on Citizenship

Acquisition of German Citizenship by Domestic Birth

2008-11-07T01:42:02+01:00

Acquisition of German Citizenship by Domestic Birth

Normally, Germany grants citizenship to persons born to German nationals – regardless of their residence. Since 2002, children of non-Germans have had the possibility to obtain German citizenship temporarily until they turn 18. §4 StAG requires i.a. that the parents have legally had their habitual residence here for eight consecutive years. But what happens if they apply to renew the residency permit a few days too late? The BVerwG decided this question on 18.11.2004 (re 1 C 31.03).

Denaturalizing Offspring

2008-11-07T01:43:27+01:00

Denaturalizing Offspring

The BVerfG had to decide the question what happens to a child when its father loses his German citizenship on October 24, 2006 (re 2 BvR 696/04). The child derived its German citizenship from its father, who turned out not to be his biological father. Isn’t it unjustifiable to denaturalize a child?

European Court of Justice Rules Loss of German Citizenship via Deceit when Originally having Another European Citizenship

2010-12-10T10:28:25+01:00

European Court of Justice Rules Loss of German Citizenship via Deceit when Originally having Another European Citizenship

When you acquire German citizenship per naturalization and that via deceit, can the German authorities retroactively renounce your naturalization and you so lose your previous European citizenship? The European Court of Justice gave final clarity to this issue with its judgment of March 2, 2010 (re C 135/08).

German Citizenship Does not Exempt from Punishment as Foreigner

2008-11-07T01:44:24+01:00

German Citizenship Does not Exempt from Punishment as Foreigner

In his defense, a foreigner claimed that he could not be punished for illegal entry and sojourn in German because he had been naturalized in the meantime. He argued that a German cannot be punished as foreigner. The OLG Hamburg (re 1 Ss 195/04 of May 19 2005) rejected his argument. At the time when the offense was committed he was subject to punishment in accordance with the laws governing foreigners because he was not yet a German citizen. Only a change in the law but not in the facts of a case could cause the punishment to be waived.

Naturalization along with the Keeping of Previous Citizenship for Minorities

2008-11-07T01:45:25+01:00

Naturalization along with the Keeping of Previous Citizenship for Minorities

The BVerwG decided on May 3, 2007 (re 5 C 3.06) the question whether it suffices or not that a country denies only a vast majority although still not generally the deprivation of citizenship.

Naturalization by Deceit

2008-11-07T01:46:35+01:00

Naturalization by Deceit

The BVerfG decided on May 24, 2006, (re 2 BvR 669/04) in a very interesting case about becoming naturalized by fraud. Can your German citizenship be revoked? And if so, what about the status of those who derived their citizenship from the betrayer?

Naturalization while Supporting Forbidden Militant Organizations

2008-11-07T01:46:01+01:00

Naturalization while Supporting Forbidden Militant Organizations

To become naturalized means e.g. to show the German administration how much Germany has become a part of you. This article will reflect naturalization and one’s political motivation – i.e. in special consideration of terrorist parties or movements.

Obtaining German Citizenship in Spite of Welfare

2008-11-07T01:47:02+01:00

Obtaining German Citizenship in Spite of Welfare

A Turkish lady had been living in Germany for more than eight years and was living off welfare. She at first vainly tried to apply for German citizenship. Neither the competent administrative office nor in the first instance the administrative court decided in her favor. Thus did OVG (judgment of May 8, 2006, re 12 TP 357/06).

Receiving Welfare at Old Age: Hindrance for Naturalization

2009-05-05T17:19:49+02:00

Residence Permit after Loss of German Citizenship

2008-12-26T13:35:32+01:00

Residence Permit after Loss of German Citizenship

After being a long-time resident, people like it here so much that they become naturalized. But when you apply for another citizenship, you will loose German citizenship ex lege (§25 StAG). What happens now? Do you have or even a need a residence permit? Will the time accumulated as a foreigner prior to naturalization be credited for a new residence permit? OVG NRW answered all these questions with its judgment on January 31, 2008 (re 18 A 4547/06).