In the
version published on 22 July 1913 (Reich Law Gazette I p. 583 - Federal Law
Gazette III 102-1), as last amended by Article 5 of the Act on the
implementation of residence- and asylum-related directives of the European
Union of 19 August 2007 (Federal Law Gazette I p. 1970)
Table of Contents
Section 1 [Definition of a German]
Section 2 [Repealed]
Section 3 [Acquisition of citizenship]
Section 4 [Acquisition by birth]
Section 5 [Right of declaration for children born before 1 July 1993]
Section 6 [Acquisition by adoption as a child]
Section 7 [Acquisition by issuance of the certificate pursuant to
Section 15 (1) or (2) of the Federal Expellees Act]
Section 8 [Discretionary naturalisation]
Section 9 [Naturalisation of spouses or life
partners of Germans]
Section 11 [Grounds for exclusion]
Section 12 [Naturalisation accepting multiple
nationality]
Section 12a [Decision in case of conviction for an offence]
Section 12b [Interruptions of residence]
Section 13 [Discretionary naturalisation of former
Germans abroad]
Section 14 [General discretionary naturalisation
abroad]
Section 15 [Repealed]
Section 16 [Certificate of naturalisation]
Section 17 [Loss of citizenship]
Section 18 [Release from citizenship]
Section 19 [Release from citizenship of a person in parental custody or
in the care of a guardian]
Section 20 [Repealed]
Section 21 [Repealed]
Section 22 [Refusal of release from citizenship]
Section 23 [Certificate of release]
Section 24 [Invalidity of release from citizenship]
Section 25 [Loss of citizenship on acquisition of a foreign citizenship
following due application for the same; approval of retention of citizenship]
Section 26 [Renunciation]
Section 27 [Loss of citizenship on adoption by a foreigner]
Section 28 [Loss of citizenship as a result of joining the armed forces
or a comparable armed organisation of a foreign
state]
Section 29 [Declaration]
Section 30 [Establishment of German citizenship]
Section 31 [Personal data]
Section 33 [Register of decisions relating to nationality law]
Section 34 [Opting procedure]
Section 35 [Repealed]
Section 36 [Naturalisation statistics]
Section 37 [Procedural provisions]
Section 38 [Fees]
Section 38a [Ban on issuance of citizenship certification in electronic
form]
Section 39 [Repealed]
Section 40 [Repealed]
Section 40a [Acquisition of German citizenship by Germans without German
citizenship within the meaning of Article 116 (1) of the Basic Law]
Section 40b [Transitional provision for children up to the age of ten]
Section 40c [Transitional provision for persons applying for naturalisation]
Section 41 [No possibility of deviation on the part of the Länder]
Section 1 [Definition of a German]1
A German within the meaning of this Act is a person
who possesses German citizenship.
Section 2
(Repealed)
Section 3 [Acquisition of citizenship]
(1) Citizenship is acquired
1. by birth (Section 4),
2. by a declaration pursuant to Section 5,
3. by adoption (Section 6),
4. by issuance of the certificate pursuant to Section 15 (1) or (2) of
the Federal Expellees Act (Section 7),
4a. for Germans without German citizenship within the meaning of Article
116 (1) of the Basic Law, under the procedure laid down in Section 40a below
(Section 40a),
5. for a foreigner by naturalisation
(Sections 8 to 16, 40b and 40c).
(2) German citizenship shall also be acquired by any
person who has been treated by German public authorities as a German national
for 12 years and this has been due to circumstances beyond his or her control.
In particular, any person who has been issued a certificate of nationality, a
passport or a national identity card shall be treated as a German national.
Acquisition of citizenship shall apply as of the date when the person was
deemed to have acquired German citizenship by treating him or her as a German
national. The acquisition of German citizenship shall extend to those descendants
who derive their status as Germans from the beneficiary pursuant to sentence 1.
Section 4 [Acquisition by birth]
(1) A child shall acquire German citizenship by birth
if one parent possesses German citizenship. Where at the time of the birth only
the father is a German national, and where for proof of descent under German
law recognition or determination of paternity is necessary, acquisition shall
be dependent on recognition or determination of paternity with legal effect
under German law; the declaration of recognition must be submitted or the
procedure for determination commenced before the child reaches the age of 23.
(2) A child which is found on German territory
(foundling) shall be deemed to be the child of a German until otherwise proven.
