Right to German citizenship for those born in Germany

Who receives German citizenship and why?

Until the 90s of the last century, only high-status Germans had German citizenship - an ethnic category approved by the Constitution of the Federal Republic of Germany. The possibility of naturalization arose after the release of the Law on Foreigners of 1965 - for the descendants of foreigners who arrived in Germany. At the beginning of the century, the legislation was quite strict and completely prohibited bipatrism. On January 1, 2000, the naturalization procedure was noticeably simplified, and by 2015, more than 100 thousand foreigners had received documents. Citizenship was given to interested persons who met a number of requirements:

• lived in the country for a certain time;
• had a permanent legal income;
• did not disturb the order.

Persons previously taken from the country by force were restored to civil rights, and there are many German-born people all over the world. Having a German passport gives the holder many advantages.

What to do for those who were born or chose citizenship before the adoption of new rules

Children who were born in Germany between 1990 and 1999 can, along with the citizenship of their parents, acquire German citizenship by naturalization (transitional rule §40b Staatsangehörigkeitsgesetz (StAG)). To do this, parents must submit a corresponding application to the Einbürgerungsamt. For such children, the same rules apply as for those who have received German citizenship since 2000 automatically, upon their birth in Germany.

Even if the process of choosing citizenship was completed under the old legislation not in favor of German, you can re-submit an application for citizenship under the new rules. The main thing is to be considered as having grown up in Germany.

Conditions for obtaining a German passport

To obtain German citizenship, you must meet the conditions required by law. The general procedure means naturalization. In addition to ethnic Germans, citizenship is granted to categories of persons who:

• have the age of procedural capacity (from 16 years);
• have a legal status (residence permit, permanent residence) and have lived in it in the country for at least 8 years;
• are distinguished by law-abiding behavior throughout their stay in the country;
• have their own home and a legal source of income that is enough to feed their family;
• renounced their previous citizenship (citizens of other countries cannot take citizenship);
• speak German at a normal everyday level;
• passed the citizenship test (you need to know the social order, the laws of Germany);
• complied with other requirements.

These are the requirements for obtaining citizenship on general terms - there are also preferential options. For example, you can get a country’s passport by marrying a German, buying real estate here, or opening a business.

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Features of the integration test

A citizen of Russia or another country will need to pass an integration test - this is a test for every applicant who wants to become a citizen of Germany. Testing is an exam that includes a set of tests, each of which has 4 answer options to choose from (you will need to indicate 1 and do it correctly). A passing grade is considered to be successful completion of 17 questions. The test can be taken any number of times, the cost of one test does not exceed 25 euros.

Important! To obtain a package of documents for citizenship, 50 euros are paid for a child, 250 for an adult.

Main opportunities for obtaining a German passport

German citizenship is given to Russians in accordance with the Law “On Citizenship” (paragraph 3). Reasons:

• right of birth;
• marriage to a German citizen;
• family reunification;
• business (opening and running);
• employment, registration of Blaue Karte;
• granting refugee status;
• recognition of ethnic birthright.

Each option has its own characteristics, which we will consider below.

Acquisition after birth

Obtaining Russian citizenship by birth is the legal right of every child. For this:

• his parents (at least one) must have a German passport;
• the child is recorded as found as a foundling;
• parents must be persons living in the country for at least 8 years.

A child born to illegal German migrants does not receive citizenship rights. Adoptive parents have the same rights as biological parents.

Important! By right of birth, the child has two citizenships - Germany and another country (parents).

Acquiring a German passport through marriage

Marriage to a native German provides his legal spouse with the opportunity to obtain citizenship on preferential terms. To do this you need:

• renounce Russian citizenship;
• integrate into living conditions in Germany;
• good knowledge of German.

The right to permanently reside in the country will be granted after 3 years of marriage; the application is submitted after the expiration of the 2-year period. After entering into a marriage, a residence permit is automatically issued for 3 years.

Business Immigration Program

The fishing regulations in the country are characterized by liberal conditions. Conducting business activities is the prerogative of not only native Germans, but citizens of other states. The condition is the presence of a formalized permit to conduct commercial activities in Germany.

A residence permit is issued almost immediately; a permanent one can be obtained after 3 years of actively doing business in the country. Family members of the entrepreneur receive similar rights.

Features of the EU Blue Card

The EU issues blue cards - a type of temporary residence permit, which are applied for by specialists with appropriate education. Applying for a passport is simple and quick, but you need a special invitation. The employer draws up a document according to the form and confirms that he cannot find such a professional in Germany. Having a diploma listed in European countries is mandatory. Experience in the industry – from 5 years.

