Germany: Citizenship eligibility for foreign spouses of German citizens; whether dual nationality is recognized
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 24 September 2003 |
| Citation / Document Symbol | DEU41987.E |
| Reference | 4 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Germany: Citizenship eligibility for foreign spouses of German citizens; whether dual nationality is recognized, 24 September 2003, DEU41987.E, available at: https://www.refworld.org/docid/403dd1f08.html [accessed 29 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information on foreign spouse's eligibility for German citizenship was received from the Consular Attachée of the Embassy of the Federal Republic of Germany, in Ottawa, on 19 September 2003.
The German Aliens' Act is a quite complicated legislation, and there are several possibilities for foreign spouses of German citizens. In general, legally wed spouses of Germans have a right to a temporary residence permit which is usually issued for 3 years; after 5 years they are eligible for an unlimited residence permit.
The application of the German employment act is independent of the fact that the person is married to a German citizen. If one wants to work in Germany, a couple of conditions have to be fulfilled, information available here:
www.germany-info.org/relaunch/welcome/work/guide.html.
If not working, usually the spouse enrolls in the social security system according to her German husband's status.
The German citizenship law is complex and has changed many times since its creation in 1913. You will find an overview about the German citizenship law on the Website of our Embassy:
www.germanembassyottawa.org/cala/citizenship.php
Regarding dual citizenship the main rule is [that] when a German citizen applies for a foreign citizenship, he/she loses the German citizenship automatically as soon as the foreign one is granted or acquired (e.g., by oath).
If the foreign citizenship is acquired automatically, thus, without an application (e.g., by birth on the soil of e.g., Canada or birth as child of a foreign national, or sometimes marriage, e.g., in Iran), the individual holds dual citizenship.
As of January 2000, there is the possibility for German citizens that wish to apply for foreign citizenship to apply for the permission to hold dual citizenship which is granted under certain circumstances by the German government. A foreign spouse of a German citizen can apply for German citizenship after 2 years of marriage and 3 years of stay in Germany under several additional conditions (e.g. fluent knowledge of the German language). Usually one has to give up any other citizenship when acquiring the German citizenship, unless the government resp.[sic] citizenship law of the other state does not allow a loss of the original citizenship.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Reference
Embassy of the Federal Republic of Germany, Ottawa. 19 September 2003. Correspondence received from the Consular Attachée.