(3) A child of foreign parents shall acquire German
citizenship by birth in Germany if one parent
1. has been legally ordinarily resident in
Germany for eight years and
2. has been granted a permanent right of residence or as a national of
Switzerland or as a family member of a national of Switzerland possesses a
residence permit on the basis of the Agreement of 21 June 1999 between the
European Community and its Member States on the one hand and the Swiss
Confederation on the other hand on the free movement of persons (Federal Law
Gazette 2001 II p. 810). The acquisition of German citizenship shall be
recorded by the registrar responsible for certifying the child's birth. The
Federal Ministry of the Interior shall, with the consent of the Bundesrat, be authorised
to issue regulations concerning the procedure for recording the acquisition of
citizenship pursuant to sentence 1 by way of ordinance.
(4) German citizenship shall not be acquired pursuant
to sub-section 1 in case of birth abroad if the German parent was born abroad
after 31 December 1999 and is ordinarily resident abroad, unless the child
would otherwise become stateless. The legal consequence pursuant to sentence 1
shall not ensue if the German parent notifies the competent diplomatic mission
abroad of the birth within one year. Where both parents are German nationals,
the legal consequences pursuant to sentence 1 shall ensue only if they both fulfil the conditions stipulated therein.
Section 5 [Right of declaration for children born before 1 July 1993]
By declaring a wish to become a German national, a
child born before 1 July 1993 of a German father and a foreign mother shall
acquire German citizenship if 1. paternity has been recognised or determined with legal effect under German
law, 2. the child has been legally ordinarily resident
in the federal territory for three years and 3. the
declaration is submitted prior to the child's 23rd birthday.
Section 6 [Acquisition by adoption as a child]
A child who is below eighteen years of age at the time
of application for adoption shall acquire citizenship as a result of valid
adoption by a German under German law. The acquisition of citizenship shall
extend to the child's descendants.
Section 7 [Acquisition by issuance of the certificate pursuant to
Section 15 (1) or (2) of the Federal Expellees Act]
Repatriates of German ancestry and their family
members included in the admission notice shall acquire the German citizenship
when they are issued a repatriates certificate in accordance with Section 15
(1) or (2) of the Federal Expellees Act.
Section 8 [Discretionary naturalisation]
(1) A foreigner who is legally ordinarily resident in
Germany may be naturalised upon application provided
that he or she
1. possesses legal capacity pursuant to Section 80 (1) of the Residence
Act or has a legal representative,
2. has not been sentenced for an unlawful act
and is not subject to any court order imposing a measure of reform and
prevention,
3. has found a dwelling of his or her own or
accommodation and
4. is able to support himself or herself and his or her dependents.
(2) The requirements stipulated in sub-section 1,
sentence 1, nos. 2 and 4 may be waived on grounds of public interest or in
order to avoid special hardship.
Section 9 [Naturalisation of spouses or life
partners of Germans]
(1) Spouses or life partners of Germans should be naturalised in keeping with the requirements set out in
Section 8, if
1. they lose or give up their previous
citizenship or a ground exists for accepting multiple nationality pursuant to Section
12 and
2. it is ensured that they will conform to the
German way of life, unless they do not have sufficient command of the German
language (Section 10(1), sentence 1, no. 6 and sub-section 4) and do not fulfil any condition that would justify an exception under
Section 10, sub-section 6.
(2) The provision pursuant to sub-section 1 shall also
apply if naturalisation is applied for within one
year of the German spouse's death or of a ruling dissolving the marriage
becoming final and the applicant is entitled to custody of a child issuing from
the marriage who already possesses German citizenship.
