Originally Posted by jason8612
(Post 10118292)
Since LH is mostly German, thought I would ask this question here.
Father was born in Wroclow (Breslaw), Poland which at that time was Germany. How could he become a German citizen and get a German passport if it is even possible? Is there any issues with dual citizenships? What would be the first step? And is there a way then can I get German citizenship (does it work on birth/blood line like Polish citizenship does. If one of your family members was Polish (25% at least I believe) you can get Polish citizenship?) In this case it is rather "simple" The ancestors of the father were born within the confines of the "Deutsches Reich" in the border of 1914 ( and prior to 1914) or were German citizens at his birth - this determines "Volkszugehörigkeit". Dual citizenship is not possible if you apply for German citizenship - which would be the case. the average time for the process is 3 years ... |
Originally Posted by chtiet
(Post 10120072)
For the OP it boils down to:
1. Did your father have German citizenship? 2. Were you born while your father had German citizenship? If the answer to both is 'yes', then you may have a case. If it's 'no' to either, then no dice. So it looks like no German citizenship for father then. Grandparents were born I think 1926 or so. Father 1952. |
deleted.
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I thought that the dual citizenship was only not allowed for naturalized citizens (with known exceptions). To acquire a German citizenship, you usually have to give up your previous citizenship, and if a German citizen applies for and acquires a citizenship of another country, s/he loses the German citizenship.
In the case of citizenship via German ancestry, it's just a matter of determining that you are (and have always been) a German citizen. So dual citizenship should not matter at all. NB: This is my personal opinion and not a legal advice ;) |
I asked a question, which he answered later (his dad was born in 1952). There was no assumption and I gave a present day example on why if his case did meet my criteria (being born during German occupation), which we come to find he didn't, he wouldn't qualify for citizenship.
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Originally Posted by cockpitvisit
(Post 10121845)
I thought that the dual citizenship was only not allowed for naturalized citizens (with known exceptions). To acquire a German citizenship, you usually have to give up your previous citizenship, and if a German citizen applies for and acquires a citizenship of another country, s/he loses the German citizenship.
In the case of citizenship via German ancestry, it's just a matter of determining that you are (and have always been) a German citizen. So dual citizenship should not matter at all. NB: This is my personal opinion and not a legal advice ;) There are some exceptions, but the general rule is that if a German citizen voluntarily acquires another citizenship than they lose their German citizenship. This applies to ALL Germans regardless of how they acquired their German citizenship - i.e., including people who are German by birth. If a German citizen is GIVEN another citizenship (e.g. through marriage) then they get to keep their German citizenship. |
Originally Posted by Aviatrix
(Post 10121989)
What you are saying is not correct.
There are some exceptions, but the general rule is that if a German citizen voluntarily acquires another citizenship than they lose their German citizenship. This applies to ALL Germans regardless of how they acquired their German citizenship - i.e., including people who are German by birth. |
Originally Posted by roundtheworld
(Post 10121046)
In this case it is rather "simple" The ancestors of the father were born within the confines of the "Deutsches Reich" in the border of 1914 ( and prior to 1914) or were German citizens at his birth - this determines "Volkszugehörigkeit".
Dual citizenship is not possible if you apply for German citizenship - which would be the case. the average time for the process is 3 years ... |
Originally Posted by supermasterphil
(Post 10121438)
Ask yourself what you want with this citizenship. If you are US and Polish citizen, you are not allowed to keep the Polish one,
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Originally Posted by Flying Lawyer
(Post 10122559)
Philipp, you have missed something. Poland is an EU memberstate. Sec 12 para 2 RUSTAG would allow dual citizenship like charme. Thomas
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Originally Posted by Flying Lawyer
(Post 10122526)
Sorry for being very direct, but almost everything in your post is as wrong as it can be. Dual citizenship is possible under German law (see the correct and multiple examples referred to in this thread), the OP never stated that his ancesters were German citizens and being born on the territory of Germany in its borders of 1914 does not automatically imply "Volkszugehörigkeit" and depending on the case citizenship can be granted in less than a year.
On the other issues you raise as being completely wrong -- considering you haven't gone through it ( I assume) - I wonder where your certainty comes from. To acquire the citizenship - you need to apply the laws that were in effect at the time where the citizenship should have been established - not the current ones. The father needs to establish that he could have received German citizenship and why he didn't at that time. As you state there are multiple underling laws that allow for citizenship. For example: Considering that the OP was born while his father did not have German citizenship and he was born outside Germany and he is 18 years and older - the OP will NOT be able to receive a German passport. This is a very quirky part of German citizenship law. If a child is born outside Germany to parents who themselves were not born in Germany the child (parents) needs to apply for citizenship within 12 months of birth or reaching age 18 - if the parents have not been citizens at time of birth and the child is an adult at time of grant of citizenship (of the parents) then the child will not receive citizenship ... But of course there are other quirky things in the German law - if you have lived in Germany and have been treated as a German citizen for more than 12 consecutive years - then German citizenship will be granted - the question again is - how do oyu proof you have been treated as a German citizen ... wow I love this discussion. As I sarcastically said - "very simple". |
Originally Posted by roundtheworld
(Post 10124509)
As I sarcastically said - "very simple".
http://www.bundesrecht.juris.de/bund...tag/gesamt.pdf The principle behind it is very simple again: Becoming German simply based on your ancestors is getting more and more difficult. Becoming German based on living in Germany for a long time is getting easier. Dual citizenship is tolerated to a certain (quite large) extend. |
Originally Posted by Flying Lawyer
(Post 10122559)
Philipp, you have missed something. Poland is an EU memberstate. Sec 12 para 2 RUSTAG would allow dual citizenship like charme. Thomas
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Originally Posted by supermasterphil
(Post 10125356)
I didn't know it was possible to have two EU memberstate citizenships at the same time.
Originally Posted by supermasterphil
(Post 10125356)
What would be the benefit (besides "feelings") to have two?
There's theoretically no limit to the number of citizenships one could possess. |
Originally Posted by chrissxb
(Post 10119646)
for some countries since Aug1st last year no need to ask for permission anymore. EU-countries.
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