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Aviatrix Sep 23, 2005 1:30 am


Originally Posted by BigFlyer
Is there some sort of secret competition going on in this thread to see who can give the most wrong information in the most authoritative sounding way?

From an official page of the German Foreign Office at http://www.auswaertiges-amt.de/www/e...e/faq/kat3/F10:
As well as German nationality, our child has had a second nationality since birth. Does our child have to choose between the two in later life?
No, as far as German law is concerned, if your child automatically had two nationalities at birth, he/she does not have to decide between the two at a later stage. Your child is therefore a permanent holder of dual nationality. In some cases, the law of the other country may however dictate a need to choose.


If there is a prize for "misleading information" then perhaps that prize should go to the German Foreign Office! The above quote is actually quite inaccurate and misleading because it makes it appear as though it is ALWAYS the case that German dual nationals can keep their dual nationality for life - which is not correct.

Under current law (in force since 2000) there are two ways of being born into German nationality - by descent and by birth. Those born into German nationality by descent (i.e., children of German parents) do not have to choose. Those born into German nationality by birth (i.e., children born in Germany to parents who are residents but not citizens) have to choose between German citizenship and their parents' citizenship before age 23.

This is what I found out so far - but I believe there must be another set of circumstances in which dual nationals lose their German nationality because a friend of mine has recently lost hers (she had a letter from the German Embassy instructing her to return her German passport as she is no longer entitled to it). She was born outside Germany to a German father and non-German mother.

BigFlyer Sep 23, 2005 1:44 am

If she applied for and obtained the non-German nationality without first obtaining permission from the German government to obtain the second nationality, that would be grounds for lose of German nationality. I of course have no idea if she did this, but this is presumably the most common.

There is also a new way to lose German nationality: Serving in a non-German military can also be grounds (which I would guess she did not do):

http://www.auswaertiges-amt.de/www/e...t/index_html#2



Originally Posted by Aviatrix
If there is a prize for "misleading information" then perhaps that prize should go to the German Foreign Office! The above quote is actually quite inaccurate and misleading because it makes it appear as though it is ALWAYS the case that German dual nationals can keep their dual nationality for life - which is not correct.

Under current law (in force since 2000) there are two ways of being born into German nationality - by descent and by birth. Those born into German nationality by descent (i.e., children of German parents) do not have to choose. Those born into German nationality by birth (i.e., children born in Germany to parents who are residents but not citizens) have to choose between German citizenship and their parents' citizenship before age 23.

This is what I found out so far - but I believe there must be another set of circumstances in which dual nationals lose their German nationality because a friend of mine has recently lost hers (she had a letter from the German Embassy instructing her to return her German passport as she is no longer entitled to it). She was born outside Germany to a German father and non-German mother.


GUWonder Sep 23, 2005 1:57 am


Originally Posted by Sjoerd
A British passport (or other West-European passport) is as good as a US one (or even better) in terms of visa-free travel.
And in terms of working and living abroad, a British passport gives you the automatic right to live and work in 28 countries (EU + Iceland, Switzerland and Norway) + probably a few Commonwealth countries, whereas a US passport gives you the automatic right to live and work in ... 1 country. Seems an easy choice to me!

That's right. An EU member state's passport (at least some of them) is better for visa-free or lower visa-fee travel and/or the ability to work internationally. I think PhlyingRPh is speaking from the perspective of having to make a choice between an OECD-country's passport and a non-OECD country's passport. Given that choice, the decision may be more "obvious" -- at least for material reasons.

hfly Sep 23, 2005 3:38 am

Concerning Germany, there are a lot of Grey areas. Until not very long ago many Turks did not take German citizenship because not only was it illegal for Turkrs to have dual nationality (with enough loopholes to drive a truck through), but it was technically legally impossible for a Turk to renounce their nationality (and the Turks stuck to the letter of the law where the Turks were concerned). However what in effect happened was that both sides tweaked their laws, and the Turks basically go and pick up their German passports, give up their Turkish passports, but actually hold onto their Turkish ID cards (and can go get another passport tomorrow if they want one). Whether 100% legal or not from both or either side is one thing, but is in fact what thousands do every year.

Hakluyt Sep 27, 2005 11:56 am


Originally Posted by alanR
Tsk, tsk, especially considering the oath people take to become US citizens requires them to give up such loyalties and even more amazingly requires them to give an oath to God.

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God. In acknowledgement whereof I have hereunto affixed my signature.

Dual citizenship is just grand. You can now even take exception to the oath you cited above by not swearing to defend the consitution and the laws of the US.
Israeli citizens can and always could hold both U.S. and Israeli citizenship. It is now possible for other nationalities to do the same. Why put all your eggs into one basket.

hfly Sep 27, 2005 3:37 pm

Actually the above is NOT entirely true, as it was in fact a case dealing with a guy that had obtained both US and Israeli citizenship in the 1950's that went to the Supreme Court which actually created the precedent that allows US citizens to hold dual citizenship today.

erik123 Sep 28, 2005 8:06 am

Dual citizenship is allowed in a bunch of countries to maintain so called 'unity within the family'. This is to prevent children from having to choose the nationality of one parent over the other - and thus allows them to live/work in the country of either as adults.

The same often happens in the case of spouses - who do not have to give up their original citizenship once they become naturalized citizens of another country - so as to prevent the situation that their children would have the mothers/fathers citizenship (thru birth) while the mother/father has to give it up while taken up citizenship fo the spouse.