(3) (repealed)
Section 103 [Entitlement to naturalisation;
derivative naturalisation of spouses and minor
children]
(1) A foreigner who has been legally ordinarily
resident in Germany for eight years and possesses legal capacity pursuant to
Section 80 of the Residence Act or has a legal representative shall be naturalised upon application if he or she
1. confirms his or her commitment to the free
democratic constitutional system enshrined in the Basic Law of the Federal
Republic of Germany and declares that he or she does not pursue or support and
has never pursued or supported any activities
a) aimed at subverting the free democratic
constitutional system, the existence or security of the Federation or a Land
or
b) aimed at illegally impeding the
constitutional bodies of the Federation or a Land or the members of said
bodies in discharging their duties or
c) any activities which jeopardise foreign
interests of the Federal Republic of Germany through the use of violence or
preparatory actions for the use of violence, or credibly asserts that he or she
has distanced himself or herself from the former pursuit or support of such
activities,
2. has been granted a permanent right of residence or as a national of
Switzerland or as a family member of a national of Switzerland possesses a
residence permit on the basis of the Agreement of 21 June 1999 between the
European Community and its Member States on the one hand and the Swiss
Confederation on the other hand on the free movement of persons or possesses a
residence permit for purposes other than those specified in Sections 16, 17,
20, 22, 23(1), 23a, 24 and Section 25 sub-sections 3 to 5 of the Residence Act,
3. is able to ensure his or her own subsistence and the subsistence of
his or her dependents without recourse to benefits in accordance with Book Two
or Book Twelve of the Social Code or recourse to such benefits is due to conditions
beyond his or her control,
4. gives up or loses his or her previous citizenship,
5. has not been sentenced for an unlawful act
and is not subject to any court order imposing a measure of reform and
prevention,
6. possesses an adequate knowledge of German
and
7. possesses knowledge of the legal system, the
society and living conditions in the Federal Republic of Germany. The
conditions under sentence 1 numbers 1 and 7 do not apply to foreigners who do
not have legal capacity pursuant to Section 80 (1) of the Residence Act.
(2) The foreigner's spouse and minor children may be naturalised together with the foreigner in accordance with
sub-section (1), irrespective of whether they have been lawfully resident in
Germany for eight years.
(3) Upon a foreigner confirming successful attendance
of an integration course by presenting a certificate issued by the Federal
Office for Migration and Refugees4, the qualifying period stipulated in sub-section 1 shall be reduced to
seven years. This qualifying period may be reduced to six years if the
foreigner has made outstanding efforts at integration exceeding the
requirements under sub-section 1, sentence 1, no. 6, especially if he or she
can demonstrate his or her command of the German language.
(4) The conditions specified in sub-section 1,
sentence 1, no. 6 are fulfilled if the foreigner passes the oral and written
language examinations leading to the Zertifikat
Deutsch (equivalent of level B 1 in the Common European Framework of
Reference for Languages). Where a minor child is under 16 years of age at the
time of naturalisation the conditions of sub-section
1, sentence 1, no. 6 shall be fulfilled if the child demonstrates
age-appropriate language skills.
(5) As a rule, the conditions specified in sub-section
1, sentence 1, no. 7 shall be fulfilled if the foreigner has passed the naturalisation test. To prepare for the test, foreigners
may participate in voluntary integration courses.
(6) The requirements of sub-section 1, sentence 1,
nos. 6 and 7 shall be waived if the foreigner is unable to fulfil
them on account of a physical, mental or psychological illness or disability or
on grounds related to age.
(7) The Federal Ministry of the Interior shall be authorised, without the need for approval by the Bundesrat, to issue ordinances defining the test and
certification requirements as well as the basic structure and contents of the naturalisation courses under sub-section 5, based on the
contents of the orientation course under Section 43, sub-section 3, sentence 1
of the Residence Act.
Section 11 [Grounds for exclusion]
Naturalisation shall not be allowed
1. there are concrete, justifiable grounds to assume that the foreigner
is pursuing or supporting or has pursued or supported activities aimed at
subverting the free democratic constitutional system, the existence or security
of the Federation or a Land or at illegally impeding the constitutional
bodies of the Federation or a Land or the members of said bodies in
discharging their duties or any activities which jeopardise
foreign interests of the Federal Republic of Germany through the use of
violence or preparatory actions for the use of violence, unless he or she
credibly asserts that he or she has distanced himself or herself from the
former pursuit or support of such activities, or
2. a ground for expulsion applies pursuant to
Section 54, nos. 5 and 5a of the Residence Act. Sentence 1, no. 2 shall apply mutatis
mutandis for foreigners within the meaning of Section 1 (2) of the
Residence Act and also for nationals of Switzerland and their family members
possessing a residence permit on the basis of the Agreement of 21 June 1999
between the European Community and its Member States on the one hand and the
Swiss Confederation on the other hand on the free movement of persons.
