Every country determines for itself and based on the general principles of international law who its nationals are and whether and under which conditions its citizenship can be acquired or lost.

Due to different regulations in different countries, people may have dual, multiple or no citizenship (stateless persons). Before the Act to Modernise Nationality Law (Gesetz zur modernisierung des Staatsangehörigkeitrechts, StARModG) entered into force on 27 June 2024, Germany’s policy was to avoid multiple citizenship. Exceptions applied especially for nationals of other EU member states and of Switzerland. Following the entry into force of the reform, multiple citizenship is now generally accepted.

All German nationals are automatically also citizens of the European Union. German citizenship is governed by Article 116 of the Basic Law (Grundgesetz, GG) and by the Nationality Act (Staatsangehörigkeitsgesetz, StAG). It is specially protected by Article 16 (1) of the Basic Law.

Reform of nationality law

Introduction of jus soli and other reforms in 1999

As of 1 January 2000, the Act to Reform Nationality Law of 15 July 1999 (Federal Law Gazette I p. 1618) introduced the principle of birthplace (jus soli) (Jus soli), which now applies alongside the principle of descent (jus sanguinis).

According to this Act, children born in Germany to parents with a foreign nationality may under certain conditions acquire German citizenship. Initially, this involved the obligation to choose between their German citizenship and that of their parents by their 18th birthday (Optionspflicht).

Furthermore, the residency requirement has been reduced from 15 to 8 years.

In addition, applicants for naturalisation must meet the following criteria under the new law:

• sufficient German language skills
• commitment to the constitutional principles of freedom and democracy
• declaration of loyalty

The Nationality Act consolidates the regulations regarding naturalisation

As per 1 January 2005, the most important regulations governing naturalisation, which had previously been contained in the Foreigners Act (Ausländergesetz), were consolidated in the Nationality Act.

Introduction of a naturalisation test

As of  1 September 2008, the naturalisation test was introduced as an additional naturalisation requirement, taking account of the increasing importance of social integration.

Withdrawal of unlawful naturalisation

According to the newly introduced section 35 of the Nationality Act, it is possible to withdraw any unlawfully acquired naturalisation if it was obtained under false pretences, by threat or bribery or by deliberately providing incorrect or incomplete information.

Abolition of the obligation for jus-soli children who have grown up in Germany to opt for one nationality

As from 20 December 2014, jus-soli children who had grown up in Germany no longer had to opt either for their German citizenship or the citizenship of their parents. However, the obligation to opt for one nationality continued to exist for jus-soli Germans who had not grown up in Germany.

New statutory naturalisation requirements: Established identity and regulation governing the loss of citizenship for terrorist fighters

The Third Act amending the Nationality Act (Drittes Gesetz zur Änderung des Staatsangehörigkeitsgesetzes) entered into force on 9 August 2019. 

According to the rulings of the Federal Administrative Court, the identity of applicants for naturalisation had to be established prior to naturalisation in Germany even before the introduction of the amending act; this requirement has now been extended to the citizenship of the applicant for naturalisation. In addition, applicants for naturalisation must demonstrate acceptance of social norms in Germany, in particular by not being married to more than one spouse at the same time (section 8 (1) and section 10 (1) of the Nationality Act).

The Act extends to ten years from the previous five the time limit for withdrawing naturalisation obtained under false pretences, by threat or bribery or by deliberately providing incorrect or incomplete information.

Furthermore, the amending act introduces a new regulation governing the loss of German citizenship which stipulates that any German national who has actively participated in fighting by a terrorist organisation abroad loses his German citizenship, but only if he has another citizenship and is no longer a minor (section 28 of the Nationality Act). 

Easier path to naturalisation for victims of Nazi persecution and their descendants – ten-year right of declaration for people affected by former gender-discriminatory regulations of descent

 On 20 August 2021, the Fourth Act amending the Nationality Act (Viertes Gesetz zur Änderung des Staatsangehörigkeitsgesetzes) entered into force.

According to this Act, individuals who have lost or been unable to acquire German citizenship as a result of Nazi persecution on political, racial or religious grounds, but do not qualify for citizenship under Article 116 (2) of the Basic Law, are entitled to naturalisation on grounds of restitution of German citizenship. The same applies for their descendants, with no time limit. 

Furthermore, the Act creates a legal basis for a ten-year right of declaration, which gives people born since the entry into force of the Basic Law (24 May 1949) who were affected by the former gender-discriminatory regulations of descent and thus excluded from acquiring German citizenship at birth and who have not otherwise acquired German citizenship the right to acquire German citizenship by declaration. This option to acquire German citizenship by declaration applies also to their descendants. 

Furthermore, the law stipulates that persons who have been convicted of antisemitic, racist or xenophobic acts, or other acts evidencing contempt for humanity, are excluded from naturalisation regardless of their sentence.

Modernising nationality law: General acceptance of multiple nationality and easier acquisition of citizenship based on the principle of jus soli

On 27 June 2024, the Act to Modernise Nationality Law entered into force.

Among other things, the Act contains the following key provisions:

The principle of avoiding multiple citizenship has been abandoned. Eligible persons are now naturalised without being required to give up other nationalities they may possess. Likewise, people no longer lose their German citizenship if they acquire a foreign citizenship, nor are they required to obtain permission to retain their German citizenship. The provision according to which children who had acquired German citizenship on the basis of jus soli were required to choose between German citizenship and their parents’ citizenship upon reaching age 21 no longer applies; also, the new law makes it easier to acquire German citizenship at birth because the required residence period for the parent from whom German nationality is derived has been significantly reduced from eight to five years.

The residency requirement that must be met in order to be entitled to naturalisation has also been reduced from eight to five years. For naturalisation applicants who have made special efforts to become integrated into the way of life in Germany and who are able to furnish proof of an especially high level of integration, very good German language skills (CEFR level C1) and their ability to support themselves without recourse to public benefits, the residency requirement can be reduced to three years.

The principle that no one can become a naturalised citizen unless they share the values of a free society has been reinforced by the following regulations: The law makes it clear that antisemitic, racist or other actions motivated by contempt for humanity are contrary to the Basic Law’s guarantee that human dignity is inviolable and that they are incompatible with Germany’s free and democratic constitutional system. The conditions for naturalisation have been expanded to include a commitment to Germany’s special historical responsibility for the National Socialist regime and its consequences, in particular for the protection of Jewish life; to peaceful co-existence among peoples; and to the prohibition on conducting a war of aggression. The requirement that naturalisation applicants must demonstrate acceptance of social norms in Germany has been replaced by specific grounds for denying naturalisation, e.g. if the applicant is married to more than one spouse or if they have shown by their conduct that they do not respect equal rights for men and women as anchored in the Basic Law.

Furthermore, the new law explicitly lists the exceptions from the requirement that individuals entitled to naturalisation must be able to ensure their own subsistence and the subsistence of their dependants without recourse to benefits in accordance with Book Two or Book Twelve of the Social Code (SGB II or XII) so that the exceptions are now more narrowly defined. Members of vulnerable groups such as persons drawing a pension, people with a disability or serious illness, single parents with children that are in need of care, people who are providing care for family members and applicants who are engaged in training or higher education may be naturalised on the basis of discretion.

For members of what is referred to as the “guest workers’ generation” and contract workers in the German Democratic Republic as well as their spouses who joined them shortly after their arrival in Germany, the language proficiency requirement has been lowered to the effect that they only need to prove oral skills; the requirement for a naturalisation test has been waived for this category of persons.