Melissa Chemam September 15, 2020. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For more information about how this website uses cookies please read the following page: Privacy Policy. Dual Citizenship: German Immigration Law after Brexit. Under the current German citizenship law, those who wish to acquire German citizenship must be prepared to renounce their existing citizenships. Since 28 August 2007, Germany has allowed its nationals to acquire the citizenship of another EU country (or Switzerland) without requiring any form of permission or forfeiting their German nationality. When the UK leaves the EU British citizens would then, by extension, not be covered by this. Gherson is authorised and regulated by the Solicitors Regulation Authority, Important information for the end of the Brexit Transition Period and the EU Settlement Scheme, if you or your close family members are an EU / EEA Citizen. lobbying the German authorities at the state and federal level on dual citizenship over a year ago EU nationals who become naturalised in Germany therefore do not have to give up their previous nationality. If you would prefer the site to not use cookies at all then please block or otherwise disable cookies in your web browser, though you may find that this prevents certain parts of the site from working correctly. As such, if a German national residing in the UK, who holds indefinite leave to remain or Settled Status, has made a successful application to naturalise as a British citizen prior to 31 December 2020, they may be able to hold dual German and British nationality. Brexit and the Rise of Dual Citizenship. As a rule, Germany does not allow dual or multiple citizenships. For example if you were American or Brazilian and your husband was German, then your child would still be a dual national and would have the automatic right to a German passport. The right of free movement 3. The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. to subscribe to weekly updates for our news and blogs. For many dual nationals, the question arises as to whether they will have to choose one nationality after the Brexit transition period until 31 December 2020 or lose the other when acquiring one nationality. According to the BBC, German was the most popular new nationality for Brits in 2017, jumping from just 594 cases in 2015 up to 7,493 in 2017. Share. https://www.gherson.com/blog/dual-citizenship-germany-citizenship Many of those applying for citizenship in Germany were racing the clock to get the paperwork finalized before Brexit is finalized, Tetlow says. (Beibehaltungsgenehmigung). Under German nationality law, ancestry-based claims may also lead to dual or multiple citizenships (s). At the time of writing, the UK is still an EU country and new rules for after Brexit haven’t been agreed. In the case of naturalisations connected with reparations and naturalisations of children of German parents who were not able to acquire German citizenship on account of the rules on descent valid at the time, multiple nationality will still be allowed. These cases apply to foreign nationals with German ancestors who are eligible for German citizenship by descent. Historically, any German national residing in another country who chose to naturalise as citizens of that country would automatically lose their German citizenship. BREXIT has unsettled legions of Britons living in Spain, with one UK investor claiming she was "forced to give up her British citizenship". Then we come to the issue of dual citizenship. However, as the law currently stands, Germany will not permit dual citizenship for those who do not meet the naturalisation residency requirements prior to 31 December 2020, and who choose to apply to naturalise as British citizens (and are successful) after 31 December 2020. Britons holding dual citizenship from an EU country like Germany will retain the privilege of free movement and work across the soon-to-be 27-nation … In combination with our leading British nationality practice, we offer specialist advice to those affected by either country’s nationality laws. https://www.gherson.com/blog/brexit-has-happened-what-now. To remove this message, please click on the following button; your input will be saved in a cookie. It is stipulated in § 12, para 2 of the StAG that dual nationality is allowed with the rest of the European Union, and with Switzerland. Dual citizenship (also known as dual nationality) is allowed in the UK. German law states that prior to acquiring another citizenship, a German national has to obtain permission from the relevant German authorities, and if such permission is not given, their German citizenship will be lost. Dual nationality is permitted in Germany only for citizens from other EU countries. European citizenship after Brexit impacts many EU nationals living and working in the UK. Click German nationals can also be subject to an administrative fine if they fail to obtain the necessary permission. This is one of the few exemptions that will allow German nationals to hold dual citizenship. German Economy Minister Sigmar Gabriel said British people living in Germany … Thanks to brexit I decided to go for dual citizenship. What has been considered as one of the major accomplishments of the EU integration - citizenship of the Union - is now jeopardised with the probability of restrictions related to rights and free movement of people. Passportia’s German citizenship advisors are native German speakers and experts in their field. British maestro Rattle seeking German citizenship after Brexit. To find out if you are eligible, please contact us, Ethnic Germans (“Aussiedler” and “Spätaussiedler”). The German passport is one of the strongest worldwide as it allows its holder to freely move within the EU and to many locations overseas. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson. British conductor Simon Rattle, a staunch critic of Brexit, on Friday made public that he has applied for German citizenship.. However, there are certain exceptions. For formal advice on the current law please don’t hesitate to contact Gherson. Conquistador 11,149 11,149 Riem, Munich; Posted 8 Oct 2016. In light of the complex nature of German law, all applicants should seek independent legal advice from a German lawyer before proceeding with any citizenship application. FILE PHOTO: Conductor Simon Rattle takes part in the opening ceremony of … Share this post. Since 28th August 2007, German citizens have been allowed to naturalise in other EU member states and Switzerland without losing their German citizenship. By Thomas Escritt. In that case I'd advise you to naturalize as a German- you can, of course keep your UK citizenship since the UK has yet to leave the EU. Applying for German citizenship If you are resident in Germany, you may be able to apply for German citizenship (in German). However, it is strongly recommended that those interested in acquiring British-German dual citizenship seek specialist legal advice or consult their German Consulate. The end of