Germans, can you run me through some German nationality law?
From what I've researched, in Germany, this might entitle me to some advantage in the citizenship/naturalization or residency processes.
Could anyone with more knowledge on the subject elaborate?
Answer:
According to the german law, children from german parents are considered as german, no matter if only the mother or the father has the german citizenship (Abstammungsprizip = something like "Principle of Descent").
However, there is something to be considered when a child also gets the citizenship of the foreign parent (not german parent):
The german law avoids the multiple nationality, that means either you are german or you have an other citizenship, but you can not have both. Just in very few exceptions the dual or multiple nationality would be allowed (as for example if release from the foreign nationality is legally impossible due to high release fees or degrading methods of release).
In cases like yours (german father - foreign mother):
- The german law allows the dual nationality until the child is 18 years old. After the 18th birthday, he or she must however decide whether she or he wants to retain his or her German nationality or the nationality of the not german parent.
- If you are older than 23. I am afraid you have lost the german nationality. However the new act on nationality makes it easier for former Germans who have lost their previous right to German nationality by acquiring a foreign nationality (Section 25 StAG) to re-acquire German nationality if they are ordinarily resident in the country and fulfil certain other prerequisites. Former Germans can also re-acquire German nationality without having to give up their place of residence abroad, although considerable importance attaches to the position adopted by the relevant foreign mission (Section 13 StAG; see text in link below) or
Foreigners can acquire German nationality abroad provided this is justified by special ties to Germany (Section 14 StAG see link below).
- If your parents were not married and your father was the german citizen: The german law asks for fatherhood test to prove the fatherhood. I know, I know, it is not nice but I am afraid no one can do anything about it.
You may contact the german embassy to clear what for possibilities you have to get the germa citizenship, however as an american citizen I am afraid you will have to give up your american citizenship to get the german one. I will be honest: There are exceptions, also in your case, but most of the time it is pretty difficult to get considered as one and as USA is a democratic country and not a conflictive one I see almost no possibilite on getting it. I know about cases who were allowed to get both, but normally you have to ask the german authorities for this concession before you get the second citizenship.
Nationality Act (StAG in english version) :
http://www.iuscomp.org/gla/statutes/stag...
Official web of the german Ministry of Foreign Affairs (in English):
http://www.auswaertiges-amt.de/diplo/en/...
Call your local German Embassy. They can tell you for sure how the process works.
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