Beibehaltungsgenehmigung

Last updated July 05, 2023

A Beibehaltungsgenehmigung (Permission to Retain Citizenship) is a certificate issued by the German Federal Government in accordance with Section 25(2) of the Nationality Law.^[1]

A Beibehaltungsgenehmigung (or BBG) allows a German citizen to acquire the citizenship of a specific foreign country without losing their German citizenship. Since 28 August 2007, a Beibehaltungsgenehmigung has no longer been required when acquiring the citizenship of a European Union Member State or Switzerland.

Background

German law is theoretically restrictive with regard to multiple citizenship. It is permitted only:

If the other citizenship is that of another EU country or Switzerland.
If a German citizen acquires a non-EU or non-Swiss citizenship with the permission of the German Government (e.g., typically granted with existing family ties or property in Germany or in the other country or if the occupation abroad requires domestic citizenship for execution). The voluntary acquisition of a non-EU or non-Swiss citizenship without permission usually means the automatic loss of the German citizenship (but see Point 3).
If a non-German citizen acquires German citizenship by naturalization, and renunciation of the other citizenship(s) would be "very difficult."^[2] Such difficulty is to be assumed if any of six conditions apply, including unreasonable difficulties in renouncing, holding a refugee travel document, and the potential economic hardship of renunciation exceeding a cost of 10,225.84 euros (originally 20,000 Deutsche Marks).^[2]^[3]^[4]
If a person, or their qualified descendants, receives restored citizenship under Article 116 par. 2 of the Basic Law (Grundgesetz), which states that former German citizens who between 30 January 1933, and 8 May 1945 were deprived of their German citizenship on political, racial, or religious grounds may re-invoke their citizenship (as if it had never been lost), and may hold dual (or multiple) citizenship.^[5] Such restored citizens need not have ever lived in Germany.
If a child born to a German parent acquires German citizenship and one or more other citizenships at birth, e.g., based on place of birth (birth in jus soli countries, mostly in the Americas) or descent from one parent (one German parent and one foreign parent). (Of course, the nationality and citizenship laws of the other countries of the child's citizenship(s) may or may not allow for multiple citizenships, and have their own declaration, selection, or retention requirements.)
Children born on or after 1 January 2000 to non-German parents acquire German citizenship at birth if at least one parent has a permanent residence permit (and has had this status for at least three years) and was residing in Germany for at least eight years prior to the child's birth. The child must have lived in Germany for at least eight years or attended school for six years before their 21st birthday. Non-EU- and non-Swiss-citizen parents born and grown up abroad cannot usually have dual citizenship themselves (but see Point 1).

However, 61% of people who naturalised as German citizens in 2017 who applied for permission to retain their original citizenship(s) under the hardship exception, were successful in obtaining approval to do so, including more than 81% of new German citizens from the Americas.^[4]

German citizens who acquire the citizenship of any country outside the EU or Switzerland must first obtain a Beibehaltungsgenehmigung; otherwise, they will lose their German citizenship upon acquiring the foreign citizenship.

Procedure

A Beibehaltungsgenehmigung is not granted automatically to everyone who applies, but only on a discretionary basis depending on the applicant's circumstances. The individual's personal, family and professional situation and public reputation is considered when deciding whether to grant the Beibehaltungsgenehmigung. A Beibehaltungsgenehmigung may be issued if the acquisition of the foreign citizenship along with the retention of German citizenship is justified by the applicant's personal and public situation and there are no compelling reasons why the application should be refused. The German legal principle of avoidance of multiple citizenship must be taken into consideration during the authorities’ decision-making process.^[1]

Grounds

The eligibility requirements for a Beibehaltungsgenehmigung are set out in law:

It must be of compelling personal interest to the applicant to acquire the foreign citizenship. In particular, a "compelling interest" is deemed to exist if acquiring the foreign citizenship would prevent or eradicate considerable and sufficiently specific economic disadvantages, such as being unable to access a pension.
The applicant would be considerably disadvantaged if they lost their German citizenship. Such disadvantages must go beyond merely administrative limitations, such as requiring a visa or losing the freedom of movement bestowed by a German passport.
The foreign country must allow dual citizenship.

