German civic legislation is the law governing the acquisition, transmission, and loss of German citizenship. The law is based on a mixture of juicy sanguinis principles and soli juice . In other words, a person usually obtains German citizenship if the parent is a German citizen, regardless of place of birth, or by birth in Germany to a parent with foreign citizenship if certain conditions are met. Naturalization is also possible for foreign nationals after six to eight years living in Germany. However, non-EU and non-Swiss citizens usually have to abandon their old nationality before being naturalized in Germany. Other EU and Swiss citizens can usually retain their old nationality. Some EU countries do not allow double citizenship even with other EU countries. Germans wishing to obtain non-EU or non-Swiss citizenship and to retain their German citizenship must apply for permission ( Beibehaltungsgenungmigung ) before obtaining any other nationality, or they will automatically lose their German nationality when they obtaining foreign citizenship. For details, see the dual Citizenship section below.
Significant reforms of the citizenship law were passed by the German parliament in 1999, and came into force on 1 January 2000. The reformed law makes it somewhat easier for foreigners living in Germany on a long-term basis, and especially their children were born in Germany, to obtain German citizenship.
The German citizenship law was previously dated from 1913. The nationality law was amended by the Nuremberg Law of Nazi Germany; this amendment was lifted after the defeat of Nazism by Allied Allied Ordinance during World War II in 1945. Germany ratified the European Convention on Nationality, which came into force in Germany on September 1, 2005. All Germans are automatically also citizens of the European Union.
Video German nationality law
History
Prior to the formation of the German Empire in 1871, the states that were part of the empire sovereigned with their own citizenship laws, which in the south (mainly Bavaria) were quite liberal. The Prussian citizenship law can be traced back to "The Law of Respect for Acquisition and Loss of Quality as a Prussian subject, and Entry into Foreign Citizenship" on December 31, 1842, which is based on the principle of juice sanguinis. The Prussian law became the basis of the German Empire's legal system, even though the citizenship law of the state continued to prevail, and a German citizen was a citizen of one of the states of the German Empire.
On July 22, 1913, the German and State Imperial Laws of the Empire ( Reichs- und StaatsangehÃÆ'¶rigkeitsgesetz , abbreviation: RuStAG) specified German citizenship, either derived from the citizenship of one of the component states or obtained through the central government of the Reich.
Under the Third Reich, in 1934, German citizenship laws were changed to abolish separate state citizenship and create a uniform citizenship of the Reich, with Reich central authorities in power to grant or withdraw German citizenship. In 1935, the Reich Citizenship Law ( ReichsbÃÆ'¼rgergesetz ), the second from Nuremberg Law, created a new category called "state subject" ( StaatsangehÃÆ'¶rige ) where the Jews were assigned, thereby withdrawing the citizenship of the citizen Jews; only those classed as "German or blood related" who retain Reich's citizenship.
On 13 March 1938 German citizenship law was extended to Austria after the Anschluss annexed Austria to Germany. On 27 April 1945, after the defeat of Nazism, Austria was re-established and granted Austrian citizenship to all who would become Austria on that date if the Austrian citizenship law of 1938 remained in force. Every Austrian who has German citizenship lost it. Also see Austrian citizenship law.
The Nazi Amendment of 1934 and the Nuremberg Law of 1935 were revoked by the Allied legislation in 1945, restoring the national law of 1913, which remained in effect until the 1999 reform.
Article 116 (1) of the Constitution of the Constitution grants, subject to the laws governing the details, the right to citizenship of any person accepted in Germany (within the limits of 1937) as "refugee or expellee of ethnic origin of Germany or as a spouse or descendants of such a person. "Until 1990 the Germans living abroad in a country in the former Eastern Bloc (Aussiedler) were able to obtain citizenship through an almost automatic procedure. From 1990 the law continued to be tightened every year to limit the number of immigrants, requiring immigrants to prove their language skills and cultural affiliations.
