Loss of German Citizenship: What Happened in 2005 and Why It Still Matters Today

“48,000 people of Turkish descent lose their German passport?” – with this headline, the FAZ caused a stir in February 2005. The background: many Germans of Turkish descent – often without realizing it – lost their German citizenship by (re-)acquiring Turkish nationality. To this day, there is uncertainty about this issue, and many people wonder whether they themselves or family members may have been affected.

This article explains how the situation arose, what rules applied at the time, and how you can verify today whether you still hold German citizenship.

Legal framework

Since 1914, Germans who voluntarily acquire a foreign nationality have, as a rule, automatically lost their German citizenship. The only exception: those who applied for and obtained a so-called Beibehaltungsgenehmigung (retention permit) beforehand. Without it, the loss of citizenship occurred immediately and without further formalities, see § 25 (1) sentence 1, (2) StAG (old version).

Until 31 December 1999, however, there was the so-called domestic clause (Inlandsklausel). This provision prevented loss of German citizenship if Germans residing in Germany re-acquired their former nationality. The clause was abolished by the Citizenship Reform Act of 15 July 1999 (Federal Law Gazette I, p. 1618).

Since 1 January 2000, the following has applied: even Germans residing in Germany lose their citizenship if they acquire another nationality without having first obtained a retention permit. What matters is the actual acquisition of the foreign nationality, not merely filing the application (see BVerfG NVwZ 2007, 441 (442 ff.); VGH Munich NVwZ-RR 2006, 732; OVG Koblenz BeckRS 2006, 26889 para. 17 f.).

Background

In the 1990s, when the naturalisation of Turkish nationals in Germany was being actively promoted, Turkey introduced the so-called “Pink Card.” This card was intended to secure certain rights in Turkey for those who had given up their Turkish nationality. Since these rights often could not be effectively exercised in practice, many made use of the domestic clause to regain Turkish nationality.

After the clause was abolished on 1 January 2000, many people continued this practice, unaware of the change in German law. Turkish consulates sometimes even encouraged re-naturalisation, providing misleading information or carrying it out without explicit consent. A Turkish government decree of 10 September 2001 even shows that civil registry data were deliberately manipulated to conceal re-naturalisation from the German authorities (BT-Drs. 15/4880).

Establishing loss of nationality

If you are unsure whether you lost your German citizenship, you can apply for a determination of citizenship (Staatsangehörigkeitsfeststellung) at the Federal Office of Administration (BVA) in Cologne or through the German mission abroad responsible for you – naturally, this can also be done via the law firm Cetin.

Options in case of loss

Anyone who has lost German citizenship may, under certain conditions, be granted a settlement permit (Niederlassungserlaubnis). This applies if, at the time of loss, the person had already been residing in Germany as a German citizen for at least five years.

Alternatively, there is an entitlement to a residence permit if the person had lived in Germany for at least one year (§ 38 Residence Act – AufenthG). The deadline under § 38 (1) sentence 2 AufenthG is six months from the time the person became aware of the loss of citizenship, not from 1 January 2000 (BMI, Application Guidelines on the Immigration Act, No. 38.1.10).

If the person resides abroad, re-naturalisation under § 13 StAG may be possible. Otherwise, naturalisation under the general provisions of §§ 8 ff. StAG applies, as for persons ordinarily resident in Germany.

Legal support

If you have questions regarding your personal situation or need assistance with the determination or re-acquisition of citizenship, the law firm Cetin is at your disposal for advice and support at any time.