Definition and Explanation of Terms: Dual Citizenship
Die dual citizenship refers to the legal status of a person who simultaneously holds the nationality of two countries. In legal scholarship, the term multiple nationality or multiple citizenship is used when a person holds three or more nationalities. Dual citizenship has far-reaching legal consequences on both a national and international level and is subject to diverse legal regulations.
Legal Foundations of Dual Citizenship
National Law
The possibility of dual citizenship is regulated in most countries by specific national laws. In Germany, in particular the Nationality Act (StAG), regulates the extent to which dual or multiple nationalities are permitted.
Germany
Under German law, the so-called “prohibition of dual citizenship”generally applies, meaning the simultaneous holding of multiple nationalities is to be avoided. However, exceptions are provided, such as when release from previous citizenship is not possible or unreasonable, when parents have different nationalities (principle of descent), at birth abroad (principle of birthplace), or for EU citizens and Swiss nationals. Since 2014, German law has also dispensed with the so-called option obligation for children of foreign parents, provided they grow up in Germany.
Other States
Many countries handle the issue differently: while some, such as the USA, Canada, or the United Kingdom, largely allow dual citizenship, others such as India or China prohibit multiple citizenship. Some countries attach conditions to it or permit it only under certain circumstances (for example, in the case of marriage, birth, investments, or migration for humanitarian reasons).
International Law
Conventions and Agreements
Various international agreements regulate questions of nationality. The European Convention on Nationality (ECN) from 1997 contains fundamental principles such as the avoidance of statelessness and the regulation of multiple citizenship, but the concrete design remains the responsibility of the contracting states.
In the European context, further agreements apply, such as the European Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (1963). However, the international legal situation is not uniform, as nationality law is considered an aspect of national sovereignty.
Acquisition of Dual Citizenship
By Birth
The nationality laws of many countries combine the principle of descent (ius sanguinis) and the birthplace principle (ius soli). Thus, a child can automatically acquire both parents’ nationalities by birth, or additionally acquire the nationality of another country due to the place of birth.
Illustrative Example: Germany
A person born in Germany to foreign parents acquires German citizenship in addition to their original nationality by virtue of birth in the country (e.g., under § 4 para. 3 StAG), resulting in dual nationality from birth.
By Naturalization
Those who acquire a new nationality through naturalization are often required by national law to give up their previous nationality. Many countries provide option regulations or general exceptions, for example, if the previous home country refuses release or attaches unreasonable conditions to it. Within the framework of European freedom of movement, EU citizens also enjoy privileges when acquiring dual nationality within the EU.
By Marriage or Adoption
Certain legal systems allow for facilitated naturalization through marriage to a citizen or adoption by a citizen. In many cases, the original nationality may be retained and thus dual citizenship obtained.
Other Cases
Other ways to acquire multiple nationality include reacquisition after loss, by holding subsequent nationalities of former colonial powers, or through investor programs.
Legal Consequences of Dual Citizenship
Rights and Duties
Dual nationals are generally regarded as full members of both countries and are thus subject to their respective rights and obligations. These include, for example:
- Right to Vote: The right to participate in elections in both countries, provided local regulations allow this.
- Protection by the State: Entitlement to consular protection from both states when abroad – though with limitations (e.g., in third countries only one state may provide consular representation).
- Military Service Obligation: In some states, dual nationality can lead to possible dual military obligations or there are mutual agreements to avoid such cases.
- Tax Liability: Tax obligations may arise in both countries, especially under worldwide taxation principles. Double taxation agreements are intended to avoid double burdens.
Restrictions and Particularities
Some countries do not recognize the second nationality under their laws or ignore it in legal dealings. In times of crisis, for example during political or diplomatic tensions, dual nationality can present special challenges, such as regarding extradition, military service, or entry bans.
Another risk arises in the context of visa and entry regulations if a country restricts the entry of citizens with dual nationality or even orders expulsion.
Loss and Renunciation of Dual Citizenship
The loss of dual citizenship can occur through explicit renunciation, withdrawal, acquisition of another nationality against legal prohibition, or by adoption, marriage, or other legal reasons. Each country regulates these matters independently. Countries such as Austria or the Netherlands may order the loss of their own nationality if a foreign nationality is acquired without consent.
Advantages and Disadvantages of Dual Citizenship
Advantages
- Freedom of Movement and Establishment: Easier possibilities of residence, work, and education in multiple countries.
- Legal Security Nets: Access to multiple political systems, social systems, and labor markets.
- Security: Consular protection abroad by several states.
- Advantages in Family Law: Simplification of residence and inheritance matters within families with international connections.
Disadvantages
- Military Service Obligation: Possible dual conscription for military service.
- Tax Burdens: Risk of overlapping tax obligations.
- Legal Uncertainties: Complexity in international legal relations.