Article 116 (2) gives people the right (and their descendants), naturalized by the Nazi government, to be naturalized if they so desire. Those among them, who after May 8, 1945 living in Germany are automatically considered German citizens. Both regulations, (1) and (2), allow a large number of Poles and Israelis, who live in Poland and Israel, to become German citizens simultaneously.
Maps German nationality law
Born in Germany
Children born on or after January 1, 2000 for non-German parents get German citizenship at birth if at least one parent:
- has a permanent resident permit and
- has been in Germany for at least eight years.
To retain German citizenship, such children were required to take affirmative action at the age of 23, after which their German nationality was expired. These affirmative steps may include evidence of applicant links to Germany, as evidenced by at least one of the following:
- lived in Germany for at least eight years during their first 21 years of life
- have attended school in Germany for at least six years
- has graduated from school in Germany
- successfully completed vocational/professional training in Germany
This requirement is met in most cases. If they are not met, the applicant may alternatively prove that he or she has no foreign nationality other than in an EU member country or a nation such as Morocco, Nigeria, or Iran whose domestic law provides that his nationality can not be lost..
Parents who are citizens of the European Economic or Swiss region are entitled to a permanent residence permit after five years.
Descendants of German parents
A person born of a parent with a German citizen at the time of childbirth is a German citizen. Place of birth is not a determining factor of citizenship based on heredity.
- Those born after January 1, 1975 are German if their mother or father is a German citizen.
- Those born before January 1, 1975 can usually claim only German citizenship from father and not their mothers. Exceptions include cases where a parent is not married (in which case a German mother may pass on citizenship) or where a German mother submits an application for a child to be registered as a German on or before 31 December 1977.
- Special rules exist for those born before 1 July 1993 if only the father is German and not married to the mother. The father must admit father and must marry his mother before July 1, 1998.
- A child born in a foreign country will no longer automatically accept German citizenship from birth, if his German parents were born after 31 December 1999 in a foreign country and have their primary residence there. Exceptions are:
- The child will be stateless.
- German parents record the birth of a child within a year of birth to a responsible German agent abroad.
- In the case of both parents being German citizens, German citizenship will not be automatically transmitted, if both parents are born overseas after 31 December 1999 and have their primary residence outside Germany. The exceptions are the same as above.
- Those born in Germany and adopted to a foreign country need to contact their local German Consulate for clarification of German citizenship.
People who are German on the offspring of German parents should not apply to retain German citizenship at the age of 23 years. If they get another citizenship at birth, they can usually continue to hold this.
Adoption
A child who is adopted by a German citizen becomes German automatically if the age is less than 18 years on the date of the adoption application is made. So dual citizenship is given.
Naturalization as a German citizen
Naturalization with rights
A person who fulfills all the following criteria has the right to be a naturalist as a German citizen:
A person who does not have the legal capacity has the right to become a naturalist as a German citizen only through ordinary residence in Germany for at least 8 years - he does not have to meet other criteria (eg adequate German command and ability to become self-sufficient without assistance for profit).
Applicants for naturalization are usually expected to prove that they have abandoned their existing citizenship, or will lose it automatically after naturalization. Exceptions apply to those who can not easily hand over their citizenship (such as refugees). Further exceptions apply to Swiss citizens and EU Member States.
A person who has the right to become a naturalist as a German citizen can also apply for his spouse and little children to be naturalized at the same time (his spouse and small children need not stay in Germany for at least another 8 years).
Exceptions to ordinary residence requirements include:
- the person who has completed the integration course may have residential terms reduced to 7 years
- If someone indicates that he or she is well integrated and has a higher level of German than the basic requirements for German citizenship (ie, higher than CEFR level B1) may have residential terms reduced to 6 years
- Couples from German citizens can be naturalized after 3 years of continuing in Germany. Marriage must last at least 2 years.
- Refugees and stateless persons may be able to apply after 6 years of continuous stay
- a former German citizen
There are special provisions for victims of Nazi persecution and their offspring.
Naturalization at discretion
An individual who usually resides outside can be naturalized as a German citizen if he can show a sufficient relationship with Germany justifying his youth.
