The Provisions of the New Citizenship Law (August 1999)

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The Law as of January 1, 2000
German by Birth

As before, the basic principle still applies: a child becomes a German at birth if at least one parent is a German citizen (principle of descent).

As of January 1, 2000, citizenship through place of birth shall also apply. From this point on, children born in Germany of foreign parents shall automatically become Germans at birth, if at least one parent has been permanently and legally residing in Germany for at least eight years at the time of birth and has an entitlement to residence [Aufenthaltsberechtigung] or has had an unlimited residence permit [unbefristete Aufenthaltserlaubnis] for at least three years.

These children will become German citizens at birth – with all the accompanying rights and obligations. Additionally, in most cases they will also acquire the citizenship of their parents at birth.


The “Option Model”

People who become German citizens through place of birth (jus soli) and who simultaneously acquire the citizenship of their parents must choose one of these citizenships after attaining the age of majority but before reaching their twenty-third birthday.

– If they declare that they wish to retain the foreign citizenship, they lose their German citizenship. The same applies if they fail to submit a declaration by their twenty-third birthday.
– If they decide in favor of the German citizenship, they must furnish proof by their twenty-third birthday that they have renounced the other citizenship.
– If the renouncement of the other citizenship is not possible or cannot be reasonably expected, multiple citizenship can be tolerated. In this case, an application for the retention of the other citizenship must be filed before the applicant’s twenty-first birthday, even if at that point in time it is still possible that proceedings for the release from the other citizenship might actually succeed.

Upon reaching the age of majority, the young people in question shall be informed of this option model by public authorities.