Section 12 [Naturalisation accepting multiple
nationality]
(1) The condition stipulated in Section 10 (1),
sentence 1, no. 4 shall be waived if the foreigner is unable to give up his or
her previous citizenship, or if doing so would entail particularly difficult
conditions. This is to be assumed if
1. the law of the foreign state makes no
provision for giving up its citizenship,
2. the foreign state regularly refuses to grant
release from citizenship,
3. the foreign state has refused to grant release from citizenship for
reasons for which the foreigner is not responsible, or attaches unreasonable
conditions torelease from citizenship or has failed
to reach a decision within a reasonable time on the application for release
from citizenship which has been submitted in due and complete form,
4. the subsequent multiple nationality represents the sole obstacle to
the naturalisation of older persons, the process for
release from citizenship entails unreasonable difficulties and failure to grant
naturalisation would constitute special hardship,
5. in giving up his or her foreign citizenship the foreigner would incur
substantial disadvantages beyond the loss of his or her civic rights, in
particular such disadvantages of an economic or property-related nature, or
6. the foreigner holds a travel document in
accordance with Article 28 of the Convention relating to the Status of Refugees
of 28 July 1951 (Federal Law Gazette 1953 II, p. 559).
(2) The condition stipulated in Section 10 (1),
sentence 1, no. 4 shall further be waived if the foreigner holds the
citizenship of another member state of the European Union or Switzerland.
(3) Further exemptions from the condition stipulated
in Section 10 (1), sentence 1, no. 4 may be granted pursuant to the provisions
of agreements under international law.
Section 12a [Decision in case of conviction for an offence]
(1) The following shall not be taken into
consideration in the process of naturalisation:
1. The imposition of educational or disciplinary measures under the
Juvenile Court Act,
2. sentencing to fines of up to 90 daily rates
and
3. the imposition of suspended sentences of up
to three months' imprisonment which are waived after expiry of the probationary
period. Where more than one term of imprisonment or more than one fine have
been imposed pursuant to sentence 1, nos. 2 and 3, they shall be cumulated,
unless doing so would result in a lesser punishment overall; where a fine and
imprisonment are imposed simultaneously, one daily rate equals one day’s
imprisonment. If the punishment or the total of all punishments slightly
exceeds the framework under sentences 1 and 2, it shall be decided on the
merits of the individual case whether it can be disregarded. Where a measure of
reform and prevention under Section 61, no. 5 or no. 6 of the Criminal Code has
been imposed, it shall be decided on the merits of the individual case whether
this measure of reform and prevention can be disregarded.
(2) Foreign convictions shall be considered if the
offence concerned is to be regarded as liable to prosecution in Germany, the
sentence has been passed in proceedings conducted in accordance with the rule
of law and the sentence is commensurate. Such a conviction cannot be considered
if its removal from the records would be required in accordance with the
Federal Central Criminal Register Act. Sub-section 1 shall apply mutatis
mutandis. (3) If a foreigner who has applied for naturalisation
is under investigation on suspicion of having committed an offence, the
decision on naturalisation shall be deferred until
conclusion of the proceedings, and in the case of conviction until the judgment
becomes unappealable. The same shall apply if the
imposition of youth custody is suspended pursuant to Section 27 of the Juvenile
Court Act.
(4) Convictions abroad and criminal investigations and
proceedings which are pending abroad shall be stated in the application for naturalisation.
Section 12b [Interruptions of residence]
(1) Ordinary residence in Germany shall not be
considered interrupted by stays abroad of up to six months in duration. In case
of longer stays abroad, ordinary residence in Germany shall be considered to
continue if the foreigner re-enters the federal territory within the deadline
stipulated by the foreigners authority. The same shall
apply if the deadline is exceeded solely on account of the foreigner carrying
out statutory military service in his or her country of origin and the
foreigner re-enters the federal territory within three months of discharge from
military or community service.
(2) If the foreigner has resided abroad for over six
months for a reason of a nontemporary nature, the
previous period of residence in Germany may be counted towards the duration of
residence which is necessary for the purposes of naturalisation,
up to a period of five years.
(3) Interruptions in the lawfulness of residence shall
be disregarded if they arise as a result of the foreigner having failed to
apply in good time for initial issuance or subsequent extension of the
residence title.
Section 13 [Discretionary naturalisation of
former Germans abroad]
A former German and his or her minor children who are
ordinarily resident abroad may be naturalised on
application if they meet the requirements of Section 8, subsection 1, nos. 1
and 2.
Section 14 [General discretionary naturalisation
abroad]
A foreigner who is ordinarily resident abroad may be naturalised subject to the other conditions of Sections 8
and 9 if ties with Germany exist which justify naturalisation.
