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Is there automatic citizenship acquisition by birth for migrant children born in the country?

Code:
RED102
Key Area:
Political & Civic Participation
Strand(s):
Equality
25/01/2013 - 11:09
Short Answer

Migrant children born in Germany automatically receive the German citizenship if at least one of their parents has rightfully and ordinarily had his/her residence in Germany for eight years and holds a permanent residence permit or is a Swiss national or a family member of a Swiss citizen.

Qualitative Info

Migrant children born in Germany automatically receive the German citizenship if at least one of their parents has rightfully and ordinarily had his/her residence in Germany for eight years and holds a permanent residence permit or is a Swiss national or a family member of a Swiss citizen.


However, migrant children who have thus attained the German citizenship and are also in possession of a further foreign citizenship have to decide between the age of 18 and 23 whether they want to keep the German or the foreign citizenship – German law does not allow for dual or multiple citizenships after the age of 23 in such a case. If a person affected by this regulation does not formally request to keep his/her German citizenshipbefore he/she turns 21, it is automatically lost by the time the person turns 23.

A study by the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF) found information deficits with regard to this procedure among young adults who are expected to make this decision in the near future.

 


 

Source:

  1. Nationality Act (Staatsangehörigkeitsgesetz, StAG), art. 4 and art. 29, http://www.gesetze-im-internet.de/bundesrecht/rustag/gesamt.pdf, Accessed on 11.01.12.
  2. Bundesministerium für Migration, Flüchtlinge und Integration, Einbürgerungsverhalten von Ausländerinnen und Ausländern in Deutschland sowie Erkenntnisse zu Optionspflichtigen (2012):
    http://www.bamf.de/SharedDocs/Anlagen/DE/Publikationen/Forschungsberichte/fb15-einbuergerungsverhalten.pdf;jsessionid=BC0F51DCCAD28CA02EABA17A 05B0FA1E.1_cid251?__blob=publicationFile, Accessed on 18.01.2013.
Data
Groups affected/interested Migrants
Type (R/D)
Key socio-economic / Institutional Areas Integration - social cohesion
External Url
Situation(s)
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