What does multiple nationality mean?
To understand the importance of dual citizenship, you need to understand its meaning and what it entails. What was once considered an exception for some people is increasingly becoming a global trend.
Definition of the term
The Bavarian state government describes the term "multiple nationality" in a paper on asylum migration as follows: "The term multiple nationality means that a person has two or more nationalities at once."
Meaning of the word
The origin of the word citizenship, from which the term dual citizenship and subsequently the technical term multiple citizenship was formed, dates back to Greek times. The polis already existed at that time. The polis was a state association to which the later concept of the state can be traced back. At that time, the concept of citizenship was understood as a long-term alliance between the individual citizen and the state. The Romans later turned the term into Corpus Iuris Civilis (civil law).
How dual citizenship comes about
Dual citizenship can occur, for example, if a child is born in one country and automatically receives the nationality of the country of birth and at the same time has a parent who was born abroad. Accordingly, the child is then a multi-citizen and has more than one nationality. This is known as the territorial principle, as the child automatically acquires nationality by being born in a territory.
Another way to obtain dual citizenship is through the principle of descent. If, for example, the parents of the child born come from two different countries, then the principle of descent applies and the child receives the citizenship of both parents in this case.
Another possibility of multiple nationality can arise if citizenship cannot be renounced. Although the German state stipulates that citizenship of the home country must be surrendered at Naturalization , many countries, such as Afghanistan, Syria, Argentina or Brazil, do not provide for the surrender or loss of citizenship at all. Accordingly, in this case the person concerned automatically becomes a beneficiary of multiple nationality.
Citizenship can also be applied for through marriage to a national of a country after a certain period of time. If the applicant's home country does not provide for the renunciation of citizenship, then dual citizenship is again the result in this case. In Germany, other reasons for multiple citizenship can be economic disadvantages, prevention of dual citizenship due to unreasonable demands from the country of origin.
Problems with multiple nationality?
In these EU countries, 2 passports work with Germany
Dual citizenship with German citizenship is compatible with several EU states. The decisive factor is the respective regulation according to the directive of the EU state concerned.
EU difference permitted and restricted permitted
Almost every country that is a member of the EU allows dual citizenship. Countries can be divided into those that allow multiple citizenship, those that allow it to a limited extent and those that prohibit dual citizenship.
Each country has different regulations. The best-known example of dual citizenship in the EU is Sweden. The country is a big advocate of dual citizenship and it is seen in Sweden as a positive and contributing factor to the Swedish state. Other EU members where dual citizenship is not a problem are France, Italy, Portugal, Romania, Poland, Greece, Hungary and Belgium.
Finland allowed dual citizenship by law in 2003 and Denmark adopted a regulation in 2014. Norway was long considered a country that did not allow dual citizenship. Since 2020, it has been possible to be naturalized as a foreigner in Norway and obtain Norwegian citizenship.
In Germany, citizens of EU member states and Switzerland can have dual citizenship. This is laid down in § 25 StAG. Germany is still one of the more restrictive countries, but this is set to change as a result of a planned reform agreed by the government in May. Countries such as Spain, Latvia, Estonia and Bulgaria are similarly restrictive to Germany. Here, two citizenships are only possible in absolutely exceptional cases.
Legal basis for EU member states
In the EU, the decision on multiple nationality is left to each country. The 1963 agreement, which provides for the reduction of dual nationality, is still in force. However, with the exception of the Netherlands and Austria, no EU member state is a party to this treaty and the remaining signatory states have withdrawn from the treaty.
Advantages for Germany through dual citizenship
Dual citizenship has advantages for Germany. On the one hand, more than 60 percent of applicants for Naturalization can already keep their passport from their home country and the new regulation also makes the German state more democratic, as EU citizens will be able to vote in federal and state elections in addition to EU elections. For Germans, the agreement on the new regulation will also change something important. In future, if you live abroad, you will no longer have to apply to retain your citizenship or give it up.