Victims of Nazi persecution
Under Article 116 of the German constitution, known as the Constitution, anyone who has their German nationality is deprived of during the Nazi regime because "political, racial or religious reasons" can regain citizenship. This Article also includes the descendants of the Nazi victims, and does not require that they submit citizenship from their new home country.
This does not apply to those born before 1953 to a German Jewish mother: Although the law which states that German citizenship passes only through the father changed in 1953, this is not receded.
The law provides that the offspring of those whose citizenship is repealed are entitled to re-naturalization only if "the following hypothetical question can be answered with a 'yes': Is the principal claimant of naturalization claims not seized from his German citizenship, will his offspring obtain citizenship on the basis of birth according to law applicable German citizenship? "
The so-called "German citizenship law" states that "Children born in marriage between 1 January 1914 and 31 December 1974, acquire German citizenship only if their father is a German citizen at the time of their birth." Some waivers were granted for "Children born in marriage between 1 April 1953 and 31 December 1974 for a German mother and a non-German father" - but not for those born earlier.
See also German Citizenship Project.
Children born in Germany
Under the transitional arrangements of the 1999 reforms (effective January 1, 2000), children born in Germany in 1990 or thereafter, and will be Germans who have a law change at that time, are entitled to be naturalized as German citizens.
- Applications for naturalization are required on December 31, 2000.
- The child is required to apply for retention of German citizenship at the age of 23 and usually indicates that no other foreign nationality was held at that time.
Naturalized stats
Between 1995 and 2004, 1,278,424 people obtained German citizenship with naturalization. This means that about 1.5% of the total population of Germany is naturalized during that period.
The loss of German citizenship
German citizenship is automatically lost when a German citizen voluntarily obtains citizenship from another country, except:
- When a German citizen obtains citizenship from within the EU, Switzerland, or any other country with which Germany has an appropriate agreement.
- When permission to obtain foreign citizenship has been applied and granted prior to the naturalization of foreigners. Failure to obtain so-called permits to retain German citizenship before naturalization results in individuals automatically loses German citizenship after becoming a naturalized citizen from another country.
Other cases in which German citizenship may disappear include:
- Persons who obtain German citizenship on the basis of birth in Germany (without German parents) automatically lose German citizenship at the age of 23 if they are not successfully applied to retain German citizenship. If you wish to retain foreign citizenship, the application must be made at the age of 21 years.
- A German who volunteered to serve in the foreign army (above and required military service) from 1 January 2000 may lose German citizenship unless authorized by the German government. Starting on July 6, 2011, the permit to serve above conscription is automatically granted to the EU, EFTA, and NATO countries and soldiers of Australia, Israel, Japan, New Zealand and the Republic of Korea.
- A German child who is adopted by a foreign parent, in which the child automatically obtains the nationality of the adoptive parent under the law of the adoptive parent country. (For example, a German child adopted by an American before February 27, 2001 - the effective date of the US Child Citizenship Act of 2000 - will not automatically lose his German nationality, since the child does not automatically get the United States citizenship based on citizenship has been adopted US.) Exceptions apply when a legal relationship with a German parent is maintained.
Dual citizenship
Allowed under the following circumstances:
- If the other nationality is another EU country or Switzerland. Non-EU and non-Swiss citizens usually have to renounce their old citizenship if they wish to become German citizens. There are exceptions made for citizens who do not allow their citizens to renounce their citizenship (eg Argentina, Bolivia, Brazil, Costa Rica) PS: In the case of Brazil it is possible to leave your citizenship through the requirements made at the Brazilian consulate if you have already obtained another nationality voluntarily but are not required to do so, the following juice states allow consent only if citizenship was accidentally acquired by birth there to a person (eg, Afghanistan, Algeria, Angola, Cuba, Eritrea, Iran, Iraq, Lebanon, Mexico, Nicaragua, Uruguay), or if the rejection process is too difficult, Morocco, Nigeria, Syria, Thailand, Tunisia, USA), or, rarely, in individual cases if the rejection of an old citizen enship means a great loss to a person transport.