Section 15
(Repealed)
Section 16 [Certificate of naturalisation]
Naturalisation shall become effective upon delivery of the certificate of
naturalization issued by the competent administrative authority. Before the
certificate is handed over to the foreigner he or she shall make the following
solemn statement: “I solemnly declare that I will respect and observe the Basic
Law and the laws of the Federal Republic of Germany, and that I will refrain
from any activity which might cause it harm.” Section 10, sub-section 1,
sentence 2 shall apply mutatis mutandis.
Section 17 [Loss of citizenship]
Citizenship shall be lost
1. by release from citizenship (Sections 18 to
24),
2. by acquisition of a foreign citizenship (Section 25),
3. by renunciation (Section 26),
4. by adoption by a foreigner (Section 27),
5. by joining the armed forces or a comparable
armed organisation of a foreign state (Section 28) or
6. by a declaration (Section 29).
Section 18 [Release from citizenship]
A German shall, on application, be released from
citizenship if he or she has applied for a foreign citizenship and the
competent body has furnished an assurance that such citizenship will be
granted.
Section 19 [Release from citizenship of a person in parental custody or
in the care of a guardian]
(1) Application for the release from citizenship of a
person in parental custody or in the care of a guardian may be filed by the
legal representative only and shall require approval from the German
guardianship court. The public prosecutor's office is to be notified of the
decision reached by the German guardianship court and may appeal against this
decision; further appeals against the court of appeal's decision shall be
permissible without any restrictions.
(2) The approval of the guardianship court shall not
be required where the father or mother applies for release from citizenship for
himself or herself and for a child at the same time by
virtue of the right of custody and the applicant is entitled to custody for the
child concerned.
Section 20
(Repealed)
Section 21
(Repealed)
Section 22 [Refusal of release from citizenship]
Release from citizenship must not be granted to:
1. Civil servants, judges, Federal Armed Forces soldiers and other
persons employed in a service or official capacity under public law, for as
long as they remain employed in said service or official capacity, with the
exception of persons employed in an honorary capacity.
2. Persons liable for military service, until it is confirmed by the
Federal Ministry of Defence or a body designated by
the said Ministry that no reservations exist regarding release from
citizenship.
Section 23 [Certificate of release]
Release from citizenship shall become effective upon
delivery of the certificate of release from citizenship issued by the competent
administrative authority.
Section 24 [Invalidity of release from citizenship]
The release from citizenship shall be deemed to be
null and void if the released person fails to acquire the foreign citizenship
of which he or she was assured within one year of issuance of the certificate
of release.
Section 25 [Loss of citizenship on acquisition of a foreign citizenship
following due application for the same; approval of retention of citizenship]
(1) A German shall lose his or her citizenship upon
acquiring a foreign citizenship where such acquisition results from an
application filed by the German concerned or his or her legal representative,
whereas the represented person shall suffer such loss only if the qualifying
conditions for application for release from citizenship apply as stipulated in
Section 19. The loss under sentence 1 shall not take effect if a German
acquires the citizenship of another member state of the European Union,
Switzerland or of a state with whom the Federal
Republic of Germany has signed a treaty under Section 12, sub-section 3.
(2) Citizenship shall not be lost by any person who,
prior to acquiring foreign citizenship following their application for the
same, received written approval from their competent authority for retention of
their citizenship. Where an applicant is ordinarily resident abroad, the German
diplomatic mission abroad shall be consulted in this connection. The public and
private interests shall be weighed up in reaching the decision on an
application pursuant to sentence 1. With regard to an applicant who is
ordinarily resident abroad, special consideration shall be accorded to the
question of whether he or she is able to furnish credible evidence of continuing
ties with Germany.
Section 26 [Renunciation]
(1) A German may renounce his or her citizenship if he
or she possesses several nationalities. Such a renunciation shall be declared
in writing.
(2) The written renunciation shall require the
approval of the authority which is competent pursuant to Section 23 for issuing
the certificate of release. Such approval shall be withheld if release may not
be granted pursuant to Section 22; this shall not apply, however, if the person
renouncing citizenship
1. has been permanently resident abroad for at
least ten years or
2. has performed military service in one of the
states whose citizenship he holds as a person liable for military service
within the meaning of Section 22, no. 2.
(3) The loss of citizenship shall take effect upon
delivery of the certificate of renunciation issued by the approving authority.
(4) Section 19 shall apply mutatis mutandis for
minors.
