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Introduction to Dual Nationality

Our clients often ask what acquiring German citizenship actually means. The most frequent questions that consistently arise:

  • Can I keep my current citizenship and still become German?
  • Will there be tax implications on assuming German citizenship?
  • Would any of my children have to serve in the German military?
  • Can my spouse also naturalize? What if we all wanted to move to Germany/the EU?

Here’s a general guide to help explain the implications of dual nationality. First, let’s address the questions above:

Can I keep my current citizenship and still become German?

Generally speaking, the Germans take issue with dual nationality. Although changes have been made in June 2024, for people living outside of Germany is still mainly accepted under special circumstances.

However, the restoration of citizenships lost due to Nazi persecution under Art. 116 II GG or the compensatory naturalization for German residence given up due to said persecution under section 15 of the German Citizenship Act and even the declaratory naturalization under section 5 of said act are such exceptions.

In contrast to applying for regular, (non -persecution related) German citizenship that could require surrendering your current citizenship, restoring citizenship under Article 116 II GG or sections 15 or 5 of the German Citizenship Act do NOT require any such surrender. These exceptions are deemed compensation for the injustice caused by the Nazis, or, for section 5 of the Citizenship Act, for discrimination of women and their rights to pass on citizenship and you are fully permitted to keep any citizenship/s held at the time of receiving your German one.

From the standpoint of the countries of your current citizenship, we have evaluated the subject based on UK and US-nationality and currently confirm neither countries object to multiple nationalities, as seen here for the UK and here for the USA. Having said that, our clients holding South African citizenships for example, have to apply for a permit of retention prior to accepting a German naturalization certificate. So this is very much country dependent and if in doubt, you should have this verified by a specialist on the laws of your current nationality.

Please also note that once German citizenship is restored, you risk losing it again, should you apply for yet another country’s citizenship. Should this become relevant, a petition to retain your German citizenship should have been granted prior to obtaining any additional citizenship. The application can be filed via your local German embassy or consulate.

Are there tax implications on obtaining German citizenship?

GCR cannot provide tax consultancy services. Therefore, the following is not in lieu of advice from a tax consultant.

Principally, in order to be liable for taxation in Germany, you would have to be a German resident for tax purposes, i.e. have your ordinary place of residence in Germany. Otherwise, you may be liable for “limited taxation”, which essentially means that you pay taxes on revenues incurred in Germany only.

Will any of my children have to serve in the German military?

Currently there is no compulsory military service in Germany. Formerly, it was mandatory only for German residents. Therefore, it is highly unlikely that non-residents would be called to service should mandatory military service be reintroduced.

It is important to note, once naturalized, Germans citizens can lose their citizenship if they volunteer to serve in the army of another nation. Should this become relevant, feel free to contact us prior to acting for advice on how to try and retain your German citizenship.

Can my spouse also naturalize? What if we all wanted to move to Germany / the EU?

Whilst the process of citizenship restoration does not include spouses, in case of a relocation to Germany or any other EU country, it will be much simpler for spouses to obtain a residence permit.

After a certain time spent in Germany, it is possible to naturalize on the grounds of being married to a German citizen. However, under these circumstances, one may have to surrender existing citizenships, according to regulations of acquiring citizenship through the “non persecution route” mentioned above.

Important to know

Once citizenship is restored, if you wish to enter and exit Germany, you are required to use a German passport once such has been issued to you. When entering and exiting the country of your original citizenship, you will have to show that passport at the border control.

Also, when in the country of your original citizenship, the German embassy cannot provide assistance or protection, be it legal or otherwise. Likewise, the US, UK embassy or embassy of any third country you have citizenship of, cannot provide any assistance or protection whilst you are in Germany.

Should you require assistance in a third country, feel free to seek assistance from the embassy of your choice.

 

We hope that the above serves to ease your understanding of acquiring German citizenship. Should you have further questions, please don’t hesitate to contact us –

info@germanpassport.co.uk / +44 208-066-9900

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