Citizenship here is how it works in Europe GERMANY

GERMANY
The German Basic Law (Grundgesetz) of 1949, Article 16, paragraph 1, establishes the principle of irrevocability of German citizenship, stating it lost only due to law and, if the person concerned manifests a contrary intention, only to prevent he becomes stateless. Between the transitional and final provisions of the Basic Law then there is Article 116 which gives the definition of "German", understood as "one who possesses German citizenship or who has been accepted as refugees or expulsion of German nationality or his spouse or descendant, in the territory of the German Reich second status of 31 December 1937 ". To those who were deprived of German citizenship between January 30, 1933 and 8 May 1945, for political, racial or religious, was again granted citizenship on the basis of an application for naturalization. The same possibility is also offered to the descendants. Are not considered no nationality who after the war have taken up residence in Germany and have not expressed a contrary intention.


The federal legislative framework relating to citizenship is contained mainly in the Law on Citizenship (Staatsangehörigkeitsgesetz - Stag) [1] on July 22, 1913 that, in recent years, has undergone three major reforms. The first, implemented by Law to reform the Law on Citizenship of 15 July 1999 and entered into force on 1 January 2000, introduced as a further condition for the acquisition of German citizenship, the principle of place of birth (jus soli or Geburtsortsprinzip ), in addition to the principle of parentage (jus sanguinis or Abstammungsprinzip).
With the Immigration Act (Zuwanderungsgesetz) [2] of 30 July 2004, entered into force on 1 January 2005, regulating the right to naturalization, previously contained nell'Ausländergesetz [3] has been almost fully transposed in some articles the Law on Citizenship.


Finally, Article 5 of the law implementing EU directives on asylum and residence (Gesetz zur Umsetzung von Aufenthalts asylrechtlichen-und Richtlinien der Europäischen Union) [4] of 19 August 2007, entry into force on 28 August 2007, has introduced a new mode of acquisition of German citizenship and has amended the law concerning the naturalization of foreigners residing in Germany.
As regards, more specifically, the manner of acquisition of German citizenship, the citizenship law, Article 3 provides that it can become a German citizen by birth, by adoption, for naturalization and, since the reform of 2007, If the person concerned has received treatment for a German citizen for a long period (Ersitzung).


Under the new provisions, in fact, may acquire German citizenship also the one who for twelve years was considered by the government as a citizen of the Federal Republic without being one (§ 3 paragraph 2). Purpose of the rule is to protect legal certainty, especially in cases in which German citizenship is a necessary condition for the exercise of additional rights, for example the right to vote and those relating to the discipline of civil servants.


The offices of the government where the law refers are to be found in the state and provincial authorities responsible for nationality (for Consular Affairs for the issuing of passports and identity cards for legal registration and civil status) . The status of a German citizen may be through the release of documents showing the German identity of the holder (passport or identity card), the voter registration for elections to national, regional and municipal authorities, taking ol'abilitazione in the civil service to a particular profession. This right extends to descendants.


Citizenship by birth and adoption
Under the principle of parentage (jus sanguinis or Abstammungsprinzip), a child acquires German citizenship at birth if at least one parent is a German citizen (§ 4, paragraph 1). E ', nevertheless, that the subsidiary is valid under federal law. If, for example, the German nationality is transmitted from the father and if he is not married to the mother of the child, you need the recognition (Anerkennung) or a finding of paternity (Festellung der Vaterschaft) before the child has reached the twenty-third year age.


Since 1 January 2000 will automatically acquire German citizenship not only children of German citizens, but also the children of foreigners born in Germany (jus soli or Geburtsortsprinzip), provided that at least one parent residing lawfully and habitually in the country for at least eight years and enjoys the right to remain indefinitely (unbefristetes Aufenthaltsrecht) or, if it is a Swiss citizen, is in possession of a residence permit (Aufenthaltserlaubnis) issued under the Agreement of 21 June 1999 between the European Community and its Member States the one hand, and the Swiss Confederation, concerning the freedom of movement (§ 4, paragraph 3).


