Dual or Triple Citizenship?

"I'd gnaw through bureaucracy like a wolf.

I have no respect for official mandates.

Let any piece of paper go to hell and back.

But this one..."

Vladimir Mayakovsky

Over the course of many years of legal practice, our fellow countrymen quite often ask us the same question: "How can I obtain German citizenship while keeping my current one (Russian, Ukrainian, etc.)?" There are cases where a candidate for German citizenship, at the time the process begins, already holds not only Russian or Ukrainian citizenship, but also the citizenship of other countries — in other words, already has dual citizenship.

Based on a similar inquiry from a client holding both Russian and Canadian citizenship, whose children were citizens by birth not only of Russia, but also of Canada and the United States, we prepared a corresponding legal analysis, in the form of an overview of German, Russian, Canadian, and US law, to share with a wider audience — that is, with the readers of this article.

I. German Citizenship

The procedure for foreign nationals to obtain German citizenship is governed by §§ 8-12 of the Nationality Act (StAG). Under these provisions, a foreign national permanently residing in Germany can become a German citizen if the following conditions are met:

— the applicant has resided in Germany for at least eight years;

— holds a permanent settlement permit;

— has income sufficient to live without receiving state social assistance;

— has no criminal convictions;

— has successfully passed the citizenship test (knowledge of Germany's legal and social order and way of life);

— has the necessary level of German-language proficiency (at least B1 level),

— has housing and can provide it for their family;

— if the applicant holds a certificate of successful completion of an integration course, the required period of residence in Germany is shortened to 6 years instead of eight;

— the applicant must be prepared to renounce their previous citizenship.

The same conditions for obtaining German citizenship must also be met for minor children. Their command of German must be appropriate to their age, confirmed by a school certificate if they attend school. For children of preschool age, an expert opinion confirming that their language skills are age-appropriate is required instead. Children are entitled to keep their previous citizenships until they turn 21, at which point they must choose one citizenship.

II. Retaining Russian Federation Citizenship

German law generally does not provide for the possibility of keeping Russian citizenship upon obtaining German citizenship — except for persons who came under the Jewish emigration program, late resettlers, or refugees. However, there are exceptions under § 8 of the Nationality Act (Staatsangehörigkeitsgesetz — StAG), decisions on which are made at a higher level (Senat Ermessenseinbürgerung), rather than at the level of the ordinary naturalization office (Einbürgerungsstelle).

An applicant may be exempted from the requirement to renounce their existing citizenship if that is not possible, or would entail serious consequences. This means that the law of the state whose citizenship the applicant holds does not allow them to renounce it, or that they were refused that right, as well as in the presence of other special circumstances amounting to force majeure.

The key difference is that, even if the applicant meets every prerequisite, the official still retains a degree of discretion in reaching a decision. This does not mean, however, that the official is free to decide however they please. When reviewing an application for citizenship (or, more precisely, for retaining citizenship), the official must be guided by the so-called principle of proportionality and equal treatment, and must consider each application on its own individual merits.

For example, in cases where:

— renouncing the previous citizenship is not possible (the state requires military service to be performed, which is not feasible);

— persons over 60 years of age who have lived in Germany for at least 15 years (explained by health condition or lack of funds);

— the applicant is over 40 and has not been to their home country in more than 20 years (no remaining social ties to that country);

— the applicant holds official refugee status;

— the applicant is of significant interest to the Russian state (figures in science, culture, the arts, etc.).

There is also another condition worth considering: under § 12 StAG, an official deciding whether to allow a second citizenship to be retained must take into account the applicant's personal situation and circumstances. § 12(1), second sentence, No. 5 StAG provides that a foreign national may obtain German citizenship while keeping their previous citizenship if losing that citizenship would entail major economic or proprietary losses.

For example, the loss of ownership rights to property whose value exceeds the average annual income of an applicant for German citizenship. If renouncing citizenship would make it impossible to own, say, agricultural land, and the income from that land exceeds the average annual income in Germany, the official must take these circumstances into account when reaching a decision as well.

