Ruling: Loss of German citizenship only after proportionality test

Imagine a highly qualified professional who has been rooted in Germany for decades, pays taxes, and whose children grew up here. One day, their passport needs renewing, but instead of a new document, they receive a notification: their German citizenship was revoked by law years ago. The reason? Reacquisition of their original citizenship – for example, Turkish citizenship – after naturalization . What sounds like a bureaucratic nightmare is reality for thousands. Amidst a heated public debate about the shortage of skilled workers and the long-overdue modernization of our citizenship law, the Federal Administrative Court (BVerwG) made a decision on March 4, 2026 (Case No. 1 C 4.25) that has the potential to reshuffle the cards for many affected individuals.

The rigid automaticity of Section 25 of the Nationality Act and the awakening of Union law

For decades, the legal situation was uncompromising. Anyone who acquired a foreign nationality after naturalization in Germany without first obtaining a retention permit automatically lost their German citizenship according to Section 25 Paragraph 1 of the Nationality Act (in the version valid until June 2024) . This still applies today, as the Nationality Act for the period in question always applies. This "automatic loss" particularly affected people who reacquired the citizenship of their country of origin for family or emotional reasons. The fact that EU citizenship , and thus extensive freedoms within the EU, was lost along with the German passport was often dismissed by German authorities as a mere footnote.

For years we have observed that while the legislature made dual citizenship possible in principle in 2024 , it failed to address a crucial group: the so-called legacy cases . No blanket amnesty was created for those who "lost" their citizenship before the legal reform . They remained trapped in a legal limbo, while the administration – already overwhelmed by the digitalization of migration administration and understaffed – had hardly any capacity for complex reversals.

The ruling of March 4, 2026: A victory for proportionality

The recent ruling by the Federal Administrative Court (BVerwG) breaks with this rigid practice. The Leipzig judges clarified that the automatic loss of German citizenship, which leads to the loss of EU citizenship, is only permissible if it is proportionate in the individual case . The court thus follows the line of the European Court of Justice (ECJ) and emphasizes the primacy of EU law according to Article 20 TFEU . A loss of citizenship may therefore not be determined without a comprehensive balancing of public and private interests. In the underlying case, two individuals had regained Turkish citizenship immediately after their naturalization in 1999. It was only in 2021 that the authorities determined the loss of their German citizenship (see also this VISAGUARD blog post on this highly relevant scenario). The Federal Administrative Court has now ruled that such a determination pursuant to Section 30 Paragraph 1 Sentence 4 of the Nationality Act is only lawful under Union law or Union citizenship if the individual consequences for the person concerned and his family have been taken into account.

Criticism of official practice and legislative shortsightedness

We see current practices as significantly disadvantaging well-integrated citizens. It is contradictory for politicians to desperately recruit skilled workers while simultaneously pushing those who are already here and contribute to our prosperity into de facto statelessness or precarious residency status through bureaucratic hurdles. This is particularly true in cases involving people from Turkey, as this group has often been living in Germany for decades .

We are particularly critical of the provision in Section 30 Paragraph 1 Sentence 5 of the German Nationality Act (StAG) . This provision essentially states that a proportionality review is omitted if the individual concerned has not submitted an application for retention of their citizenship. However, the Federal Administrative Court (BVerwG) has clearly intervened here: If the individual concerned did not have effective access to such a review or was left in the dark about the consequences, the lack of an application must not be held against them. In a time when authorities are chronically overburdened and waiting times of several months for even the simplest consultations are the norm, this emphasis on the "effectiveness" of legal protection is invaluable.

The looming overload: Why we need political solutions now

The Federal Administrative Court's decision represents a mammoth task for the administration. Every loss of citizenship must now be individually reviewed. Given the already precarious situation in the naturalization offices, this threatens to lead to administrative collapse. It is hardly conceivable how the offices are supposed to individually review hundreds or even thousands of old cases without the procedures taking years to complete. We therefore demand a bold political decision: Instead of flooding the courts and authorities with individual case reviews, a statutory amnesty program for old cases should be created. Anyone who lost their passport under the old legal framework but still has their center of life in Germany should be given the opportunity to retroactively regain German citizenship with a simple declaration . This would not only be an act of fairness towards those affected, but also the only realistic way to relieve the burden on the administration.

Conclusion: A glimmer of hope with bureaucratic hurdles

The ruling of the Federal Administrative Court of March 4, 2026, is a milestone. It ends the era of faceless, automatic decisions and places the individual and their European identity back at the center of citizenship law . Nevertheless, the path to regaining these rights remains arduous. The referral back to the Administrative Court demonstrates that proportionality is not automatic but must be fought for in disputed cases. For those affected, this means: the status quo does not have to be accepted. There is now a solid legal basis for challenging old loss-of-citizenship notices.

How we as a law firm can help you

The legal handling of citizenship cases requires not only in-depth knowledge of the German Nationality Act (StAG) but also precise argumentation in the area of EU law. We support you in asserting your rights against the authorities. We review your previous decisions for errors in the proportionality assessment, file objections , or initiate review proceedings pursuant to Section 51 of the German Administrative Procedure Act (VwVfG ). We ensure that your mobility and status in Germany remain secure. Rely on our expertise to shed light on bureaucratic complexities and protect your identity as a German citizen and EU citizen.

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