A significant change in German Immigration law, which occurred on 28 August 2007, has received little media coverage but could positively affect many. This law principally allows for citizens from EU member states to retain their passports when adopting German nationality, and for German citizens to retain their passports when taking on the citizenship of another EU member state.
The changes were prompted by some major reforms in German immigration law, which took effect almost three years ago. Receiving little media attention, it is a concern that many German nationals are not fully aware of the benefits they are now entitled to.
Prior to the reforms, German citizens who applied for and acquired citizenship of another EU member state or of Switzerland effectively relinquished their right to German citizenship and had to forfeit their German passports. This was subject to the opportunity to apply, prior to their citizenship application and for a fee, for permission to retain their German passport.
However, since the change in law in August 2007, a German national will no longer lose their German citizenship if he or she acquires the citizenship of another EU member state or of Switzerland, whether by application or naturalisation.
Equally, an EU member state national or a national of Switzerland can now apply for German citizenship without having to give up his or her member state passport.
It is thought that this change could strongly impact on Swiss-German relations, as Switzerland remains a popular destination for German immigrants.
Since these changes came into force there has been an increase in the number of people applying for German citizenship. This increase has not however been sizeable, as citizens of non-EU member states are still required to forfeit their nationality when applying for a German passport, as are German nationals applying for the citizenship of countries outside of the EU and Switzerland. Formal permission from the German government to retain your German nationality ('Beilbehaltunsgenehmigung') can still be sought for those who wish to become nationals of non-EU countries.
It is important to be aware that these changes are applicable only to those who applied for another citizenship after the changes took effect, and not to those who made applications for the citizenship of another EU member state prior to 28 August 2007.
Any German nationals who wish to lodge applications for British citizenship are advised to seek professional legal advice. Gherson's team of solicitors and paralegals are ideally placed to provide advice on this and any other issues relating to immigration. Click
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