In these non-EU countries, 2 passports with Germany work
In the case of citizenship from some non-EU countries, there is an exceptional situation during the naturalization process in Germany that automatically leads to dual citizenship. In this way, you retain your citizenship and can become German at the same time.
Multiple nationality through exemptions
One country where dual citizenship is automatic is Afghanistan, for example. Afghan law does not provide for the surrender of citizenship. For this reason, Section 10 (4) StAG cannot apply. This paragraph actually stipulates that the citizenship of the country of origin must be renounced in order to be naturalized.
It is not possible to relinquish citizenship because an exception under § 12 StAG applies. The result of this is that Afghan citizens automatically have dual citizenship after Naturalization . The situation is similar to that of Afghanistan in the examples of Iran, Lebanon, Syria, Morocco, Cuba, Tunisia, Algeria and Eritrea.
Another example of countries in which multiple citizenship with Germany is automatic are Brazil and Argentina. Both countries do not provide for the loss of citizenship. Accordingly, citizens from these countries become dual citizens directly after Naturalization in Germany. Again, this is an exceptional case under paragraph 12 of the Citizenship Act.
A very recent example of Section 12 StAG is the case of Ukraine. Ukraine does not recognize the renunciation of citizenship and this step is not provided for in Ukrainian law. The war in the country makes dual citizenship even more complicated and the loss or relinquishment of citizenship is not desired by the state. This inability to renounce citizenship means that Ukrainians who apply for German citizenship automatically become dual citizens according to Naturalization .
Dual citizenship in the USA
In the USA, multiple citizenship is permitted under the Immigration and Nationality Act of 1952. Nevertheless, there are always political discussions about reducing dual citizenship. For example, it is possible to lose your American citizenship again if you apply for another citizenship and intend to give up your American citizenship. So if you emigrate from Germany to the USA, you can obtain dual citizenship with a green card and 5 years of residence in the USA.
Legal basis for non-EU members
An important legal basis was the treaty on the reduction of multiple nationalities agreed by many international states in 1960. Many countries have since withdrawn from this agreement. In the EU, only Austria and the Netherlands are still parties to the treaty. Other international parties to the treaty are Russia, China and North Korea.
Multiple nationality does not work with these countries
There are countries that have very strict rules on dual citizenship and still allow citizenship to be renounced. In these countries, it is not possible to obtain multiple citizenship with a Naturalization in Germany.
Example countries and their reasons
The Netherlands and Austria adhere to an agreement made between European and international states in 1963. This agreement provides for dual citizenship to be kept to a minimum.
The law in the Netherlands and Austria does not provide for dual citizenship and is very strict. Accordingly, foreigners who wish to become citizens of these countries must renounce the citizenship of their country of origin. The only exception that exists in Austria and the Netherlands is if you were born in these countries and have foreign parents. In these cases, multiple nationality works.
Another EU country that is very strict about dual citizenship is Lithuania. A referendum that would have made dual citizenship easier failed in 2019. Multiple citizenship is only permitted when acquiring Lithuanian citizenship through birth, adoption, marriage or descendants. In all other cases, the citizenship of the country of origin must be surrendered.
Another country that does not provide for dual citizenship is China. Like Austria and the Netherlands, it allows citizenship to be renounced, but is strict about multiple citizenship. It is not provided for in Chinese citizenship law.
Can I have more than two nationalities in Germany?
Many foreigners who are interested in Naturalization in Germany ask themselves how many citizenships they are allowed to have in Germany and whether there are any limits in this respect. This depends on the different constellations.
Examples of triple nationality
The simplest way in which triple citizenship can arise is the principle of descent. If one of the parents is German and you yourself were born in a country with the place of birth principle and the other parent is foreign and not German, then you receive German citizenship and the citizenship of the country of birth and the other parent.
It is also possible to obtain 3 citizenships if you were born in Germany and the parents are both foreigners. The decisive factor is that the parents had a permanent residence permit at birth or have been legally resident in Germany for 5 years.