For applicants whose habitual place of residence is not in Germany, the granting of a Beibehaltungsgenehmigung depends primarily on whether the applicant's ties to Germany remain strong enough to justify holding dual citizenship. On the other hand, any compelling personal interests are less important to the decision.

Authority

German citizens whose habitual place of residence is in Germany must apply to their local citizenship authority.

German citizens whose habitual place of residence is not in Germany must apply to their local German embassy or consulate, which will forward the application to the Federal Office of Administration in Cologne.^[6]

Related Research Articles

Naturalization is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.

Swiss citizenship is the status of being a citizen of Switzerland and it can be obtained by birth or naturalisation.

German nationality law details the conditions by which an individual is a national of Germany. The primary law governing these requirements is the Nationality Act, which came into force on 1 January 1914. Germany is a member state of the European Union (EU) and all German nationals are EU citizens. They have automatic and permanent permission to live and work in any EU or European Free Trade Association (EFTA) country and may vote in elections to the European Parliament.

French nationality law is historically based on the principles of jus soli and jus sanguinis, according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.

Dutch nationality law details the conditions by which a person holds Dutch nationality. The primary law governing these requirements is the Dutch Nationality Act, which came into force on 1 January 1985. Regulations apply to the entire Kingdom of the Netherlands, which includes the country of the Netherlands itself, Aruba, Curaçao, and Sint Maarten.

Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.

Austrian nationality law details the conditions by which an individual is national of Austria. The primary law governing these requirements is the Nationality Law, which came into force on 31 July 1985.

Icelandic nationality law details the conditions by which an individual is a national of Iceland. The primary law governing these requirements is the Icelandic Nationality Act, which came into force on 1 January 1953. Iceland is a member state of the European Free Trade Association (EFTA). All Icelandic nationals have automatic and permanent permission to live and work in any European Union (EU) or EFTA country.

Polish nationality law is based primarily on the principle of jus sanguinis. Children born to at least one Polish parent acquire Polish citizenship irrespective of place of birth. Besides other things, Polish citizenship entitles the person to a Polish passport.

Slovenian nationality law is based primarily on the principles of jus sanguinis, in that descent from a Slovenian parent is the primary basis for acquisition of Slovenian citizenship. However, although children born to foreign parents in Slovenia do not acquire Slovenian citizenship on the basis of birthplace, place of birth is relevant for determining whether the child of Slovenian parents acquires citizenship.

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

Nationality law of Greece is based on the principle of jus sanguinis. Greek citizenship may be acquired by descent or through naturalization. Greek law permits dual citizenship. A Greek national is a citizen of the European Union, and therefore entitled to the same rights as other EU citizens.

Turkish nationality law is based primarily on the principle of jus sanguinis. Children who are born to a Turkish mother or a Turkish father are Turkish citizens from birth. The intention to renounce Turkish citizenship is submitted in Turkey by a petition to the highest administrative official in the concerned person's place of residence, and when overseas to the Turkish consulate. Documents processed by these authorities are forwarded to the Ministry of Interior (Turkey) for appropriate action.

A German passport is an identity document issued to nationals of Germany for the purpose of international travel. A German passport is, besides the German ID card and the German Emergency Travel Document, the only other officially recognised document that German authorities will routinely accept as proof of identity from German citizens. Besides serving as proof of identity and presumption of German nationality, they facilitate the process of securing assistance from German consular officials abroad. German passports are valid for ten years or six years and share the standardised layout and burgundy red design with other EU passports. Every German citizen is also a citizen of the European Union. The passport, along with the national identity card, allows for free rights of movement and residence in any of the states of the European Union, European Economic Area and Switzerland.

The Romanian nationality law addresses specific rights, duties, privileges, and benefits between Romania and the individual. Romanian nationality law is based on jus sanguinis. Current citizenship policy in Romania is in accordance with the Romanian Citizenship Law, which was adopted by the Romanian Parliament on March 6, 1991, and the Constitution of Romania, which was adopted on November 21, 1991.

Monégasque nationality law determines entitlement to Monégasque citizenship. Citizenship of Monaco is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Monégasque parent, irrespective of place of birth.

