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Citizenship law
All information on German citizenship law.
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German citizenship law determines who is legally considered "German" – and what rights and obligations are associated with that citizenship. It governs the acquisition of citizenship through birth, descent, naturalization, or declaration, and also defines when it can be lost . This area of law is crucial for many people: in cases of migration, family reunification, historical lineage, or complex naturalization procedures. VISAGUARD explains the most important legal principles, outlines the key procedures, and clarifies when the support of a specialized lawyer becomes indispensable. Clear, understandable, and legally sound – your guide through German citizenship law.
Table of Contents
1. Citizenship law
2. Legal basis: Citizenship law
3. Procedures in Nationality Law
4. Lawyer specializing in German citizenship law
5. FAQ on Citizenship Law
6. Conclusion on Citizenship Law
1. Citizenship law
Citizenship law governs who possesses German citizenship , how it is acquired, and how it is lost . It answers fundamental questions such as: Who is "German" in the legal sense? What are the requirements for naturalization , acquisition by descent , or acquisition by birth in Germany? Citizenship law thus defines belonging to a state and forms the basis for numerous civic rights, such as the right to vote or the right to consular protection. It plays a central role in many areas of life – particularly regarding migration, family reunification , travel, and the use of state benefits.
It is important to distinguish this from other areas of law: While residence law regulates the conditions under which foreigners may live, work, or enter Germany, citizenship law determines who is formally part of the German citizenry . There is also a clear difference with passport law: Passport law concerns the issuance and validity of identity documents such as passports or identity cards, while citizenship law defines citizenship itself. A passport is therefore only a document proving citizenship, not the basis of citizenship.
2. Legal basis: Citizenship law
In Germany, citizenship law is primarily based on the Nationality Act (StAG) , which contains the central rules for acquiring, losing, and determining citizenship. Supplementary national laws apply, such as the Basic Law (GG ), in particular Article 16 GG, which protects against deprivation of citizenship , as well as the Administrative Procedure Act (Verwaltungsverfahrensgesetz) for administrative procedures. In addition, application guidelines and administrative regulations issued by the Federal Ministry of the Interior (BMI) play a significant role. They specify legal norms, ensure uniform administrative practice across the federal states, and provide citizenship authorities with binding guidance on interpretation—for example, regarding naturalization, generational cut-offs, or proof of descent.
At the international level, German nationality law is influenced by international law and EU law . This includes, in particular, European human rights standards such as the Convention for the Prevention of Statelessness, which obligates Germany to prevent statelessness as far as possible. While nationality remains a national competence within the EU context, it directly impacts EU citizenship , which grants autonomous rights such as freedom of movement and consular protection. Decisions of the European Court of Justice also set important guidelines, for example, regarding issues of legitimate expectations and legal certainty in the acquisition and loss of nationality. Thus, nationality law exists within the interplay of national legislation, European integration, and international legal obligations.
3. Procedures in Nationality Law
Citizenship law encompasses numerous different procedures and application processes. These are primarily the following:
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Sections 8 and 10 of the Nationality Act: all regular naturalization procedures (naturalization by entitlement and naturalization at the discretion of the authorities)
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Section 5 of the Nationality Act: Acquisition of nationality by declaration ( acquisition by declaration )
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Section 6 of the Nationality Act: Acquisition of citizenship through adoption/child adoption
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Section 7 of the Nationality Act: Naturalization of ethnic German resettlers under the Federal Expellees Act (BVFG)
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Section 30 of the Nationality Act: all procedures for determining citizenship
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Section 17 of the Nationality Act: Deprivation of German citizenship
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Section 35 of the Nationality Act: Revocation of German citizenship
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Section 26 of the Nationality Act: Procedure for voluntary renunciation of citizenship ( renunciation of citizenship )
In addition, there are numerous special citizenship law procedures, such as the renaturalization of former Germans (§ 13 StAG) or naturalization from abroad (§ 14 StAG).
4. Lawyer specializing in German citizenship law
A lawyer specializing in citizenship law advises and represents clients in all matters relating to the acquisition, loss, and determination of German citizenship. This includes, among other things, preparing complex naturalization procedures, clarifying questions of parentage, examining multiple citizenships, providing support in cases involving generational changes, and enforcing claims against citizenship authorities and the Federal Office of Administration. Many issues are historically complex, require extensive documentation, and are legally multifaceted—for example, in cases involving expellees, ethnic German repatriates, former German citizens, or individuals whose ancestors left Germany decades ago. A specialized lawyer has in-depth knowledge of the relevant regulations , administrative provisions, case law , and procedures and can prevent errors early on that would otherwise lead to delays or rejections.
Engaging a specialized lawyer is particularly advisable because citizenship law is highly detailed and focused on proof . Even minor inconsistencies in documents, unclear family lines of descent, or missed deadlines can decisively influence the outcome of a case. Lawyers structure the necessary evidence, communicate with authorities, draft legally sound applications, and file appeals or lawsuits if necessary. They can also provide strategic advice on how citizenship law and immigration law intersect—for example, in cases of naturalization for skilled workers, acquisition of citizenship by birth, or specific historical restitution claims. This significantly increases the chances of a successful outcome, while reducing time, effort, and legal risks for those affected.
5. FAQ on Citizenship Law
What does German citizenship law regulate?
It defines who is a German citizen, how citizenship can be acquired (e.g., through naturalization, birth, descent, declaration), and under what conditions it is lost. It thus defines membership in the German people.
What is the difference between citizenship law, residence law, and passport law?
Residence law regulates the entry and stay of foreigners. Passport law concerns identification documents such as passports. Nationality law, on the other hand, determines whether a person is German – regardless of residence or passport.
Which legal frameworks are particularly important?
The Nationality Act (StAG) is central. In addition, the Basic Law (Article 16 GG), the Administrative Procedure Act, and administrative regulations and application guidelines of the Federal Ministry of the Interior (BMI) apply. Furthermore, international law and EU law influence the interpretation.
6. Conclusion on Citizenship Law
German citizenship law is a highly structured and complex area of law that extends far beyond the simple question of who is "German." It touches upon migration, family law, historical developments, and European and international legal frameworks alike. The multitude of procedures—from naturalization to the determination or reacquisition of citizenship—demonstrates how multifaceted and individual each case can be. Precisely because of this complexity, professional support is often crucial. A specialized lawyer can assess the intricate legal and factual requirements, avoid errors, and effectively represent applicants' interests before the authorities. For those affected, this translates into greater legal certainty, more efficient procedures, and significantly higher chances of success.
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