Main methods and grounds for obtaining citizenship in 2021

In accordance with the legislation of the Federal Republic of Germany, foreigners have a number of opportunities to obtain German citizenship.

By right of birth

A child born in Germany can automatically acquire German citizenship if the following conditions are met:

• Both or one parent is a citizen of Germany (in cases where only the father is a citizen, he is required to confirm parental rights to the child, drawn up in accordance with the legislation of the country). In this case, the state where the child was born does not matter.

• The child is a foundling and was found in the country.
• Mother and father do not have citizenship, but have lived in the country for more than 8 years officially. In this case, the child must be born in Germany.
• Parents have passports of any other EU country.

German citizenship is not automatically granted to children born as a German citizen (with acquired citizenship and date of birth before 2000) in the territory of other countries. In this case, in order to obtain a German passport, the newborn will have to go through the procedure of deprivation of citizenship (become stateless).

Long-term residence or naturalization

German citizenship for Russians who have no reason to claim a German passport by birth can be obtained through naturalization. To do this, the period of legal stay of a person in the country must be from 5 to 8 years. This period includes the time spent in Germany under residence permits and permanent residence permits (residence permits for students for the period of study are not taken into account).

The applicant must also have the required level of income that can provide the necessary standard of living for him and his family members.

The candidate must also have a certificate of successful passing of the German language exam, have no problems with the police (drives and arrests), and also successfully pass the test for integration into German society. When obtaining German citizenship through naturalization, a Russian must renounce his real passport (legally), become familiar with German legislation and accept it.

Program for ethnic Germans

For people born in Germany (or their descendants) and who left the country for various reasons, the German government provides the possibility of simplified acquisition of citizenship. In order for a Russian to take advantage of this opportunity, his nationality column must indicate German in his passport.

Candidates falling under this category are provided with a number of benefits:

• Free learning of German in 6 month courses.
• Integration allowance in the amount of 3 thousand (for those born before April 1, 1946) and 2 thousand euros for those born after.
• Simplified procedure for registering pensions.

Spouses of ethnic Germans can obtain citizenship under the marriage clause.

Marriage to a German citizen

One of the possible ways for Russians to acquire a German passport is marriage. But it is possible to apply for citizenship only after 3 years after the conclusion of the union. In addition, the German immigration service strictly monitors and punishes fraudsters who try to achieve German citizenship through a fictitious marriage.

German citizenship for Russians is possible upon marriage with a citizen of the country.

If German law enforcement agencies become suspicious, a citizen of the country may receive a fine, and the applicant for a German passport will be deported from Germany.

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Business immigration

Obtaining German citizenship through commercial activities and investments in the German economy is possible, but requires compliance with certain conditions.

For example:

• The candidate's activities must have an important impact on the economic development of Germany or a region of the country.
• Significant monetary assets or ability to obtain credit.
• The authorized capital is more than 25 thousand euros.

EU Blue Card

This is a way to obtain German citizenship through permanent residence. A blue card can be obtained by graduates of higher education institutions with a profession in demand in the EU.

To do this, you need to conclude a contract with a company from Germany with an annual salary of at least 44,800 euros.

Refugee status

German citizenship for residents of Russia can be obtained through obtaining refugee status.

To do this you need to have confirmation and evidence:

• Political persecution on the territory of Russia.
• Direct violation of human rights in relation to the candidate.

After checking the information and granting refugee status, Russians will have to spend at least 6 years in Germany. Only after this will it be possible to apply for a German passport.

Jewish immigration

German law provides for a simplified immigration system for Jews.

The key conditions for taking advantage of the preferential program and obtaining German citizenship are:

• the total period of legal stay in Germany is at least 6 years,
• an entry in the Russian passport stating that the candidate is Jewish by nationality.

Adopting a child

Russians under 18 years of age can be adopted by German citizens and receive the opportunity to obtain German citizenship only after 3 years of living in the family.

Studying at a higher educational institution

While studying at a higher educational institution in Germany, Russians are granted a residence permit for up to 10 years (including preparatory courses). Upon graduation, students are given a deferment of up to 1.5 years to find a job.

In order to take advantage of this opportunity to immigrate to Germany and obtain German citizenship, you must meet a number of requirements.

They are:

• Age . From 18 years old (17 to take German language courses).
• Knowledge of the language . Education in Germany can be obtained in English and German. An above-average knowledge of one of them is required (certificate of passing the IELTS test or equivalent).
• Provide recommendations from a school or secondary vocational educational institution.

To obtain a German passport, it is not enough to enroll in a university, graduate and find a job within the specified period. The specialty chosen by the candidate for citizenship must be in demand and generate an annual income of 44,800 euros.

