Important Update: Currently, there is no reporting requirement
First things first: Following significant criticism, Defense Minister Boris Pistorius (SPD) has clarified that there is currently no requirement to obtain a permit or file a report. This means that men between the ages of 17 and 45 are currently not required to apply for a permit or report a prolonged stay abroad. The regulation is to be suspended for the time being.
“At present, nothing is changing for men: whether they are 17, 45, or anywhere in between—they are, of course, all allowed to travel and currently do not need permission to do so,” Pistorius explained yesterday. “A longer stay abroad therefore does not need to be reported either. We are providing for an exception to the general reporting requirement established by law.”
The reporting requirement will only apply again if one of the following situations occurs:
- Conscription will be reintroduced as a mandatory requirement (currently, military service is voluntary),
- or a so-called state of emergency or state of defense is declared
According to the latest information, a provision to that effect is expected to be added to the law this week.
Are the rules regarding departure specified in the law?
Yes, the provision is in the law.
Under the (current) provisions of the Conscription Act, males who have reached the age of 17 must generally obtain permission from the Bundeswehr Career Center if they wish to leave Germany for more than three months.
In public discourse, people often refer to a “reporting requirement.” Legally, however, it is a requirement to obtain permission. This means that, according to the law, leaving the country for more than three months is only permitted with prior authorization.
However, it is important to note that, as has since been announced, a special provision is intended to suspend this requirement for the time being. In practice, therefore, a permit is not currently required.
Is this rule already in effect in everyday life?
As things stand: no.
Defense Minister Boris Pistorius has stated that nothing is changing for men at this time. Men between the ages of 17 and 45 may continue to travel without restrictions and do not need permission for extended stays abroad.
The German Armed Forces also confirm on their website that it is currently not necessary to deregister before a prolonged stay abroad.
In practice, this means that although the rule is enshrined in law, it is not currently being enforced.
Why is this rule in place?
The regulation dates back to the Cold War era and had long been suspended.
The Ministry of Defense justifies this by stating that, in an emergency, Germany needs to know who is available and who is abroad. The regulation thus establishes a legal basis for situations in which the security situation changes or conscription is reintroduced.
Does the new law apply to people who are not German citizens?
No. The Conscription Act is based on German citizenship. Under the law, only male German citizens as defined by the Basic Law are subject to conscription. Anyone who does nothold German citizenshipis therefore not subject to the law.
For people without a German passport, everything remains the same as before:
- Voluntary military service is permitted only in rare and strictly regulated exceptional cases
- no compulsory military service
- no statement of intent
- no physical examination
- No mandatory mobilization, regardless of how the security situation develops
What applies to dual citizenship?
The situation is different for individuals with dual citizenship. Anyone who holds German citizenship in addition to another citizenship is legally considered a German citizen and is subject to the new Military Service Act.
The law explicitly takes into account the fact that the 2024 reform of citizenship law will result in a greater number of dual nationals in the future. For this reason, young men will also be required to declare any other nationalities they hold.
This means that dual nationals can perform military service voluntarily and could also be called up in an emergency. In principle, they would also be subject to the requirement to obtain permission for extended stays abroad—however, this requirement is currently suspended.
Do men between the ages of 17 and 45 need to take any action right now?
No. As things stand, men are not required to submit applications or report extended stays abroad. Therefore, anyone planning a long trip, a semester abroad, or a temporary stay abroad does not currently need approval from the Bundeswehr.
The only exception would be if the announced exemption were revoked or if compulsory military service were reinstated. In that case, the Bundeswehr’s career centers would be the appropriate points of contact. According to official Bundeswehr information, permission would then have to be obtained from them.
Are there penalties for not registering?
As of now: no
The German Armed Forces expressly points out that no penalties are currently imposed for failure to obtain a permit.
A look at Section 45 of the Conscription Act confirms this: While the provision does include provisions for fines for certain violations, such as providing false information, it does not explicitly provide for a penalty solely for leaving the country for an extended period without authorization.
Does the new law mean the return of the draft?
No. The new Military Service Act does not automatically reinstate the suspended draft. Military service is currently voluntary.
At the same time, the law shows that Germany is preparing for various scenarios. By 2035, the Bundeswehr is set to grow to up to 260,000 active-duty service members and at least 200,000 reservists. If this goal cannot be achieved through volunteers, the reintroduction of compulsory military service remains a possibility —though only through another law passed by the Bundestag.
