxed by ministerial decree by the Federal Ministry of the Interior and Community, and fully lifted when codified into legislation in 2021.

Citizenship by declaration

As of 20 August 2021, persons born after the Basic Law came into force who were affected by the former gender-discriminatory regulations on descent, and for their descendants, the new provision in the German Nationality Act provides a ten-year period during which they may acquire German citizenship by way of simple declaration. This applies to children of a German parent who did not acquire German citizenship from him or her, children of a mother who, prior to their birth, lost her German citizenship by marrying a non-German, children who lost their German citizenship acquired through birth as a result of legitimation, as their German mother married their non-German father after their birth, and their descendants.

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External links

• Federal Office for Migration, Refugees, and Integration (in German)