Section 27 [Loss of citizenship on adoption by a foreigner]
A German under the age of majority shall lose his or
her citizenship as a result of adoption by a foreigner in accordance with
German law, if he or she acquires the adopting person's citizenship by virtue
of such adoption. The loss of citizenship shall extend to his or her
descendants where the acquisition of citizenship by the adoptee pursuant to
sentence 1 also extends to the descendants. The loss under sentence 1 or
sentence 2 shall not take effect if the adoptee or his or her descendants
maintain a legal relation to their German parent.
Section 28 [Loss of citizenship as a result of joining the armed forces
or a comparable armed organisation of a foreign
state]
A German who, without the
consent of the Federal Ministry of Defence or a body
designated by the said Ministry, voluntarily enlists with the armed forces or a
comparable armed organisation of a foreign state
whose citizenship he or she possesses, shall lose German citizenship. This
shall not apply if he or she is entitled to enlist in the aforesaid manner by
virtue of an inter-governmental agreement.
Section 29 [Declaration]
(1) After attaining the age of majority and after
receiving due advice in accordance with sub-section 5, a German who, after 31
December 1999, has acquired citizenship pursuant to Section 4 (3) or via naturalisation pursuant to Section 40b and possesses a
foreign citizenship is to declare whether he or she wishes to retain the German
or foreign citizenship. The declaration shall be submitted in writing.
(2) If the person obliged to furnish a declaration
pursuant to sub-section 1 declares a wish to retain the foreign citizenship,
German citizenship shall be lost upon the declaration being received by the
competent authority. Citizenship shall also be lost if no declaration has been
made by the time the person concerned reaches the age of 23.
(3) If the person obliged to furnish a declaration
pursuant to sub-section 1 declares a wish to retain German citizenship, he or
she shall be obliged to furnish proof that he or she has given up or lost the
foreign citizenship. German citizenship shall be lost if no such proof is
furnished by the 23rd birthday
of the person concerned, unless the German has previously applied for and
received the written approval of the competent authority to retain German
citizenship (retention approval). The application for retention approval,
including as a precautionary measure, may only be filed up to the 21st birthday of the person concerned
(preclusive period). The loss of German citizenship shall not take effect until
rejection of the application becomes legally valid. The possibility of
provisional legal redress pursuant to Section 123 of the Code of Administrative
Procedure shall remain unaffected.
(4) The retention approval pursuant to sub-section 3
shall be granted where renunciation or loss of the foreign citizenship is not
possible or cannot reasonably be expected or where acceptance of multiple nationality would be required in case of naturalisation
in accordance with Section 12.
(5) The competent authority shall advise the person
required to furnish a declaration pursuant to sub-section 1 of his or her
obligations and the possible legal consequences as set out in sub-sections 2 to
4. The said advice shall be formally served. Such service shall be effected immediately after the 18th birthday of the person who is required to furnish a
declaration pursuant to sub-section 1. The provisions of the Act to regulate
service in administrative proceedings shall apply.
(6) The continuation or loss of German citizenship in
accordance with this provision shall be determined ex officio. The Federal
Ministry of the Interior may, by ordinance with the consent of the Bundesrat, issue provisions regulating the procedure
to determine the continuation or loss of German citizenship.
Section 30 [Establishment of German citizenship]
(1) Possession or lack of German citizenship shall be
established by the nationality authority upon application. The outcome of this
assessment shall be binding in all matters for which possession or lack of
German citizenship is of legal relevance. In the case of a public interest,
possession or lack thereof may be established upon the competent authority’s
own motion.
(2) To establish possession of German citizenship it
shall be required and sufficient to give reliable evidence that German citizenship
was acquired and has not since been lost by furnishing documents, extracts from
the citizens’ registers5 or other written evidence. Section
3, sub-section 2 remains unaffected.
(3) Where possession of German citizenship has been established
upon application, the nationality authority shall issue a certificate of
nationality. Upon request, the nationality authority shall issue a certificate
confirming nonpossession of German citizenship.
Section 31 [Personal data]
Nationality authorities and diplomatic missions abroad
may collect, store, modify and use personal data insofar as this is necessary
to discharge their duties under this Act and in accordance with provisions
relating to nationality contained in other acts. For the purpose of deciding on
the citizenship of persons specified in Article 116 (2) of the Basic Law, such
information may also be collected, stored or modified and used which relates to
the political, racial or religious reasons due to which these persons were
deprived of their German citizenship between 30 January 1933 and 8 May 1945.
