German nationality law

German nationality law explains who is a national of Germany. The main rulebook is the Nationality Act, which started on 1 January 1914. Because Germany is a member state of the European Union, all German nationals are also EU citizens. This means they can live and work in any EU or European Free Trade Association country and vote in elections to the European Parliament.

Usually, if one of your parents is German and married, you are a German national from birth, no matter where you are born. For children of unmarried parents, only those with a German father need extra steps to become German nationals. Some children born in Germany to foreign parents can also be German nationals at birth if one parent has lived in Germany for five years with permission to stay forever. Foreigners can become German nationals by living in Germany for at least five years and showing they know the German language.

Germany’s history with nationality is complex. Once, many small German states made up the country, and people were citizens of their local state. This changed with the unification of Germany in 1871. During a difficult time between 1933 and 1945, some people lost their rights and citizenship. Those affected and their families can regain German citizenship now. After the Second World War, Germany was divided, and each part had its own rules until the country joined back together in German reunification in 1990.

Terminology

The words citizenship and nationality can be confusing because they mean slightly different things. Nationality means that a person legally belongs to a country. This is how countries refer to their members in international agreements. Citizenship means the rights and duties a person has in that country.

In Germany, the word "nationality" (Staatsangehörigkeit) refers to being a member of the country, while "citizenship" (Staatsbürgerschaft/Bürgerschaft) refers to taking part in the country's life. Sometimes, a person who isn’t a member can still have some rights, like living or working there. And sometimes, a member might not have certain rights, like voting if they are a child.

Decentralised development

See also: Holy Roman Empire and Napoleonic Wars

Germany did not have one strong government for much of its history. Because of this, the rules about who was a German citizen changed often and were very different in each place.

Before the 1800s, the German lands were part of the Holy Roman Empire, which had many small states. Each state had its own rules about who belonged there. Usually, being a citizen meant living in a certain town. If you lived somewhere else, you might be asked to leave.

The idea that citizenship ties a person to a country, no matter where they live, started in the late 1700s during the French Revolution. After the Holy Roman Empire ended in 1806, some German areas used this new idea, but many did not. In 1815, after the Napoleonic Wars, a new group called the German Confederation was formed. It included most of the old Holy Roman Empire’s lands. Still, each state decided its own citizenship rules.

Some states made agreements to recognize each other’s citizens. For example, if you lived in one state for ten years, you could become a citizen there easily. If you left your home state forever, you would lose your citizenship.

The Constitution of the German Confederation tried to create a common German nationality. It said that all Germans could own property, move freely, and join the army in any German state. But in practice, many states did not let people from other states move in easily.

Later, in 1871, the German Empire was formed. The new rules focused more on being German by birth rather than just living in a certain place. This made it easier for Germans living outside of Germany to keep their citizenship. However, getting German citizenship as a foreigner was very hard and depended on the government’s decision.

Interwar and Nazi regulations

See also: Weimar Republic and Nazi Germany

After World War I, Germany lost some lands, and people living there changed their nationalities. For example, people in Alsace–Lorraine became French again, and people in Northern Schleswig could choose to become Danish or stay German.

During the Nazi time, many unfair rules were made. The government took away citizenship from people they did not like, such as those who had fled the country. Later, many people were treated very badly and lost rights, including the right to vote.

When Germany took over new areas like Austria and parts of Czechoslovakia, the people there were made German citizens. Some could keep their old citizenship for a short time, but later everyone had to follow German laws. In Poland, many people lost their citizenship and became stateless.

Post-war policies

See also: West Germany and East Germany

West Germany

East Germany

Reunited Germany

During the Cold War, Germany was split into two parts. One part was called West Germany and the other was called East Germany. In 1990, East Germany joined West Germany, ending the split.

After losing the Second World War, Germany was controlled by other countries. Austria became its own country. In 1949, Germany was divided into two countries: the Federal Republic of Germany (West Germany) and the German Democratic Republic (East Germany).

Both parts thought they were the true Germany at first. Over time, they made their own rules. East Germans who escaped to West Germany could get West German passports.

European integration

See also: European Union citizenship

West Germany joined efforts to work together with other European countries after the war. They helped start groups like the European Communities, which later became the European Union (EU). West Germans could vote in European Parliament elections starting in 1979 and could work in other EU countries. When Germany reunited in 1990, it stayed part of the EU. The Maastricht Treaty in 1992 made all EU citizens free to move and live in any EU country.

Expansion of access to citizenship

After Germany reunited, there was discussion about how to include people who had moved to Germany from other countries. Many children of foreign workers were born and educated in Germany but were not German citizens.

In 1991, rules were changed to make it easier for people to become German citizens. Young people between 16 and 23 could become citizens after living in Germany for eight years, going to school there for six years, and having no criminal record. Other immigrants could become citizens after living in Germany for 15 years, being able to support themselves, and having no criminal record.

In 1999, bigger changes were made. Children born in Germany to parents who had lived there for at least eight years could become German citizens. The rules for adults also changed, making it easier to become a citizen after eight years of living in Germany. In 2024, the rules changed again to make it even easier to become a citizen after five years of living in Germany. People could also hold German citizenship and another country’s citizenship at the same time.

Acquisition and loss of nationality

Children born in Germany get German nationality if at least one married parent is a German national. Children born outside Germany to a German parent also get German nationality, but there are some rules about when this happens.

Foreigners can become German citizens if they live in Germany for at least five years, speak German well, pass a test, and follow the country's laws. In 2024, rules changed to make it easier for people to keep their old nationality while becoming German.

Citizenship can be taken away from people who get it by lying, or who do very bad things. People whose citizenship was taken away during the Nazi time can sometimes get it back.