A child of unknown parents (Findelkind) that is found in German territory is considered the son of German citizens until proven otherwise (§ 4, paragraph 2).


The acquisition of German citizenship is entered in the register of births (Geburtenregister) in which it was recorded the birth of the child (§ 4, paragraph 3).


Children born before 1 July 1993 by a German father and foreign mother may acquire German citizenship by declaration, to be completed before the completion of the twenty-third year of age, whether the recognition of paternity ol'accertamento apply for German law and if the child himself is lawfully and permanently resident in Germany for three years (§ 5).


Children who become German citizens under the principle of place of birth at the same time acquire the nationality of foreign parents. The completion of age have five years to declare their desire to maintain the German nationality or the country of origin of parents. This declaration must be in writing (§ 29, paragraph 1). If they choose to retain the nationality of their parents or do not make any official statement within the time allowed, they lose their German citizenship (§ 29, paragraph 2). If an intention to retain their German nationality must prove, within the own terms, having lost the foreign (paragraph 3). Immediately after the age of eighteen years old the person concerned is informed by the competent authorities on the conduct of the proceedings.


The requirement to renounce dual citizenship does not apply to children who have acquired German nationality under the principle of subsidiary. In this case, they obtain the citizenship of both parents.


Finally, paragraph 6 provides for the acquisition of citizenship through the adoption of a child (Annahme als Kind) by a German citizen. This right extends to his descendants.


Citizenship by naturalization
The law reform of 2007 changed the rules for naturalization (Einbürgerung) foreigners residing in Germany and has simplified the procedures.


The provisions on naturalization are mainly contained in Articles 8 to 16, from 36 to 38, 40b and 40c of the Law on Citizenship.


For those who are not German by birthright, but because they want to become settled in Germany, naturalization is the main way to acquire German citizenship. Naturalization does not happen automatically, but after a special request from the person concerned.


In the case of naturalization and permanent resident aliens fall regularly in Germany, foreign spouses of German citizens and children.


Under paragraph 10 of the Law on citizenship, an alien seeking naturalization must meet the following requirements:
• Eight years of permanent residence and office on the German territory [the term does not apply to foreign spouses and minor children, who may be naturalized for the applicant even if they reside legally in Germany for a shorter period of time (§ 1st, subparagraph 2), and no stops for trips abroad for up to six months (§ 12b, paragraph 1)];
• the possession of the capacity to act (minimum 16 years), in accordance with the provisions of Article 80, paragraph 1, of the Residence Act, or a legal representative;
• Compliance and compliance free and democratic order established in the German Basic Law;
• the right of unlimited residence permit or a permit issued under paragraph 4, paragraph 3, of the Law on citizenship or a valid residence permit issued by one of the purposes mentioned in Articles 16, 17, 20, 22, 23 , paragraph 1, 23a, 24 and 25, paragraph 3 to 5 of the Residence Act;
• the ability to ensure the maintenance of themselves and dependents, without recourse to social assistance (Sozialhilfe) or to unemployment benefit (Arbeitslosengeld II). With the reform of 2007, persons under the age of 23 years who aspire to naturalization should take care of themselves without resorting to the economic support provided in the Second Book of the Social Code (Safety base for people looking for work) and Twelfth Book of the Social Code (public assistance);
• the waiver or loss of citizenship of origin. The reform law of 19 August 2007 can, however, to all citizens of the European Union and Switzerland to maintain their nationality of origin (§ 12, paragraph 2);
• the absence of criminal convictions for having committed acts contrary to law or measures of correction and safety. The recent reform has tightened the limits for minor criminal offenses is excluded from the procedure for naturalization who has been sentenced to a penalty exceeding the 90 daily rates or a prison sentence of longer than three months;
• demonstration of sufficient knowledge of German;
• the knowledge of the German legal system and the social and living conditions in Germany in which the candidate for naturalization must comply.


Knowledge of German is an essential condition for obtaining citizenship and integrate into the fabric of society and politics. The reform of 2007 has established that to obtain naturalization the applicant must pass a written examination and oral German and achieve Zertifikat Deutsch, equivalent to level B1 of the Common European Framework of Reference for the learning of languages (for minors under 16 years is sufficient language skills appropriate to their age). Are excluded from this requirement prevented people from physical or mental illness.