Section 32 [Transmission of data to nationality authorities]
(1) Public bodies shall transmit personal data to the bodies
specified in Section 31 upon request, insofar as knowledge of these data is
necessary to discharge the duties referred to in Section 31. Public bodies
shall transmit these data to the competent nationality authority even without a
request if the public body considers such transmission to be necessary for the
nationality authority to decide on a pending application for naturalisation or loss or non-acquisition of German
citizenship. With regard to naturalisation
procedures, pursuant to Section 87 (4) if the Residence Act, this refers
particularly to data relating to the initiation and execution of criminal
proceedings, proceedings for the collection of fines, and extradition
procedures of which the foreigners authorities have obtained knowledge. The data
referred to in sentence 3 shall be transmitted without delay to the competent
nationality authority.
(2) Personal data shall not be transferred pursuant to
sub-section 1 if such transfer is precluded by special statutory regulations on
the use of the said data.
Section 33 [Register of decisions relating to nationality law]
(1) The Federal Office of Administration6 (registration authority) maintains a register of decisions relating to
citizenship matters. The following shall be entered into the register:
1. Decisions on certificates on nationality,
2. Decisions on the statutory loss of German citizenship,
3. Decisions on the acquisition, possession and loss of German
citizenship made between 31 December 1960 and 28 August 2007.
(2) More specifically, the following items of
information may be stored in the register:
1. the basic personal data of the person concerned (surname, surname at
birth, former surnames, given names, day and place of birth, sex, the fact that
under Section 29 German citizenship may be lost, as well as the postal address
at the date of the decision),
2. The way in which, and the date when the decision or certificate or
the loss of the citizenship shall take effect,
3. Name, postal address and file reference of the authority which made
the decision.
(3) The nationality authorities shall be obliged to
immediately transmit all personal data specified in sub-section 2 relating to
decisions made under sub-section 1, sentence 2, nos. 1 and 2 after 28 August
2007 to the registration authority.
(4) The registration authority shall transmit the data
referred to in sub-section 2 to the nationality authorities and diplomatic
missions abroad upon their request insofar as knowledge of the data is
necessary to discharge their duties relating to nationality law. The provisions
of the Federal Data Protection Act shall apply to the transmission to other
public bodies or for research purposes.
(5) The nationality authority shall transmit the data
specified in sub-section 2 to the competent authority to which a person must
report his/her current address or to the competent diplomatic mission abroad
immediately after it has established that a person has been naturalised,
retains German citizenship or has lost, renounced or never acquired German
citizenship.
Section 34 [Opting procedure]
(1) With a view to implementing the opting procedure
under Section 29, the authority to which a person must report his/her current
address shall transmit the following personal data relating to persons who will
reach 18 years of age in the following months and may lose German citizenship
under Section 29 to the competent nationality authority:
1. name at birth,
2. surname,
3. former names,
4. given names,
5. sex,
6. date and place of birth,
7. current postal addresses,
8. the fact that under Section 29 the person
may lose German citizenship.
(2) If a person referred to in sub-section 1 has moved
to a foreign country, the competent authority to which the person must report
his/her current address shall transfer the data specified in sub-section 1, the
date when the person moved abroad and the new address abroad, if known, to the
Federal Office of Administration within the period specified in sub-section 1.
If a person immigrates from abroad, sentence 1 applies mutatis mutandis.
Section 35
(Repealed)
Section 36 [Naturalisation statistics]
(1) Annual naturalisation
surveys shall be conducted for the purposes of federal statistics, beginning in
2000 and relating in each case to the previous calendar year.
(2) The surveys shall cover the following attributes
for each naturalised person:
1. year of birth,
2. sex,
3. marital status,
4. place of residence at time of naturalisation,
5. duration of residence in the federal
territory in years,
6. legal basis for naturalisation,
7. previous citizenships and
8. continuation of previous citizenships.
(3) Supplementary attributes covered in the survey
shall be:
1. designations and addresses of those obliged
to furnish information pursuant to sub-section 4,
2. names and telecommunication numbers of the
persons available to answer queries and
3. registration number of the naturalised person at the naturalisation
authority.
(4) In respect of the surveys there shall be a duty to
furnish information. This duty shall be incumbent on the naturalisation
authorities. The naturalisation authorities shall
furnish the information to the competent statistical offices of the Länder by 1 March each year. Provision of the
information pertaining to sub-section 3, no. 2 shall be voluntary.