Volunteer programs

There is an urgent need for social workers in Germany. In order to provide special services with personnel, the government of the country developed and implemented a program to hire volunteers from other countries.

A contract is concluded with selected candidates (usually for 1 year). Russians who want to live in Germany work for a salary of 300 to 400 euros per month and a residence permit is issued for them for the period of the contract. It is not possible to obtain citizenship this way, but it is possible to obtain the required number of years before naturalization.

Work, internship, practice

German citizenship for Russians is available through programs of the Stuttgart Institute of International Relations. The educational institution recruits citizens in specialties related to the social, cultural and educational spheres.

The following requirements apply to candidates:

• Age from 23 to 45 years.
• Knowledge of English (German) language.
• Minimum 2 years of official work experience in your specialty in Russia.

Recruitment of people for the institute's program begins in October/November. All expenses are borne by the German educational institution.

Buying a property

According to German law, the purchase of real estate is not grounds for granting a residence permit for foreigners. Therefore, real estate in Germany will not directly affect the possibility of obtaining citizenship.

But owning housing in Germany increases the chances of considering an application for German citizenship for Russians on other grounds. When considering applications, the immigration service takes into account the fact that you have your own living space in the country.

Others

The simplified program can be used by close relatives (children, spouses) living in Germany. For this purpose, in Germany there is a social program “Family Reunification”.

Purchasing methods

Next, we will talk about ways to acquire citizenship. Each scheme has its own characteristics and requires different deadlines for registration.

By birth durch geburt

Not every child born in Germany becomes German. To obtain citizenship, the following conditions must be met:

1. One parent (at least) has citizenship, the birth took place in the country.
2. Both parents have permanent residence; the birth took place in Germany.
3. A child was born in Germany to parents without citizenship - a petition is submitted, and after a period of time it is granted.
4. A minor child was adopted by the Germans - citizenship is issued 3 years after the procedure.

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By marriage

By marriage, citizenship is granted subject to the spouse's knowledge of the language and his successful integration into the life of the country. Renunciation of previous citizenship is mandatory. After marriage, the application is submitted after 2 years, the passport is issued after 3.

For business

The business immigration program allows Germany to attract qualified personnel, investments in the economy, and immigrants to obtain citizenship through a simplified procedure. Becoming a full-fledged German within the category of entrepreneurial activity is much easier than in all others. Knowledge of the language is not required; citizenship is assigned to all members of the businessman’s family.

Family reunification

The most popular legalization scheme. It is used by Germans and foreigners with the right of legal residence in Germany. It is necessary to have permanent residence, a residence permit, a permanent residence permit, sufficient living space for family members, and a source of income. The right of reunification is not absolute; the final decision rests with representatives of the Federal Foreign Office.

By blaue karte eu

The Blue Card is a type of residence permit for qualified specialists. To obtain it, you need an employment contract with a German organization. Having a university diploma comparable in importance to a German one or a German one is mandatory. To obtain a Blue Card you also need permission to legally stay in the country. A passport is issued after 3 years of permanent work in Germany; payment of fees and taxes in full is required. The period is reduced to 21 months with perfect language proficiency.

Asylum

Citizenship does not automatically grant status. Obtaining the refugee category is possible if there is a well-founded fear for life as a result of persecution in the country of official affiliation for political, racial, national, or other reasons. The status gives the right to travel, residence, accrual of social assistance, other support and guarantees. In the future, on its basis they will receive a residence permit, permanent residence, citizenship, but subject to other conditions.

By ethnic ties

If you have ethnic ties, obtaining citizenship is much easier. According to local legislation, ethnic Germans are of German nationality and have the status of migrants. To obtain citizenship, the applicant proves his roots and submits a full list of documents for consideration. If the answer is positive, the passport is created automatically.

Procedure for obtaining citizenship

Obtaining official German citizenship requires compliance with procedural subtleties. Contender:

1. Legally enters the country with a visa or visa-free.
2. Issues a residence permit, long-term visa.
3. Grants a permanent residence permit/permanent residence permit.
4. Lives in the country for 8 years, and in rare cases for 6-7 years.
5. Submits documents for citizenship.
6. Passing the test.
7. Renounces previous citizenship.
8. Receives a German passport.

Residence permit and permanent residence

The answer to the question of how to obtain German citizenship for a Russian citizen is simply simple: live in the country for a long time on the basis of a residence permit or permanent residence permit. Residence permits are given to persons employed by invitation, business immigrants, refugees and other categories of citizens. After 5 years of residence in Germany, a person applies for a settlement permit - that is, permanent residence.