The situation is exactly the same if you are already Swiss and Portuguese due to your parents' ancestry and then apply for German citizenship. After Naturalization you will then be in possession of 3 passports.
How many nationalities are accepted?
Theoretically, the number of citizenships you can have in Germany is unlimited. Due to the many exceptions, even 4 or more citizenships are possible. Accordingly, there is no limit to the number of citizenships.
Legal basis for dual citizenship
The important legal requirements for multiple citizenship are set out in the Citizenship Act. Here you can see exactly what the German state and German law say about dual citizenship and in which cases multiple citizenship can arise for a citizen. Naturalization citizenship can lead to multiple citizenship.
The Nationality Act
The Citizenship Act sets out all the regulations on German citizenship. Here you will find all the regulations and options for obtaining citizenship. The origin of the Citizenship Act can be traced back to the Reich and Citizenship Act of 1913 and has its roots there. The principle of descent was laid down there. The Reich and Citizenship Act was replaced by today's Citizenship Act on January 1, 2000.
How is multiple nationality regulated in Germany?
Section 10 (4) of the Citizenship Act states how the German state views multiple citizenship. It states that a condition for Naturalization is the renunciation or loss of German citizenship. This means that, from a purely legal point of view, German law does not provide for dual citizenship. There are many exceptions to this principle in § 10 para. 4 StAG. These exceptions can automatically lead to dual citizenship.
Exceptions that lead to dual citizenship
The exceptions to dual citizenship can be found under Section 12 of the Citizenship Act. Firstly, there are general exceptions for EU citizens and citizens of Switzerland. Furthermore, multiple citizenship is automatically granted if the law of the country of origin does not provide for the withdrawal of citizenship and if the country of origin repeatedly prevents the withdrawal of citizenship.
A further reason for allowing dual citizenship is a refusal to renounce citizenship for which the applicant is not responsible Naturalization and if the country of origin makes unreasonable demands for the renunciation and if a decision on the renunciation of citizenship has not been made within the stipulated time.
Other reasons for multiple citizenship are if the loss of citizenship would cause difficulties for older people and would represent a particular hardship, as well as if the applicant of Naturalization is threatened with property or financial damage. Anyone who has Residence permit refugee status is also automatically granted dual citizenship; the same applies to citizens whose countries have agreed an international treaty with Germany on this point.
Challenges and problems caused by multiple nationalities
Multiple nationality can also be a major challenge for those involved and can cause a number of problems. Although rights apply with every citizenship, there are also obligations to which every citizen must adhere. For example, dual, triple or quadruple citizenship can bring not only advantages but also difficulties.
Conflicts due to multiple nationalities
As good as dual citizenship is for the individual, it can also lead to conflicts between different countries. In Europe, for example, there are tensions between different countries such as Hungary and Romania, Italy and Austria or in the Western Balkans. According to a study by the German Institute for International and Security Affairs (Stiftung Wissenschaft und Politik), the different states are trying to create an advantageous situation through dual citizenship in order to change the population. A problem that can also become a dangerous political situation.
Tax and bureaucratic problems
In some countries, dual citizenship can lead to tax and bureaucratic problems. For this reason, Germany has entered into agreements with countries to ensure that a citizen pays taxes and duties in the country of main residence. This is why the so-called double tax agreement exists. On a list from the Federal Ministry of Finance, you can see exactly which countries Germany has this agreement with.
There may also be difficulties for dual nationals due to reporting requirements in some countries. This may involve the disclosure of foreign accounts, assets abroad and cash flows abroad. Accordingly, you must be prepared for this obligation.
Changes to dual citizenship in 2023
Germany is currently one of the EU states that does not facilitate dual citizenship. The German government is now planning to change this. It is hoped that the change will address the shortage of skilled workers and make Germany more attractive to people living abroad.
What do the changes look like?