the Brexit transition period will not affect these naturalisation processes. The same applies to Germans who generally forfeit their citizenship upon the acquisition of another nationality under German law. 2 Min Read. Nationals of EU Member States may hold other EU citizenship in addition to their own. … This generally applies to the following groups of people: Germany’s dual nationality laws are far from straight-forward and the status of those hoping to obtain British-German dual nationality through naturalisation after Brexit is unlikely to be clarified before the UK’s exit from the EU on the 29th of March 2019. If you are a German national residing in the UK who wishes to remain in the UK after the end of the Brexit transition period, you must apply under the EU Settlement Scheme. Whilst Germany approved a bill that allowed British and German nationals to apply for dual citizenship during the Brexit transition period, there has been no indication that such a bill will be considered once the transition period comes to an end on 31 December 2020. With EU citizenship, the islanders also lose the possibility of dual citizenship. Therefore, German citizens who live in the UK have been able to acquire British citizenship while remaining citizens of Germany. The vast majority have retained their British citizenship which is possible with all applications accepted up to 31st December 2020. Germany’s dual nationality laws are far from straight-forward and the status of those hoping to obtain Which major countries don’t allow dual citizenship with Germany? The right of as… 1. Following Brexit, this exemption will not include British citizenship, unless an exceptional agreement were to be reached. Similarly, British citizens could have to give up their citizenship to naturalise as German. This is very clearly and categorically allowed as long as the UK remains in the European Union. Unless Germany changes its nationality law, the UK will no longer be exempt to Germany’s dual nationality restriction. By Kate Nicholson PUBLISHED: 15:37, Mon, Jan 11, 2021 In this situation, German citizenship must be surrendered upon becoming British. Unless this changes Britons who become German after Brexit has happened could then find they have to renounce their UK citizenship. Brexit fears have prompted Brits in Germany to push to secure their rights. The UK has no restrictions on … Dual Citizenship – Will Germans Be Allowed To Maintain Their Citizenship If They Naturalise As British Citizens After 31 December 2020? now. Germany does not usually allow dual nationality. Email Twitter Facebook. contact us They can have several EU … As a result, German citizens could forfeit their citizenship if they naturalise in the UK post-Brexit without first obtaining the express permission of the German government (Beibehaltungsgenehmigung). British Maestro Rattle Seeking German Citizenship After Brexit By Reuters , Wire Service Content Jan. 15, 2021 By Reuters , Wire Service Content Jan. 15, 2021, at 7:22 a.m. This means you can be a British citizen and also a citizen of other countries. … Should you require any further information in light of your current circumstances please do not hesitate to contact us. German law states that dual citizenship should usually be avoided. This exception applies both ways and, conversely, British citizens who live in Germany have been able to apply for German citizenship and have not been required to give up their British citizenship by the German authorities. The conductor Simon Rattle, who announced this week that he was cutting short his tenure at Britain’s leading orchestra to return to Germany, has applied for German citizenship after Brexit. People have otherwise to choose and relinquish the nationality of birth. For advice on immigration, This website uses cookies; some may have already been set. In Germany, 14,600 Britons had dual nationality in 2019 compared to 622 in 2015. Provided for by Article 116 (2) of the German Constitution, this process is known as, Children of German citizens who missed out on citizenship due to gender discrimination in the law. When you are living in Germany only as a permanent resident, you do not qualify as a citizen of Germany. The phenomenon is made worse … Those with ancestry-based claims may not be affected. Well, in practical terms for British people who either live in Germany or visit frequently, there are not a lot of changes. This route is known as, Those who have acquired German citizenship and other citizenship(s) automatically. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. You will have these opportunities as a German citizen: 1. For advice on immigration, nationality, extradition or human rights, please contact us now. Dual citizenship with other countries is possible only for people with a birthplace or parental connection to Germany - otherwise, it’s not allowed. Brexit: How Will It Effect Dual German Citizenship? With job opportunities dwindling, an increasing number of graduates and skilled workers tell me they are considering leaving the country. The rules are already the same for people who aren't from the EU. Former German citizens and their eligible descendants who were deprived of their German citizenship by Nazi-era laws. a British national would not be entitled to the right of dual citizenship if he/she has not gained naturalisation in Germany by the withdrawal deadline of March 30th, 2019 in the case of a no-deal, or by the end of Please see https://www.gherson.com/blog/brexit-has-happened-what-now for further details. The “huge increase” in citizenship applications in Germany is likely linked to the deadline for acquiring dual citizenship, Tetlow told Europe Street. Share this post. The right to vote 2. Should you wish to naturalise as a British citizen and retain your German nationality an application for naturalisation must be submitted prior to the end of the transition period. In addition to the disorderly handling of Covid-19, the UK is experiencing the worst economic crisis since the 1970s. Germany should offer young Britons EU citizenship after Brexit, says German Vice-Chancellor. However there are special rules allowing dual citizenship for EU citizens. Germany accepts dual nationality only with other member states of the EU. In order to avoid the repercussions of Brexit and the end of freedom of movement, many UK citizens have applied and are continuing to apply for German citizenship. Link to post Share on other sites . please Brexit will not affect the rules of dual nationality. here Having German citizenship gives you rights and freedoms that non-citizens do not have. Expected duration in Schleswig-Holstein is 3 months... 2. For example, Germany allows dual nationality only with EU states. Since the Brexit referendum in June 2016, 31600 British nationals have been granted German citizenship up to 2019. This puts some restrictions in your status, and that is why so many permanent residents of Germany seek to get citizenship. 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