(5) Transmission of tables containing statistical
results, including where a field in a table only shows a single case, may be
effected by the Federal Statistical Office and by statistical offices of the Länder to the competent highest federal and Land
authorities for use in dealings with the legislative bodies and for planning
purposes, but not for measures pertaining to individual cases.
Section 37 [Procedural provisions]
(1) Section 80 (1) and (3) and Section 82 of the
Residence Act shall apply mutatis mutandis.
(2) The naturalisation
authorities shall transmit the personal data which they have stored on
applicants aged 16 or over to the authorities for the protection of the
constitution for the purpose of investigating grounds for exclusion under
Section 11. The authorities for the protection of the constitution shall notify
the inquiring body forthwith in accordance with the applicable special
statutory provisions on use of the said data.
Section 38 [Fees]
(1) In the absence of any statutory provision to the
contrary, official acts in citizenship matters shall be subject to costs (fees
and expenses).
(2) The fee for naturalisation
under this Act shall be 255 euros. This fee shall be
reduced to 51 euros for a minor child which is naturalised at the same time and which has no independent
income within the meaning of the Income Tax Act. No fee shall be payable for
the acquisition of German citizenship pursuant to Section 5 and the naturalisation of former Germans who have lost their German
citizenship as a result of marrying a foreigner. Establishment of the
possession or non-possession of the German citizenship under Section 29,
sub-section 6 and Section 30, sub-section 1, sentence 3, as well as issuance of a retention approval under Section 29, subsection 4 are
free of charge. The fee stipulated in sentence 1 may be reduced or renounced on
grounds of equity or public interest.
(3) The Federal Minister of the Interior shall be
empowered to determine the additional circumstances in which fees shall be
payable and to make provision in respect of the levels of fees and the
reimbursement of expenses via statutory order with the approval of the Bundesrat. The fee shall not exceed 51 euros
for release from citizenship, 255 euros for retention
approval and 51 euros for the certificate of citizenship
and other forms of certification.
Section 38a [Ban on issuance of citizenship certification in electronic
form]
It shall not be permissible to issue certification
pertaining to citizenship matters in electronic form.
Section 39
(Repealed)
Section 40
(Repealed)
Section 40a [Acquisition of German citizenship by Germans without German
citizenship within the meaning of Article 116 (1) of the Basic Law]
Any person who, on 1 August 1999, is a German within
the meaning of Article 116 (1) of the Basic Law without possessing German
citizenship shall acquire German citizenship on the said date. For a
repatriate, his or her non-German spouse and his or her descendants within the
meaning of Section 4 of the Federal Expellees Act, this shall apply only if
they have been issued a certificate pursuant to Section 15 (1) or (2) of the
Federal Expellees Act prior to the aforesaid date.
Section 40b [Transitional provision for children up to the age of ten]
A foreigner who is legally ordinarily resident in
Germany on 1 January 2000 and is under ten years of age shall be naturalised upon application if the conditions pursuant to
Section 4 (3), sentence 1 were met at the time of his or her birth and continue
to be met. The application can be filed up to 31 December 2000.
Section 40c [Transitional provision for persons applying for naturalisation]
Sections 8 to 14 and Section 40c as last amended
before 28 August 2007 (Federal Law Gazette I, p. 1970) shall continue to apply
to applications for naturalisation filed before 30
March 2007, as far as these sections contain more lenient provisions.
Section 41 [No possibility of deviation on the part of the Länder]
Land law shall not deviate from the
regulations of the administrative procedure set out in Sections 30 to 34 and
Section 37(2).
Footnotes
1 Titles in
square brackets are not official titles.
2 Section 4,
sub-section 3, sentence 2 of the Nationality Act does not incorporate the
amendments made in the course of amending the Act to Reform the Law on Civil
Status of 19 February 2007 (Federal Law Gazette I, page 122) which will enter
into effect on 1 January 2009, when the text will read as follows: “Acquisition
of German citizenship will be recorded in the birth registry where the birth of
the child is documented.”
3 Section
10(1) no. 7 and Section 10(5) of the Nationality Act shall enter into effect as
of 1 September 2008.
4 BAMF
[comment of the translator]
5 Melderegister
[comment of the translator]
6 BVA [comment
of the translator]
The above translation is unofficial. It was published by the Federal
Ministry of the Interior. Reproduced with kind permission.
This HTML edition by Nico Köppel and © 2009 Gerhard Dannemann.
The contents of this page may be downloaded and printed out in single copies
for individual use only. Making multiple copies without permission is prohibited.