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Getting German citizenship/passport

Getting German citizenship/passport

Old Jul 30, 08, 11:15 am
  #16  
 
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Originally Posted by jason8612 View Post
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 ...
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Old Jul 30, 08, 11:50 am
  #17  
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Originally Posted by chtiet View Post
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.
No to both, so it looks like nothing for me. And I don't know if my grandparents were German. Doubt it as they were born before the war and not that part of Poland
So it looks like no German citizenship for father then.
Grandparents were born I think 1926 or so. Father 1952.
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Old Jul 30, 08, 12:16 pm
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deleted.

Last edited by supermasterphil; Feb 10, 11 at 2:25 pm
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Old Jul 30, 08, 1:20 pm
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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
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Old Jul 30, 08, 1:32 pm
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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.

Last edited by chrissxb; Aug 5, 08 at 5:58 pm Reason: answer to now deleted/edited post edited by mod.
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Old Jul 30, 08, 1:43 pm
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Originally Posted by cockpitvisit View Post
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
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.

If a German citizen is GIVEN another citizenship (e.g. through marriage) then they get to keep their German citizenship.
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Old Jul 30, 08, 1:46 pm
  #22  
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Originally Posted by Aviatrix View Post
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.
exceptions are EU citizenships. worked like a breeze with french-german. (had german first, got french - no problem. consulate told me no need anymore to ask permission at bundesverwaltungsamt köln for EU citizenships)
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Old Jul 30, 08, 3:08 pm
  #23  
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Originally Posted by roundtheworld View Post
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 ...
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.

Last edited by Flying Lawyer; Jul 30, 08 at 3:15 pm Reason: typos
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Old Jul 30, 08, 3:13 pm
  #24  
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Originally Posted by supermasterphil View Post
Ask yourself what you want with this citizenship. If you are US and Polish citizen, you are not allowed to keep the Polish one,
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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Old Jul 30, 08, 4:41 pm
  #25  
 
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Originally Posted by Flying Lawyer View Post
Philipp, you have missed something. Poland is an EU memberstate. Sec 12 para 2 RUSTAG would allow dual citizenship like charme. Thomas
And having three citizenships at the end US, Polish and German? Is this possible? Did we find a legal loophole?
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Old Jul 30, 08, 9:49 pm
  #26  
 
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Originally Posted by Flying Lawyer View Post
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.
Well the time frame was quoted form the Embassy in DC - so not such a weird place.

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".
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Old Jul 30, 08, 11:43 pm
  #27  
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Originally Posted by roundtheworld View Post
As I sarcastically said - "very simple".
In particular because quite a bit changed in 01/2008 and some wbesites have not been updated. The fact of the matter is to be found here:

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.
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Old Jul 31, 08, 2:23 am
  #28  
 
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Originally Posted by Flying Lawyer View Post
Philipp, you have missed something. Poland is an EU memberstate. Sec 12 para 2 RUSTAG would allow dual citizenship like charme. Thomas
I didn't know it was possible to have two EU memberstate citizenships at the same time. What would be the benefit (besides "feelings") to have two? And is it possible to have actually three citizenships at the same time???
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Old Jul 31, 08, 5:23 am
  #29  
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Originally Posted by supermasterphil View Post
I didn't know it was possible to have two EU memberstate citizenships at the same time.
It is. In fact, the EU regulations required Germany to change its policy to abandon the requirement to give up citizenship when being naturalized if the other citizenship is an EU one.

Originally Posted by supermasterphil View Post
What would be the benefit (besides "feelings") to have two?
Voting and unconditional right to be in said country.

There's theoretically no limit to the number of citizenships one could possess.
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Old Jul 31, 08, 5:25 am
  #30  
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Originally Posted by chrissxb View Post
for some countries since Aug1st last year no need to ask for permission anymore. EU-countries.
Great if you want a passport collection.
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