Article 10, paragraph 3 of the Law on Citizenship provides that foreigners who have attended and successfully completed a course of integration (Integrationskurse) reduce by one year (from eight to seven) the minimum period of residence required to obtain naturalization. With the recent act amending the law on citizenship, the period may be further reduced to six years if the alien proves that he has made great efforts for integration, such as, for example, that it exceeded the B1 level of knowledge of German language required by law.


Finally, from September 1, 2008 is required to demonstrate knowledge of the German social and legal order and the conditions of life in Germany through passing a test for naturalization (Einbürgerungstest), which are still exempted persons prevented by physical illness or mental. For exam preparation courses are available to naturalization (Einbürgerungskurse) whose participation, however, is not mandatory (§ 10, paragraph 5).


The provisions relating to naturalization of aliens shall apply in the case of marriage or registered partnerships (Lebenspartnerschaft) with German citizens, this case that of "naturalization due" (Soll-Einbürgerung or In-der-Regel Einbürgerung) governed by § 9th. Naturalization is granted, subject to the conditions provided for in § 8, if it is lost or waiving the citizenship of origin, and demonstrate knowledge of living conditions in Germany and the German language. Even the minor children of spouses or partners registered aliens may be naturalized. In this case, the period of residence required to submit the corresponding application is reduced from eight to three years, while the duration of the marriage or registered partnership must be at least two years.
For those who are entitled to asylum under Article. 16a of the Basic Law, for recognized refugees under the Geneva Convention and to stateless persons the procedure is shorter, being six years of living adequate for obtaining citizenship.


I § § 13 and 14 of the Law on Citizenship of concern, finally, two more cases of "discretionary naturalization" (Kann-Einbürgerung or Ermessenseinbürgerung). These are, respectively, of the naturalization of former German nationals habitually resident abroad and their children legitimate adopters, and the naturalization of foreign citizens living abroad and maintain special links with Germany, justifying the naturalization .


Applications for naturalization may be submitted to the competent local authorities after the age of sixteen years of age.


According to § 38, paragraph 2, of the Law on Citizenship is required for naturalization fee of 255 euros. For children who are not economically independent of the amount is 51 euros.
In form, prepared by local authorities to apply for naturalization must be attached the following documents: a passport-size photos, a passport with a residence permit, birth certificate, marriage certificate, if it also required the naturalization of spouse, a document indicating the salary (Verdienstbescheinigung) and possibly a certificate from the employer, a certificate of the institute (legally recognized) certifying language skills.


Dual citizenship or multiple
In the current legislation remains valid on the general principle that is not allowed dual citizenship or multiple (Vermeidung von Doppelte Staatsangehörigkeit - Mehrstaatigkeit). Those who wish to acquire German citizenship through naturalization must, therefore, give up the home.


There are, however, the circumstances provided for in § 12 of the Law on Citizenship, representing an exception to the general rule, justified by the fact that sometimes you can not renounce their nationality, because the order of the country of origin had not been included or because the foreign state regularly rejects applications [5]. The law provides for exceptions in the case of very old people, refugees and political refugees, and if the waiver would result in the payment of particularly high interest rate or give rise to serious bias economic or balance sheet. Moreover, starting from 28 August 2007, the renunciation of original nationality is not required if the applicant is a citizen of one EU member state, Switzerland or another country with which the Federal Republic of Germany has concluded a convention of international law (§ 12, paragraphs 2 and 3). Also on the basis of the measures introduced in 2007, German citizens do not automatically lose their citizenship if acquired that of an EU member state, Switzerland or another country with which the Federal Republic of Germany has signed a international law (§ 25, paragraph 1).


German citizens who wish to acquire citizenship of another country without losing the home country may apply for permission to maintain the so-called German citizenship (Beibehaltungsgenehmigung) which may be granted at the discretion by the competent national authorities after weighing the public interests and private (§ 25, paragraph 2).