Various cookies are used on our website: technical cookies, cookies for marketing purposes and cookies for analysis purposes; in principle, you can also visit our website without cookies being set. This does not apply to technically necessary cookies. You can view and change the current settings at any time by clicking on the fingerprint that appears (bottom left). You have the right to withdraw your consent at any time. Further information can be found in our privacy policy under Cookies. By clicking on "Accept all", you agree that we may set the aforementioned cookies for marketing and analysis purposes.

The picture shows a person doing military service. What does the new Military Service Act mean for people without a German passport or with dual citizenship? We provide an overview.

New Military Service Act: What applies to dual nationals and people without a German passport?

A few days ago, the German government presented a draft for a new military service law. The new law is intended to update the registration of persons eligible for military service, reintroduce conscription and - if there are not enough volunteers - enable compulsory conscription for basic military service.
Written by:
Expertly reviewed by:
Expert for Immigration law

Share:

Many people with dual nationality or without a German passport are now wondering what the plans mean for them: Are they affected? What special rules apply to dual nationals? And what happens if a country of origin prohibits its citizens from serving in a foreign army?

We answer all the important questions.

Does compulsory military service apply in Germany?

No one in Germany is currently liable for military service. General conscription was suspended on July 1, 2011. This means that no one can be obliged to serve in the Bundeswehr in peacetime.

However, compulsory military service remains in the law and would automatically come back into force in the event of a situation of tension or defense - without the Bundestag having to make a new decision.

The new Military Service Act does not immediately reintroduce compulsory military service either. Instead, it provides for

  • from 2026: a declaration of readiness for a clearly defined group of men fit for military service
  • From 2027: mandatory samples
  • If necessary: a mandatory call-up if the number of volunteers is insufficient

This means that compulsory military service remains suspended in principle, but can be activated depending on the security situation and personnel requirements.

Our recommended reading
http://Unbefristete%20Aufenthaltserlaubnis%20in%20Deutschland
Permanent residence permit in Germany

We explain when and how you can apply for a permanent residence permit. An unlimited Residence permit not only entitles you to stay in Germany permanently, but also brings many other advantages for you and your family. Summary Permanent...

Who would be liable for military service under the new law - and who would not?

Even under the new Military Service Act, compulsory military service in Germany applies exclusively to male German citizens. This rule is derived directly from Article 12a of the Basic Law (GG) and is not affected by the modernized Military Service Act.

For people without a German passport, everything will therefore remain as before:

  • No compulsory military service
  • No declaration of readiness
  • No sampling
  • No mandatory call-up, regardless of how the security situation develops

For women with German citizenship, service in the Bundeswehr remains voluntary. People without a German passport can also volunteer - but only in rare exceptional cases and only as a temporary soldier, not as a professional soldier.

This means that the new law only affects men with German citizenship born in or after 2008. They will have to submit a declaration of readiness from 2026 and undergo a physical examination from 2027.

The new law does not expand the circle of conscripts - it merely modernizes processes and procedures.

Our recommended reading
Apply for dual citizenship
Applying for dual citizenship: how it works

Do you want to apply for dual citizenship? Here you can find out everything about the duration, costs and application process. Continue reading...

What applies to dual citizenship?

The situation is different for men who hold German citizenship as well as a foreign passport. They are legally considered German citizens in their entirety and are therefore generally liable for military service.

The new law explicitly takes into account the fact that there will be more dual nationals in the affected age groups in future due to the reform of the nationality law in 2024. In future, young men will therefore also have to state which other nationalities they hold in their declaration of readiness. The German government justifies this query by stating that certain passport constellations could be relevant to security - for example if:

  • the second nationality comes from a country that poses particular security risks
  • there is compulsory military service in the other country of origin
  • the other country of origin prohibits or sanctions service in foreign armies

According to the Federal Statistical Office, around one in six German men born in 2008 already has a second nationality. A report by Die Welt shows: In May 2022, there were around 340,000 men with a German passport from this cohort living in Germany - including almost 57,000 dual nationals.

The largest groups were made up of people of Turkish, Polish, Italian and Russian origin. Experts assume that the number of dual nationals has now increased significantly and will continue to rise, as dual nationality has been permitted in principle since the citizenship reform of 2024.

Our recommended reading
german passport requirements
German passport: All requirements at a glance

Do you want to know how to apply for a German passport and what requirements you need to fulfill? You can get the answer here...

What if the other country of origin prohibits service in the German army?

Many dual nationals wonder whether they are allowed to serve in the German armed forces if the other country of origin prohibits them from serving in a foreign army. In principle, the following applies: German citizenship counts for Germany. Anyone who is a German citizen may serve in the Bundeswehr - and would also be obliged to do so in the event of compulsory military service.

However, whether the service in Germany is compatible with the laws of the other country is another question. Many countries have their own rules, for example:

  • They completely prohibit service in a foreign army
  • You only allow it with permission
  • They threaten penalties or even loss of citizenship

Germany itself also has clear rules: A German citizen may not join a foreign army without permission from the Federal Ministry of Defense (BMVg) (§ 28 StAG). This also applies to people with dual citizenship. Anyone who joins the army of a foreign state without the approval of the BMVg is at risk of loss of German citizenship.

However, the current draft of the new Military Service Act does not yet contain any clear rules for people with dual passports - if the other country of origin prohibits service in the foreign or German army.

In concrete terms, this means

  • There is no automatic exemption from military service just because you have a second nationality.
  • There are still no fixed rules on how to deal with potential conflicts between two nationalities.
Our recommended reading
http://Einbürgerungsantrag%20leicht%20gemacht%20-%20Ihr%20Weg%20zur%20deutschen%20Staatsbürgerschaft
Naturalization application made easy - your path to German citizenship

Applying for naturalization can seem complicated, but with our detailed step-by-step guide, we make it easy for you. It's important that you keep the process in mind from organizing the documents to submitting the application to receiving Naturalization. ...

German passport for a year in the Bundeswehr?

In the political debate about the new Military Service Act, proposals are currently being discussed that go far beyond the current draft. A proposal by CDU politician Roderich Kiesewetter recently attracted attention.

He suggested that Naturalization should be made easier for migrants without a German passport if they complete a mandatory "social year" in the Bundeswehr. He justified this by saying that such a service could strengthen integration processes.

Legally, however, the idea is not compatible with the current legal situation. Several laws would have to be changed in order to implement such a model:

  • Soldiers Act: According to Section 37 of the Soldiers Act, only German citizens may serve in the Bundeswehr. Exceptions are very rare and only possible for temporary soldiers - not for professional soldiers.
  • Citizenship Act: The Citizenship Act(§ 10 StAG) does not recognize a mechanism that grants a German passport as a reward for military service. Such a provision would only be possible by amending the law.

It therefore remains to be said: Currently, there is no provision for military service as a route to Naturalization, nor is the Bundeswehr allowed to accept or enlist people without a German passport. Such models would only be conceivable through legislative changes - they are not provided for in the new Military Service Act.

Do you have any questions?
Are you experiencing difficulties with the naturalization process and still have questions? Contact us and our legal experts will be happy to help you with any question!
press-migrando-christian
Christin Schneider
Head of Content
Christin Schneider is the Head of Content at Migrando. Having worked at the Foreigners' office for ten years, she has unique, first-hand practical experience. Thanks to her expertise, she is a sought-after source for ...
anna profile picture
Anna Faustmann
Editor
Anna Faustmann is an editor at Migrando . With her sound education and many years of experience in journalism and digital marketing, she brings a deep understanding of the conception and creation of ...