Multiple/dual citizenship is a person’s legal status in which the person is at the one time recognised by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention which determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.

Slovak nationality law is the law governing the acquisition, transmission and loss of Slovak citizenship. The Citizenship Act is a law enacted by the National Council of Slovakia in regard to the nationality law following the dissolution of Czechoslovakia. In 2010, it was controversially amended, enacting loss of Slovak citizenship upon naturalization elsewhere. This was said to have affected the 2012 election to some degree.

Saudi nationality law, officially called the Saudi Arabian Citizenship System, is the law that determines who is a Saudi citizen. Foreigners are not given citizenship even if they meet the terms and conditions.

Bahraini nationality law states who is a citizen of Bahrain. Foreigners are often given citizenship. Bahraini citizenship laws are governed by the Bahraini Nationality Law of 16 September 1963. Bahrain does not currently permit dual citizenship, and a Bahraini citizen who acquires a foreign citizenship loses Bahraini citizenship. Bahraini citizenship can be renounced. However, in 2016, Bahrainis could have applied to the Ministry of Interior to maintain dual nationality. The king has the discretion to grant Bahraini citizenship to those otherwise not qualified. His Majesty the Governor has the discretion to grant citizenship to an Arab individual who has performed a great service to Bahrain. A Bahraini citizen over the age of 20 years has the right to vote in national elections. Bahraini citizens have a right to a Bahraini passport, though in 1996 the Bahraini government was criticised for refusing to renew the passports of some Bahraini nationals, thus imposing an effective exile on these individuals.

References

1 2 "Nationality Act". www.gesetze-im-internet.de. Retrieved 2019-05-28.
1 2 § 12 Staatsangehörigkeitsgesetz(StAG)[Nationality Act]of 22 July 1913, as amended 11 October 2016
↑ "Vorläufige Anwendungshinweise des Bundesministeriums des Innern zum Staatsangehörigkeitsgesetz (StAG) in der Fassung des Zweiten Gesetzes zur Änderung des Staatsangehörigkeitsgesetzes vom 13. November 2014 (BGBl. I S. 1714)" (PDF). de:Bundesministerium des Innern. June 1, 2015. section 12.1.2.5.2. Retrieved March 5, 2019.
1 2 Winter, Chase (August 10, 2018). "Dual citizenship granted to most naturalized Germans". Deutsche Welle . Retrieved March 5, 2019.
↑ German Mission to the United States. "Information on the Naturalization Claim under Article 116 (2) of the German Basic Law" (PDF). www.germany.info. Government of Germany. Archived from the original (PDF) on 19 October 2018. Retrieved 18 October 2018.
↑ "Bundesverwaltungsamt - Citizenship". www.bva.bund.de. Retrieved 2019-05-28.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.

[:0-1] 1 2 "Nationality Act". www.gesetze-im-internet.de. Retrieved 2019-05-28.

[StAG12-2] 1 2 § 12 Staatsangehörigkeitsgesetz(StAG)[Nationality Act]of 22 July 1913, as amended 11 October 2016

[StAGReg-3] "Vorläufige Anwendungshinweise des Bundesministeriums des Innern zum Staatsangehörigkeitsgesetz (StAG) in der Fassung des Zweiten Gesetzes zur Änderung des Staatsangehörigkeitsgesetzes vom 13. November 2014 (BGBl. I S. 1714)" (PDF). de:Bundesministerium des Innern. June 1, 2015. section 12.1.2.5.2. Retrieved March 5, 2019.

[DW-4] 1 2 Winter, Chase (August 10, 2018). "Dual citizenship granted to most naturalized Germans". Deutsche Welle . Retrieved March 5, 2019.

[5] German Mission to the United States. "Information on the Naturalization Claim under Article 116 (2) of the German Basic Law" (PDF). www.germany.info. Government of Germany. Archived from the original (PDF) on 19 October 2018. Retrieved 18 October 2018.

[6] "Bundesverwaltungsamt - Citizenship". www.bva.bund.de. Retrieved 2019-05-28.

[1]

[2]

[3]

[4]

[5]

[6]