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Permission to retain citizenship
All information on the retention permit and its significance after its abolition in 2024.
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what the retention permit (citizenship) is
what significance the retention permit still has after its abolition in 2024
how the retention permit could be applied for
Current situation and legal protection regarding the retention permit
1. What is the retention permit?
2. Retention permit; Abolition of new law 2024
3. Retention authorization and discretion
4. Apply for a retention permit
5. FAQ Retention Permit
6. Conclusion on the retention permit
1. What is the retention permit?
The retention permit was an official administrative act within the meaning of Section 35 of the Administrative Procedure Act (VwVfG ) that allowed German citizens to acquire another nationality without automatically losing their German citizenship. It had to be granted before acquiring the foreign citizenship; otherwise, German citizenship was automatically lost by law. The application could be submitted informally. It was generally valid for a limited time, meaning that anyone who acquired the new citizenship after its expiration risked losing their German citizenship. The retention permit was abolished with the 2024 Law on the Modernization of Citizenship (StARModG) .
The retention permit could also be subject to conditions or stipulations , for example, if the applicant only intended to acquire the foreign citizenship temporarily. An extension of the permit was also possible in principle, although this rarely occurred in administrative practice. The naturalization or citizenship authorities were generally responsible for the decision; in the case of Germans living abroad, the relevant diplomatic mission (embassy or consulate) was also consulted. Thus, the retention permit represented a key instrument for legally enabling dual citizenship without severing ties to Germany.
2. Retention permit; Abolition of new law 2024
With the entry into force of the Law on the Modernization of Nationality Law (StARModG) on June 27, 2024, the retention permit was abolished . This is consistent with the fact that German nationality law has allowed dual citizenship since this reform. Germans who, for example, acquire US, British, Canadian, or Spanish citizenship now automatically retain their German citizenship. Prior authorization—as previously required in the form of the retention permit—is no longer necessary . It is important to note, however, that this new regulation does not apply retroactively: Anyone who acquired a foreign citizenship before June 27, 2024, without a retention permit lost their German citizenship under the old law. In these cases, the retention permit remains relevant.
Despite the abolition of the retention permit, some regulations still exist that have a similar legal effect. For example, according to Section 28 of the Nationality Act (StAG), the enlistment of a German citizen in the armed forces of another state requires the approval of the Federal Ministry of Defense. This approval can—similar to the former retention permit—prevent the loss of German citizenship. However, this is not a retention permit in the strict sense, but rather a separate security and defense policy regulation.
3. Retention authorization and discretion
The decision to grant a retention permit was at the discretion of the competent authority . While under the old law, state interests were paramount and only in exceptional cases were "compelling personal reasons" taken into account, the Nationality Act, since January 1, 2000, provided for an equal balancing of public and private interests . Private interests in retaining German citizenship—such as family, professional, or economic reasons—could thus be just as decisive as public interests.
In administrative practice, the applicant's specific life situation played a central role. A retention permit could be granted if public or private reasons justified acquiring another citizenship while maintaining German citizenship, and no overriding interests opposed it. Key factors included whether the applicant wished to avoid significant professional disadvantages, whether their activities were in the German interest—for example, in science, business, culture, or sports—or whether continuing ties to Germany could be demonstrated. However, the decision always remained a matter of discretion, requiring consideration of all relevant circumstances of the individual case.
4. Apply for a retention permit
The locally competent citizenship authority was responsible for processing applications for retention permits. Individuals habitually resident abroad had to submit their applications through the German diplomatic mission, which, after a formal review, forwarded them to the Federal Office of Administration (BVA) in Cologne. The BVA website provided the relevant application forms and information on the procedure. If an application was rejected, and an unsuccessful appeal existed, it was possible to file a lawsuit for a mandatory injunction with the administrative court.
The granting of a retention permit was considered an individually attributable public service in the area of citizenship law and was subject to a fee. The administrative fee was €255, which corresponded to the naturalization fee. In legal disputes concerning a retention permit, the value in dispute was also based on the significance of naturalization and was generally set at €10,000. This procedure reflected the high legal and personal relevance of the retention permit, which determined the continued existence of German citizenship.
5. FAQ Retention Permit
What was a retention permit?
The retention permit was an administrative act that allowed German citizens to acquire a second nationality without losing their German citizenship. It had to be applied for and granted before acquiring the new nationality. Without this permit, German citizenship was automatically lost.
When was the retention permit abolished?
The retention permit was abolished with the entry into force of the Law on the Modernization of Nationality Law (StARModG) on June 27, 2024. Since then, acquiring another nationality is generally permitted without losing German citizenship – prior authorization is no longer required.
Does the new law apply retroactively?
No. Anyone who acquired a foreign nationality before June 27, 2024, without a retention permit, lost their German citizenship under the law in effect at that time. The new law does not change this.
Which authority was responsible for granting the retention permit?
The local citizenship authority was responsible. For Germans living abroad, the Federal Office of Administration (BVA) in Cologne was responsible, processing applications through the relevant embassies or consulates.
6. Conclusion on the retention permit
The retention permit was long an important instrument for enabling Germans to hold dual citizenship . It ensured that acquiring a second nationality did not automatically lead to the loss of German citizenship – but only if the permit was applied for and granted in a timely manner. With the reform of citizenship law in 2024, this hurdle has been removed: dual citizenship is now generally permitted, and a retention permit is no longer required. However, the old law remains applicable to individuals who acquired another nationality without a permit before the reform. The abolition of the retention permit thus marks an important step towards a modern, realistic citizenship law.
List of Sources (Paywall)
[1] Regarding the classification of the retention permit as a discretionary decision, see OVG Münster, judgment of 18 August 2010, 19 A 2607/07
[2] New regulations on dual citizenship come into force, report of 19 December 2014, beck-aktuell editorial team, becklink 1036382
[3] Hailbronner in Hailbronner/Kau/Gnatzy/Weber, Nationality Law | StAG § 29 | 7th edition 2022 (old version)
[4] Nationality Act in the consolidated version published in the Federal Law Gazette Part III, Classification Number 102-1, as last amended by Article 2 of the Act of 22 March 2024 (Federal Law Gazette 2024 I No. 104)