The planned new regulation, which the government agreed on in May 2023, would significantly change and simplify a number of things regarding multiple nationality. Now that the agreement has been reached, it is important that the planned reform is passed in the Bundestag. Majorities are needed for this process. The aim of the federal government is to accommodate guest workers from non-EU countries who have been living in Germany for a long time. It also wants to create an additional incentive for skilled workers from abroad in the hope of overcoming demographic problems and the shortage of skilled workers.
What could change for Turkish citizens
For German Turks, the agreement to simplify dual citizenship is a very positive sign. In future, they would no longer be forced to choose between German and Turkish citizenship when they naturalize.
Naturalization with dual citizenship is currently still very complicated for German Turks, as they are not subject to the same exemptions as people withSwiss citizenship or citizens of a European Union member state, for example.Just how important the group of German Turks is for Germany is shown by the fact that, according to Statista, 1.49 million people of Turkish descent live in Germany.
Possible future changes to multiple nationality
The trend towards dual citizenship is unmistakable in Germany and is also clearly noticeable internationally. The opportunity to benefit from different countries through dual or triple citizenship is very attractive to the majority of people. It can therefore be assumed that the number of countries that rely on dual citizenship will increase in the future.
This trend also increases the likelihood of possible legal changes. Nevertheless, the political situation must be observed with caution. Conservative politics in particular is currently on the upswing and this part of politics is rather critical of dual citizenship. How the legal situation changes depends very much on political majorities.
With the reform of dual citizenship, it is also possible that applications for Naturalization could be digitized. The federal government knows that the authorities are having difficulties processing applications. It would come as no surprise if a digitalized procedure is planned for the future. However, this whole process will take a lot of time and still take several years.
Conclusion and summary
Conclusion
Multiple nationality has become increasingly important in recent years. It has many advantages as well as challenges. As the global trend, especially among young people, is increasingly moving towards the best possible networking and internationality, we can expect the network of countries that facilitate dual citizenship to grow in the future.
Summary
As you can see, the subject of multiple nationality is very complex. The most important things are summarized here for your convenience:
- Almost all EU states have made multiple nationality easier in recent years
- The number of countries internationally that accept dual citizenship is increasing
- Due to the principle of descent, triple citizenship is also possible in Germany
- The number of nationalities is theoretically unlimited due to many exceptions in Germany
- Dual citizenship brings advantages, but also challenges
- The federal government's planned reform could make many aspects of dual citizenship easier
- Turkish citizens in particular could benefit greatly from the change
Do you still have questions about multiple nationalities?
FAQ - The most important questions and answers on multiple nationality
Multiple nationality is the legal term for dual citizenship. It means that you are a citizen of more than one country.
According to Naturalization , dual citizenship generally applies to citizens of other EU states and Swiss citizens. There are also many exceptions according to § 12 StAG. For example, the impossibility of renouncing citizenship can lead to dual citizenship. This is the case for Afghanistan, Eritrea, Morocco, Tunisia and Algeria. Some countries do not provide for the loss of citizenship. Examples of this are Brazil and Argentina. In this case, dual citizenship also occurs.
With the new reform planned by the German government, it should be possible for Turkish citizens to become dual nationals in future and enjoy the same rights as EU and Swiss citizens. However, the reform still has to be passed by the Bundestag.
Yes, due to the war in which the country finds itself, Ukraine is not in favor of renouncing its citizenship. In addition, Ukrainian citizenship law does not provide for renunciation of citizenship. This impossibility of renunciation results in an exception according to § 12 StAG and the persons concerned become dual citizens directly after Naturalization .
Yes, Iranian law, like Afghan law, does not provide for withdrawal of citizenship. This means that you automatically become a dual citizen after Naturalization .
Yes, the principle of descent makes it possible to have three citizenships in Germany. This occurs, for example, if you have German citizenship as a child from birth and both parents have foreign citizenship, or if the applicant already has dual citizenship and cannot renounce either of these citizenships or if multiple citizenship is supported.
Theoretically, any number of citizenships are possible. The reason for this is the many exceptions made possible by German law.