To do so, properly executed evidence must be provided confirming the income received from owning that land, and that income must be declared in Germany. Documented evidence must also be provided of ownership of property included on the list approved by Decree of the President of the Russian Federation No. 26 of 9 January 2011 (as amended on 11 April 2016), "On the Approval of the List of Border Territories Where Foreign Nationals, Stateless Persons, and Foreign Legal Entities May Not Own Land Plots," or of ownership of agricultural land subject to restricted circulation under Article 3 of Federal Law No. 101-FZ of 24 July 2002, "On the Turnover of Agricultural Land," which foreign nationals may only hold under a lease. Confirmation must also be provided that the children stand to lose their right to inherit that land (for example, by providing a will).

One of the steps in the German citizenship procedure is filling out an application form, which includes a question that must be answered: "Are you prepared to renounce your previous citizenship?"

Our recommendation is to answer "yes, I am prepared." After a thorough review of the documents and application, you will then be issued a document called the "Zusicherung," which guarantees that you will be granted German citizenship, provided that the applicant renounces their previous citizenship — typically within about 1 year. This deadline can also be extended.

Once this guarantee has been obtained, an application to retain Russian citizenship (Antrag auf Beibehaltung der russischen Staatsangehörigkeit) must be filed, together with solid supporting arguments and documentation. If the decision is negative, you have the right to appeal through the pre-litigation objection procedure (Widerspruchsverfahren), and if that objection is also rejected, you have the right to take the matter to court (Klageverfahren).

III. Retaining US and Canadian Citizenship

As for retaining US and Canadian citizenship, citizens of these countries are entitled to acquire German citizenship on the standard general terms — they are not part of any privileged group. When it comes to acquiring German citizenship, citizens of these countries (the US and Canada) benefit from visa-free entry and a simplified residence permit procedure under Germany's law on foreign nationals.

Exceptions when deciding on acquiring German citizenship while retaining the previous one exist only where the applicant has long-standing social ties in that country and owns property there.

The conclusion above is based not only on the requirements and commentary of current law, but also on case law on this question (VGH München, judgment of 15 July 2014 — 5 B 12.2271). Under this court ruling refusing to allow US citizenship to be retained, no exceptions are made even for children under the age of 21.

The US and Canada likewise do not generally support dual citizenship, except in exceptional cases: "Children who acquire German citizenship by descent from German parents and who are Canadian citizens by birth in Canada, or by descent from a Canadian parent, generally hold dual citizenship and do not need to choose one nationality. Otherwise, the exceptions mentioned above must be met instead."

The following provisions apply in the US:

According to our research, once you obtain German citizenship, you lose your American citizenship (see the Immigration and Nationality Act, Title III, Chapter 3, Section 349).

IV. Summary

In summary, we would like to list the following necessary prerequisites for obtaining German citizenship:

A. — sufficient income is available: as of today, income is calculated as follows:

368 euros per adult per month,

291 euros per month for children up to age 14,

plus payment for health insurance (if private),

housing costs, and

the so-called Freibetrag (allowance) of around 300 euros.

For example, for a family of 4, this comes to a minimum of 1,618 euros, plus additional housing and health insurance costs.

B. — adequate knowledge of German;

C. — no criminal convictions;

D. — continuous residence in Germany for more than 6 years;

E. — a successfully passed citizenship test.

Procedure:

First, an application for German citizenship must be filed, which involves renouncing the previous citizenship. Second, once German authorities have issued their guarantee of citizenship, an application to retain Russian citizenship must be filed. Minor children are entitled to obtain German citizenship, with an application filed for them together with the mother's application; their command of the language must be confirmed by a certificate or school report. Once children have obtained German citizenship, they can choose one of the citizenships at age 21.

It's worth noting that the law is developing dynamically and adapting to society's needs, so it is difficult to predict today how favorably it might change for children in the future.

As for the children retaining Russian citizenship, an application to do so will need to be filed once they turn 21. Based on the law currently in force, we believe the chances of the parent and minor children retaining Russian citizenship are good, provided the question of inheriting the land located in border areas and owned outright is resolved, and provided the income from that property exceeds the parent's and children's average annual income in Germany.

In preparing this analysis, we drew not only on German law, but also on the laws of the United States, Canada, and Russia, as well as relevant case law.

Immigration & Residence Law

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