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richard_00

Hello,

I'm an Australian with a German partner.  Eventually I would like to apply for a German citizenship but I have read that I would then have to renounce my Australian citizenship, this is something that I would never do.  However under section 12 of the German Nationality Act there are some exceptions. I'm wondering if there are any Aussies (or anyone else) that have managed to get duel citizenship with Germany?

These exceptions are as follows:

Section 12
[Naturalization accepting multiple nationality]
(1) The condition stipulated in Section 10, sub-section 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 to release 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 naturalization of older persons, the process for release from citizenship entails unreasonable difficulties and failure to grant naturalization 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).


(Note: just to help people find the Nationality Act)
Nationality Act of 22 July 1913 (Reich Law Gazette I p. 583 - Federal Law Gazette III 102-1), as last amended by Article 2 of the Act to Implement Residence- and Asylum-Related Directives of the European Union and to Adapt National Legal Provisions to the
EU Visa Code of 22 November 2011 (Federal Law Gazette I p. 2258)

Aurélie

Hello richard_00.

Welcome to Expat.com!

Hope you will soon get some advices.

All the best,
Aurélie

beppi

Since, as far as I know, Australians can renounce their citizenship without unreasonable difficulties or consequences, none of the exceptions apply to you.
Thus, you'd have to give up the Aussie citizenship to get a German one.
If you don't do that, you will not become German citizen. No way around it!

(In addition, even if you are willing to give up the Aussie one, it takes seven years of living in Germany with your partner before you become eligible for citizenship here!)

richard_00

Thanks for your response beppi, I'm aware of the procedure to renounce my citizenship but as I said in my message that that would be something that I would never do, renouncing my Australian citizenship is not an option for me. I love being an Australian.

As for the dual citizenship,

beppi wrote:

No way around it!


there actually are exceptions where they allow dual citizenship as I wrote in my message an exert from the German Nationality Act.

I'm aware that these exceptions are usually reserved for people who come from countries where human rights are not up to standard but I'm particularly interested in point 5 from section 12 of the German Nationality Act where it states that in giving up his or her foreign citizenship the foreigner would be disadvantaged of an economic or property-related nature.

That point particularly interests me as it sounds like some people could fall between the cracks if they arranged their property/business/inheritance in such a way and with a good immigration lawyer.

My question is, is there anyone that has had experience in this matter?

beppi

Point 5 above applies to cases where property or business owned by somebody renouncing citizenship are confiscated.
(This has nothing to do with human rights - there are no international rules against restricting land and company ownership to citizens.)
Having to sell or having less options in inheritance matters are not enough to invoke this rule.
I am pretty sure Australia does not fall into this category.

A "good immigration lawyer" will tell you this in other words (and charge you for it).

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