In my experience - laws and procudeures concerning citizenship are often opaque and contradictory - often on purpose so as to discourage dual citizenship (while a right under the constitution or treaty). If you fight for it and jump thru all the hoops - you will often be succesful - even if initialy bureaucrats state it is not possible or present you with a catch-22 situation.

PhlyingRPh Sep 28, 2005 8:30 am


Originally Posted by Sjoerd
Quote:
Originally Posted by PhlyingRPh

Obviously, most people will choose to retain their U.S. citizenship.



PhlyingPPh obviously is one of the many Americans who falsely believe that the rest of the world, if given the choice, would all move to the US tomorrow. More enlightened Americans have explained to me that many Americans are still being taught / indoctrinated at schools and by their families that the US is by far the "best" place in the world.

How Funny! I of all people have been branded an American! and apparently a xenophobic one at that. If you ask any of the neo-cons/fascists/nazi's/zionists/white supremacists on Omni, they will gladly set the record straight and reinforce my credentials of being virulently anti-american, in terms of foreign policy at least.

Perhaps my words were not chosen well, but when I stated that most people would choose U.S. over British citizenship. Had you read my post in it's context, you would know I was referring to a U.S. born individual living in the U.S. having to choose between British or U.S. citizenship at age 18. Again, I am sure most people in that situation would not give up their U.S. citizenship.

Thanks for the laugh though :)

bensyd Jan 22, 2007 7:55 am

Sorry to dig up this old thread but I thought better than starting a new one.

Here is my dilemma. At the moment I have Right of abode in the UK, but I was told by the British High commission in Australia that I would be entitled to a register for a british passport. My mother was born in Britain and so is British by birth *but* she never had a british passport according to the BNA 1948 she would automatically be a citizen by birth. The application for registration requires;

Your mother's full birth certificate; and either
Her certificate of naturalisation or registration as a citizen of the United Kingdom and Colonies (or, before 1 January 1949, as a British subject); or
Papers showing her legal adoption; or
Her expired citizen of the United Kingdom and Colonies passport.
I have her birth certificate, but she never received a passport or if she did she was way to young to remember and now travels on an Australian passport anyway.

Wouldn't the birth certificate be enough to prover her citizenship given that her only requirement was to be born in the UK, and as she has never formally renounced her citizenship she should still be a citizen?

hauteboy Jan 22, 2007 8:32 am

Dual citizen experience
 
This one is relevent for me. I was born in the UK in the 70's to a British father and US mother; automatically from this I had British citizenship. My parents then registered me at the US consulate to receive a US birth certificate and allow travel on my mother's passport (they moved back to the US when I was 10 months old). I had also heard the choose citizenship by 18, since I had lived in the US most of my life and had a US passport by that time I didn't think anything of it. However a few years ago I started looking back into dual citizenship as I'd like to work in Europe and having British citizenship would make it easier; everything I had read suggested I could have both passports. I applied and received my British passport (RFID) last year; this involved sending in my British birth certificate and my mother's passport that I left the UK in 1972 on (amazingly she still had it). There's definitely some tricks with laws and tax implications; Britain doesn't require citizens paying taxes on foreign-earned revenue, but the IRS does. You also officially have to enter the US on your US passport and Britain on your British passport.

whitters Jan 22, 2007 8:59 am

Just in case anybody is interested...
 
I was born in the UK in 1984 after the laws were changed. My parents weren't British citizens - they are Australian - but had permanent residency. The High Commission advised me that I couldn't apply for a passport unless my parents' passports from the time of my birth were stamped with "indefinite leave to remain". Fortunately they had kept their old passports, and they did indeed have the stamp.

On that basis I applied for - and was granted - a British passport. I sent all the documents to Canberra and two days later - by express courier - a passport appeared. A little bit surreal - instant citizenship!

As far as I'm aware, Australia's policy on dual citizenship is "we don't care, but don't come crying to us if you get called up for national service".

stevenshev Jan 22, 2007 9:07 am


Originally Posted by whitters (Post 7068614)
As far as I'm aware, Australia's policy on dual citizenship is "we don't care, but don't come crying to us if you get called up for national service".

Pretty much the same as US policy.

I hold US, Australian, and New Zealand passports (and would likely be eligible for a Russian passport if I didn't want to deal with the military service issue). No issues. The 18 rule, as hfly so graciously noted, is a load of crap.

donaghadee Jan 22, 2007 9:23 am

Bensyd - ring the Idendity & Passport Service Advice line on on 0870 521 0410. You will get the correect advice. I know we run it.

phachak Jan 22, 2007 9:31 am

The state department is actually expanding 'dual nationality agreements'. One such agreement was recently reached with Pakistan. They allow you to reclaim your pakistani citizinship if your US passport show Pakistan as country of origin. This can only be the case if you were naturalized and took the outh of citizenship (your passport showing different country of origin), yet now the State deparment agrees you can claim fidilety to a different nation.

bensyd Jan 22, 2007 10:26 am


Originally Posted by hauteboy (Post 7068489)
My parents then registered me at the US consulate to receive a US birth certificate

Is it possible to receive a birth certificate if your not born in the country? I thought that was only done in exceptional circumstances ie someone born in an area where there was no government through war etc...


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