- Complications in Consular Protection: Restrictions in diplomatic protection in case of conflict.
Conclusion
Dual citizenship represents a complex legal status that has diverse effects both nationally and internationally. It offers many advantages in terms of mobility, participation in several countries, and access to various rights, but also poses challenges, particularly regarding obligations and conflicts between the respective legal systems. The specific rights and obligations of dual nationals depend largely on the respective national laws and on international agreements.
See also:
Sources and Literature:
- Nationality Act (StAG)
- European Convention on Nationality (ECN)
- Federal Ministry of the Interior and Community (BMI): Information on German nationality
- International case law and national legislations of the respective countries
Frequently Asked Questions
In which cases does German nationality law permit dual citizenship?
German nationality law allows dual citizenship in certain exceptional cases. The most important exceptions include acquisition of another nationality by birth, for example through the so-called principle of birthplace or descent, that is, if a child has parents of different nationalities from birth or is born abroad. Another exception applies when a German wishes to acquire another country’s citizenship by application, but this is only possible with approval through the so-called retention permit (§ 25 para. 2 StAG). Proof must be provided that giving up German citizenship would constitute significant personal hardship and that close ties to Germany remain. Furthermore, EU citizens or Swiss nationals can retain their previous nationality upon naturalization in Germany if intergovernmental agreements or the law of their home country permit it. In addition, in individual cases for refugees or stateless persons, renunciation of previous citizenship may be waived if it is impossible for political reasons or due to unreasonable conditions.
What are the legal consequences of dual citizenship under German law?
A person with dual citizenship is generally considered a German national in Germany; this means that dual nationals living in Germany are treated legally as exclusively German nationals (§ 17 para. 1 sentence 2 StAG). Abroad, however, competing rights and duties may arise: Depending on the country, a person is considered its national and subject to its laws, which can lead to differences in consular protection or military service. Regarding voting rights, social security, or duties such as military service, privileges but also obligations may arise from both nationalities. Conflicts may also occur, for example, if both countries require compulsory service or have different entry requirements. Dual nationals must therefore observe legal consequences in both Germany and the other country.
Can minors have dual citizenship and what happens upon reaching adulthood?
Minors can acquire dual citizenship by birth or adoption, especially if parents hold different nationalities or if the child is born abroad and the law of the country of birth allows so-called dual citizenship. Until 2014, children of foreign parents born in Germany were subject to the so-called options model: they had to choose a nationality between the ages of 18 and 23. Since the reform of the Nationality Act in 2014, the option obligation for children born and raised in Germany no longer applies, provided they can demonstrate special ties to Germany (for example, school attendance or longer residence). Minors, when reaching adulthood, generally no longer have to make a decision if they fulfill the conditions of the new legal regulation.
How does dual citizenship affect the obligation for military service?
Military service is a complex aspect of dual citizenship, because many countries—including Germany (until 2011, after which it was suspended)—require nationals to perform military service. A dual national can, in principle, be subject to military service in both countries; the so-called dual nationality agreement (between certain countries) is relevant in law: it stipulates that service may be performed in one of the two countries and the other state will recognize this. If there is no such agreement, there is the risk of conscription in both countries, although certain exceptions and credits may apply. Affected persons are obliged to inform themselves in good time—especially for longer stays abroad—at the relevant authorities about their obligations.
Is there an automatic loss of German citizenship upon acquiring another?
Pursuant to § 25 of the Nationality Act (StAG), a German who voluntarily acquires a foreign nationality generally automatically loses German citizenship unless prior retention permission is granted by the relevant authority. This loss does not occur if the additional citizenship is acquired by birth, through marriage, or by inheritance of citizenship. For the standard case of voluntary acquisition: Possession of both passports is only legal if official approval is present or if one of the specific legal exceptions applies.
Which documents are required to apply for a retention permit?
To apply for a retention permit under § 25 para. 2 StAG, various documents must be submitted. These include an informal written application with a detailed justification as to why the loss of German citizenship would constitute unreasonable hardship, proof of continued ties to Germany (for example, workplace, residence, family relationships), valid proof of identity, and generally documents regarding the planned acquisition of the other nationality. Specific requirements can differ depending on the federal state, so it is advisable to seek advice from the responsible authority—the nationality authority at the place of residence—or consult their information leaflets before applying.
Which countries do not recognize dual citizenship and what does that mean for holders of a German passport?
Some countries—such as China, India, or Saudi Arabia—generally do not recognize dual citizenship. This means that persons with a German passport who come from one of these countries and hold another nationality in addition to the German one may face significant legal consequences. These range from automatic loss of the foreign citizenship, legal sanctions, restrictions on exit or consular protection, to the revocation of the German passport in the home country. It is therefore essential to obtain exact information about the legal situation in the home country before applying for additional nationality, since violations can in certain circumstances also lead to criminal consequences.