- If a German citizen obtains a non-EU or non-Swiss citizenry with permission (" Beibehaltungsgenehmigung ") of the German Government (for example, a relationship or property existing in Germany or in another country of the country or if overseas occupation requires domestic citizenship to be executed). Voluntary acquisition of non-EU or non-Swiss citizens without permission usually means the automatic disappearance of German citizenship (but see Point 4). Permission is not required if other citizenship comes from another EU country or Switzerland or if multiple citizenship is acquired at birth.
- If the person is a refugee and holds a travel document in 1951 during naturalization.
- If a child born to a German parent gains another nationality at birth (for example, based on the birthplace of [born in juice-soli countries mostly in America], or the offspring of one person old [one German parent and one foreign parent]).
- Children born on or after January 1, 2000 for non-German parents get German citizenship at birth if at least one parent has a permanent residence (and has this status for at least three years ) and the old man lived in Germany for at least eight years . Children must stay in Germany for at least eight years or attend school for six years until their 21st birthday. Non-EU and non-Swiss parent-citizens born and grow abroad usually can not have their own dual citizenship (see Point 1).
EU Citizenship
Because Germany is part of the EU, German citizens are also EU citizens under EU law and thus enjoy the rights of freedom of movement and have the right to vote in elections for the European Parliament. While in a non-EU country where there is no German embassy, ​​German citizens have the right to obtain consular protection from other EU embassies in the country. Germans may live and work in any country within the European Union as a result of the right to freedom of movement and residence provided in Article 21 of the EU Treaty.
The Germans live abroad
Germans living abroad ( Auslandsdeutsche is a Germany, that is, Germans living outside Germany. German emigrants usually do not pay taxes to Germany. Germans abroad are allowed to vote in the federal election of the Republic (elections). According to the German Foreign Office, "Germans with permanent residence abroad can participate in federal elections in Germany and European elections." As a rule, German voters who live permanently in non-EU countries overseas and do not live in Germany again, can not participate in German state and local elections, but permanent Germans living in other EU countries may vote in municipal elections in their country of residence. "
In addition to the above definition, the Auslandsdeutsche ).
The case is compounded by the German right of repatriation law on the Spillersiedler, a person who does not have German citizenship but is theoretically entitled to it because the German state considers them German citizens, such as the German Volga in Kazakhstan.
A significant community of Germans abroad can be found in the following countries:
Germans living abroad
- Netherlands: 368,512 (2008, 2.19% of Dutch population, including second generation immigrants)
- Switzerland: 265,944 (2009, 3.3% of Swiss population)
- Austria: 124,710 (2008, 1.5% of Austria)
- Australia: 106,524 (2006, 0.53% of Australians)
- United Kingdom: 92,000 (2008, 0.15% of the UK population)
- French: 75,057 (1999, 0.12% of French population).
- Poland: 64,000 - German and Polish citizenship (0.17% of Polish population, 2011), 45,000 - exclusive German citizenship (0.12%, 2011)
People of German ethnicity living abroad
- Romania: 36,884 (census 2011) (See: Germany in Romania)
- Russia: 597.212 (2002, 0.4% of Russia's population). (See: Germany in Russia)
- Hungary: 131,951 ethnic Germans (1.9% of Hungary's population, census 2011) (See: Germany in Hungary)
More statistics in German diaspora # Distribution.
There were 786,000 Germans in inter-war Romania in 1939. USA: A large number of Germans live permanently in the US, especially academics, artists, computer experts, engineers, and entrepreneurs. According to the German Mission in the US, "Germans living abroad do not need to register with the German Embassy, ​​so we can not say how many Germans live in America." Some Germans abroad hold passports from Germany and the United States.
Free travel of German citizens
Visa requirements for German citizens are administrative entry restrictions by other state authorities placed on German citizens. In February 2018, German citizens have access to visa-free or arrival visas to 179 countries and territories, ranked the 2nd German passport in the world according to the Visa Bound Index.
References
External links
- Federal Agency for Immigration and Naturalization (German)
- Background Paper, German Citizenship
- Nationality Law, Federal Ministry of Justice
Source of the article : Wikipedia
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