Germany, even despite its controversial history, has always remained one of the most comfortable, and therefore preferable, countries to live in. Being one of the most developed states on the planet, it annually becomes a haven for hundreds of thousands of newly-minted Germans, including many former Russians. In the context of this, many of our compatriots are increasingly concerned about dual citizenship in Germany with Russia. Is it possible under the laws of both countries, and if so, in what cases?
What is dual and multiple citizenship
Bipatrism and multiple citizenship arose back in the days of Roman law: according to it, this is the legal status of a person who has citizenship in several countries, which, in turn, consider him their citizen. Multiple citizenship should be distinguished from dual citizenship, which can arise only as a result of the conclusion between countries of an appropriate international treaty on mutual recognition.
Such agreements, as a rule, are concluded only by countries between which there are historical ties created over centuries, which is why they are rare in international practice. Among the most famous examples are treaties between Great Britain and the countries of the British Commonwealth, between Italy and Argentina, and so on.
If there are no such agreements, each country, in relations with a binational, recognizes him exclusively as its own citizen, without recognizing his second passport on its territory. But if the legislation of the country allows bipatrism, non-recognition does not deprive a citizen of the right to own two passports.
Is it allowed to have dual citizenship Russia-Germany
Individuals with dual citizenship have the opportunity to choose the government where they would like to receive social protection and fulfill their duties. In turn, people who have a second citizenship are obliged to two countries at once. They can also enjoy the rights of the countries in which they received their passports.
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According to the law, which was adopted in 2014, after obtaining a second citizenship, Russians are required to inform the federal authorities that control the field of migration about this within 2 months . Citizens will not have any problems due to a long stay outside Russian territory. Current legislation is friendly to dual citizenship, so people can obtain a passport in both Germany and Russia even in the absence of a special agreement.
Bipatrism: Germany's position
Now we propose to find out whether a German citizen can have dual citizenship. The basis of local legislation on citizenship is the German Citizenship Law - adopted on July 22, 1913 in the German Empire and is still in force, albeit with amendments (hereinafter referred to as the Law).
The position of the state regarding bipatrism is set out in paragraph 25 of the said law, according to which every German loses German citizenship if he receives a passport of any other country by his own will or the will of his legal representative.
A similar rule has been established for foreigners who apply for German citizenship: according to paragraph 10 of the law, registration of a German passport is possible only in case of loss of previous citizenship or renunciation of it.
Thus, German law generally denies the possibility of obtaining both dual and multiple citizenship. For a long time, such standards were considered the only correct ones. However, the change in the migration situation forced the German leadership to reconsider its position.
Even before the European migration crisis, namely from the mid-90s, the country’s migration policy began to change: some exceptions appeared in terms of holding both foreign and German passports at the same time, citizenship began to be granted by birthright, and a number of other changes were made.
Some German political forces still continue to insist on tightening migration policy, but German bipatrism, although in exceptional cases, still exists. We invite you to consider these exceptions in more detail.
When is dual and multiple citizenship possible?
According to the German Bureau of Statistics, there are about 4.5 million binational people living in Germany. Germans with foreign citizenship have, first of all, passports of Turkey, Poland and, oddly enough, Russia. How did they manage to circumvent the legal ban on dual citizenship?
The fact is that it is possible to legally obtain a second citizenship in Germany and, accordingly, bypass the ban only in exceptional cases, which, according to paragraph 25 of the German Citizenship Law, are:
- A German’s second citizenship arises automatically, without filing a petition: for example, when marrying a foreigner, whose citizenship, according to the law of a foreign state, automatically extends to his spouse;
- a German acquires a passport from Switzerland, another country that is part of the European Union, or a country with which Germany has a corresponding international treaty - in this case, it is even possible to obtain dual citizenship, if this is provided for by the relevant treaty framework;
- the German has received appropriate permission from the competent authorities to retain a German passport - this is possible, in particular, if multiple citizenship is provided for by the German Residence Act (Aufenthaltsgesetz). If a German at this moment does not live in Germany, the law requires that the German consul in the country of his residence express his position on this matter.
In addition, paragraph 12 of the German Nationality Act provides for a number of exceptions, when renunciation of foreign citizenship is not required to obtain a German passport. Thus, new German citizens can keep their previous foreign passport if:
- the legislation of the country of the person’s second citizenship does not provide for or makes impossible the procedure for renouncing citizenship;
- the procedure for renouncing citizenship has been delayed or is disproportionately expensive;
- a foreign state, even despite observing all procedural aspects, denies the applicant renunciation of citizenship;
- Elderly people undergo naturalization - they are also allowed to retain their previous citizenship;
- renunciation of citizenship, in addition to the loss of a passport, will entail significant infringements of the citizen in terms of economic and property rights (for example, loss of a pension, which is the only means of subsistence).
All these persons have the right to retain both a foreign and a German passport. In addition to them, according to paragraph 29 of the above law, the right to bipatrism is guaranteed to children born in Germany if at least one of the parents was German and the other was a foreigner.
Previously, such dual citizenship was valid until the binational reached the age of 23, after which the law obliged him to choose between two passports. If refusal of a foreign document was impossible or unfounded, the legislator allowed the preservation of dual citizenship. However, changes to the legislation adopted in 2021 make it possible to maintain bipatrism even after 23 years.
