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- เผยแพร่เมื่อ 31 ต.ค. 2021
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Recent changes to German citizenship legislation, now allow people to acquire citizenship by declaration. Essentially, declaration allows people to gain citizenship through their maternal ancestry, even if they married a foreign national. Curious about it? Find out more with Emilie Pause, Polaron’s Project and Client Liaison Officer for German citizenship, and Eva Hussain, Polaron’s director and founder.
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You say this does not apply to those born to German fathers but this is what is on one of the German Consulat sites. So which is it?
Acquisition of German citizenship by declaration
The Fourth Act Amending the Nationality Act, which entered into force on 20 August 2021, has created a ten-year right of declaration (Section 5 of the Nationality Act), granting children born to a German parent after 23 May 1949 (entry into force of the Basic Law) who, under the version of the Reich and Nationality Act valid at the time of their birth, were excluded in a gender-discriminating manner from acquiring German citizenship by descent at birth have the option of obtaining German citizenship by making a simple declaration to the competent citizenship authority. The option of acquisition by declaration also applies to their descendants.
The group of persons affected includes
children born after 23 May 1949 to a German parent who did not acquire German nationality by birth (children born in wedlock prior to 1 January 1975 to a German mother and a foreign father or children born out of wedlock prior to 1 July 1993 to a German father and a foreign mother),
children born after 23 May 1949 to a mother who lost her German citizenship through marriage to a foreigner pursuant to Section 17 (6) of the Reich and Nationality Act (old version) before the birth of the child prior to 1 April 1953,
children born after 23 May 1949 who lost their German nationality acquired by birth through legitimation effected by a foreigner and valid under German law pursuant to Section 17 (5) of the Reich and Nationality Act (old version) prior to 1 April 1953, and
descendants of the children in paragraphs 1 to 3.
Persons who are habitually resident abroad can submit the declaration directly to the Federal Office of Administration or to their competent mission abroad. It will take effect upon receipt by the competent nationality authority (i.e. the Federal Office of Administration in the case of persons resident abroad) if all other conditions are fulfilled.
Acquisition of the German citizenship by declaration does not require you to give up your current citizenship. This means, you can retain your present citizenship if that is allowed under the laws of your home country.
IMPORTANT: Whether you can retain your current citizenship solely depends on the laws of the country whose citizenship you presently hold. Please inform yourself well in time by contacting the relevant authorities before lodging a declaration under the a.m. regulation, to find out if acquiring the German citizenship by declaration has any effects on your present citizenship.
The German missions abroad are not in a position to give binding advice on foreign law.
If you hold the South African citizenship, however, please note that Section 6 of the South African Citizenship Act should be applicable. In accordance with its Subsection 1 you automatically lose the South African citizenship if acquiring the German citizenship by declaration under Section 5 (German) Nationality Act, if you are not a minor and at the time of making the declaration do not possess a letter of retention in accordance with Section 6 Subsection 2 of the South African Citizenship Act.
Thus you should only file your application for acquisition by declaration once you hold such a letter of retention in your hands or -if you have the citizenship of another country- have made sure to avoid losing that citizenship.
If you are allowed to retain your present citizenship(s) then you will become dual or multiple citizen by acquiring the German Citizenship.
Detailed information on acquisition by declaration and the relevant forms can be found on the website of the Federal Office of Administration
I qualify. Awesome! The LDS church has all my ancestry.
My mother was born in America. Her parents (my grandparents) were born in America but they are born to German parents. Their German parents (my great-grandparents) immigrated, or fled, to America in 1890s, I believe. I don't suppose that allows me to meet the criteria does it?
Are there language requirements for declaration?
Hello, great question! The German authorities prefer to communicate in German, however, the documentation itself can be submitted in either German or English.
For all other related inquiries, please contact us here: polaron.com.au/contact-eu-services/
Hi, on the application it asks for Current certificate of good conduct/police clearance certificate issued by your country of residence." I live in the US. Can you clarify what is an acceptable document to satisfy that requirement?
Hi Ar Nalani, thank you for reaching out to Polaron. I am not sure which application you are referring to, but normally you are able to obtain a police clearance either online or at your local police station.
@@Polaron Thank you. I contacted the German Embassy and they clarified that an FBI background check is the only acceptable certificate to validate good standing.