Submitting an application and documents

The next stage of obtaining a new German citizenship is drawing up an application and submitting documents. This is done at the department of citizenship affairs - first check which one you are assigned to. There is no single application form - each department has its own. Required data:

• personal information of the applicant personally, his parents, family;
• information about residence since birth;
• education, specialty, work experience;
• sources, amounts of income;
• grounds for obtaining German citizenship;
• intention to leave the previous citizenship.

Documents are translated into German and apostilled. This is a passport with a visa, a birth certificate for children, parents, and marriage. Please also provide confirmation of the change of name and surname. You need a certificate of knowledge of German, an employment contract, a photo 3.5*4.5 cm.

It is mandatory to familiarize yourself and sign a declaration of loyalty to the country. The fee for issuing a passport is 255 euros for an adult, 51 euros for a child. The government allows the fee to be paid in installments or to apply for its reduction.

Passing the citizenship test

Every applicant undergoes a citizenship test. The exam includes questions on the history, laws of the country, its culture, political and social structure, and orders. The catalog contains 310 questions. One test has 33 points; to pass successfully you need to answer 17 correctly. Pensioners, children, and disabled people do not pass the test.

Renouncing your citizenship

How can one obtain German citizenship while having Russian citizenship? No way - the newly-made German citizen refuses the old one after prior consent. Expression of will is voluntary, the absence of unfulfilled obligations to the homeland is a mandatory condition. Deprivation of citizenship takes a long time - about a year. Without it, a German passport will not be given.

Duty to choose citizenship

Along with the right to a German passport, there also comes the obligation to choose between German citizenship and the citizenship of the child’s parents. This choice must be made before reaching 21 years of age.

That is, up to the age of 21, a child can have a German passport in parallel with the citizenship inherited from their parents. And after that, you have to decide and leave only one thing.

But there is an important exception here.

From December 20, 2014, Germans by birthright who grew up in Germany or if they only have citizenship of an EU country or Switzerland in parallel with German are exempt from this choice.

According to the law, “raised in Germany” is someone who, before reaching the age of 21:

• lived for eight years in Germany or
• attended school in Germany for six years or
• has completed school education or received vocational education in Germany.

Once again, in other words: by default, if at least one parent of a child has German permanent residence and has lived for 8 years in Germany (in fact, he himself can apply for German citizenship), then his child born in a German maternity hospital automatically receives German citizenship and the citizenship of his parents . But by the age of 21, he is required to choose only one of his citizenships, unless he is considered to have “grew up in Germany.”

Until December 2014, everyone without exception had the obligation to choose citizenship.

But now the law applies to all children for whom the procedure for choosing citizenship has not been completed. That is, even if someone was born before 2014 and received an order from the German authorities that he is obliged to choose citizenship, now he can also fall under the exception for those who grew up in Germany. The child's parents are notified of this separately.

Is dual citizenship possible?

Germany does not recognize bipatrism, so newly-made citizens of the country renounce their previous citizenship. Keeping your old passport is possible in exceptional situations. Examples: the law of another country does not exclude citizenship; a newly-minted German is over 60 years old; renunciation of citizenship will lead to significant material losses. Also, some EU citizens become bipatrites - for example, Switzerland. Russian citizenship is not retained.

Possible reasons for refusal

Applicants for citizenship often receive refusals. Main reasons:

• providing incorrect information (especially about the grounds for issuing a passport);
• forged documents, incomplete list of papers;
• lack of permanent income, incorrect information about it;
• illegal presence in the country;
• prosecution of criminal law enforcement agencies in Germany and EU countries.

If they disagree with the refusal, the applicants challenge it in court.

There are many reasons for obtaining a German passport; for Russians it is naturalization or confirmation of ethnicity. Naturalization requires permanent residence in the country for at least 8 years, a source of income, and a high level of language proficiency. Successful passing of the test (exam on knowledge of laws) and renunciation of Russian citizenship are required.

Method No. 5. Jewish immigration to Germany

On January 9, 1991, a decision was made to accept Jews who had actually arrived in Germany or who wanted to leave the USSR. From this moment on, persons who immigrated to Germany through this line receive a certificate of privileged legal status. The special status implies accelerated acquisition of German citizenship through a simplified procedure.

When deciding whether to grant citizenship to Jewish immigrants, their applications are considered first, and the period of permanent residence in Germany sufficient for application is 6 years. Immigrants can also maintain dual citizenship, although this is not welcomed by the German authorities.

Other conditions common to all immigrants must be met. Applicants must demonstrate their approval of the German polity and be proficient in the German language. German citizenship is not granted to persons who have committed crimes.