But dual citizenship cannot be automatically acquired after marriage to a German. Marital relations with a German citizen certainly provide foreigners with some privileges in terms of obtaining a German passport, but paragraph 9 of the Law also establishes the renunciation of their foreign passport as a prerequisite for the naturalization of German spouses.
Thus, we can draw an intermediate conclusion: in general cases, bipatrism is prohibited in Germany, but in some cases exceptions are possible, allowing one to obtain both multiple and dual citizenship. What do people in Russia think about this?
Dual citizenship in Germany
If the child decides in favor of the parents' citizenship, he loses German citizenship. The same thing happens if the child, upon reaching 23 years of age, has not stated at all what kind of citizenship he wants to have. If a child decides in favor of German citizenship, then by the age of 23 he is obliged to prove (documentary confirmation) that by this time he does not have any other citizenship.
However, as with any law, there are exceptions, for example, dual citizenship with Germany is allowed if renouncing citizenship is impossible or involves special difficulties. Additional exceptions exist for elderly persons, if obtaining permission to renounce foreign citizenship is associated with disproportionate difficulties, for persons with recognized refugee status, if the conditions for obtaining permission to renounce foreign citizenship are unacceptable (including too high a fee for renunciation of citizenship or a humiliating procedure for renunciation of citizenship), if significant economic or property damage occurs. When granting citizenship to German spouses, the same exceptions are allowed.
Bipatrism in the Russian Federation
In Russia, bipatrism is simpler: the right to acquire a foreign passport is enshrined in Art. 62 of the Russian Constitution, according to which new citizenship does not deprive a Russian of the rights and responsibilities assigned to him under a Russian passport. Clarification on this matter is set out in Art. 6 Federal Law No. 62 of May 31, 2002: in civil legal relations between Russia and a bipatriate with Russian citizenship, he is recognized exclusively as a citizen of Russia.
Exceptions are possible only when Russia has an appropriate contractual framework with another country - in this case, the holder of two passports can be recognized in the Russian Federation as a bipatriate.
The only such agreement was concluded between the Russian Federation and Tajikistan. No such agreement was concluded with Germany, and therefore Russian-German dual citizenship in 2021 is impossible even in theory. Moreover, given the fact that German law prohibits bipatrism in most cases, it is impossible to obtain a German passport without going through the procedure for changing citizenship. Let's look at it briefly.
Germany approves dual citizenship
This is true. “Dual citizenship” and “two citizenships” are slightly different concepts. In the first case, an appropriate international treaty must be concluded between the countries, and then a citizen in each of the participating countries is considered a citizen of both countries. As I understand it, this agreement regulates the payment of taxes, military service, etc. (so that something, somewhere would be counted) In the second case, for example, as is now the case with Russia and Germany, in each country a person is considered a citizen only of his own country: in Germany a German, in Russia a Russian. This is only true for countries that allow such a situation.
Diana, thanks for the news, very on topic! Just one clarification: I studied this issue not long ago, and if I understood everything correctly, then in the Russian Federation this phenomenon is not called “double grouping,” but “second” or, there, third. Purely terminological confusion, and DG is some completely different phenomenon. But I won’t say, and it doesn’t matter. And the news is really good! :-)))
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Change of citizenship
To acquire German citizenship, you must initially renounce Russian citizenship. Exit from it is carried out in accordance with Articles 19-20 of Federal Law No. 62 of May 31, 2002. It is possible as a result of the voluntary expression of the will of a Russian, provided that:
- he has no outstanding obligations to the Russian Federation: for paying taxes, for completing military service;
- he is not under criminal prosecution;
- he acquires a different citizenship or guarantees of obtaining it after breaking ties with the Russian Federation.
Only after this the former Russian will be able to obtain a German passport. Most often this happens through naturalization, the main conditions of which include:
- legal residence in the country for 8 years (the period can be reduced to 7 or 6 years);
- compliance with the Constitution and laws;
- obtaining the right to permanent residence;
- the opportunity to earn money without claiming social benefits;
- absence of court verdicts against the candidate;
- sufficient knowledge of the language, legal and social order of Germany.
The article “Renunciation of Russian Citizenship” will tell you more about procedural issues.
Dual citizenship in Germany
An exception is made if renunciation of citizenship is impossible or is associated with special difficulties. This primarily applies to older people if obtaining permission to renounce foreign citizenship is associated with disproportionate difficulties - illness, lack of funds, inability to obtain confirmation of citizenship, a humiliating procedure for renouncing citizenship, etc. An exception is also allowed for persons with recognized refugee status. As an exception to maintaining previous citizenship for other citizens, there may be unacceptable conditions for obtaining permission to renounce foreign citizenship - too high a fee for renunciation of citizenship, a humiliating procedure, dependence of renunciation on military service, if the foreigner received a significant part of his school education in a German school and reached conscription age in a German environment, etc. Another reason may be the occurrence of significant damage, especially of an economic or property nature.
In accordance with Art. 208 of the Tax Code of the Russian Federation, income from sources in the Russian Federation includes income received from leasing or other use of property located in the Russian Federation; income from the sale of real estate located in the Russian Federation. A tax resident pays taxes on property located in Russia, as well as income tax. However, tax rates for Russian residents and non-residents differ significantly. Thus, a resident pays a tax in the amount of 13% of the amount of income, a non-resident - in the amount of 30% of the amount of income. In addition, income tax benefits do not apply to non-resident persons.
