At the Retention permit is about retaining German citizenship. If Germans are naturalized in another state, it is usually the case that they would also lose their German citizenship. However, it is possible for a person to have multiple citizenship. This makes it feasible to retain German citizenship with a permit.
Mostly, these are cases in which one has left Germany and wants to live or work in one's new host country for a certain or indefinite period of time. Thus, one acquires the new citizenship of the host country, but would like to keep the German citizenship for various reasons. The reasons for this can be quite different, but dual citizenship has many advantages. From the general closeness and love for the mother country, the professional advancement in the host country, the promotion of scientific work in the host country, which can be difficult without the new citizenship, to pension benefits from the mother country, which want to be maintained in the host country.
The problem here is that in the normal case the acceptance of the foreign citizenship has the consequence that one would automatically lose the German citizenship. This follows from §25 StAG. There it says:
§25 StAG - Nationality Act
(1) A German loses his or her nationality on acquiring a foreign nationality if this acquisition is made at his or her request or at the request of the legal representative, but the represented person loses his or her nationality only if the conditions exist under which dismissal could be applied for in accordance with Section 19. The loss pursuant to sentence 1 shall not occur if a German acquires the citizenship of another member state of the European Union, Switzerland or another state with which the Federal Republic of Germany has concluded an international treaty pursuant to Section 12 (3).
(2) A person shall not lose citizenship if, prior to acquiring foreign citizenship, he or she has received written permission from the competent authority to retain his or her citizenship upon his or her application. [...]
Paragraph 1 of Section 25 StAG stipulates that a German automatically loses his or her citizenship if he or she accepts a foreign citizenship upon application. This loss is the legal consequence of the acceptance of the new citizenship without an application or declaration. The loss of German citizenship is ultimately voluntary. The consequences of the loss are as far-reaching as the actual reasons for wanting to retain German citizenship. The consequences can be in the Inheritance law, in the Right to vote or even to the right to Return extend to Germany. For this reason, the said retention permit exists. This option should be used if the loss of German citizenship has far-reaching negative consequences.
The Beibehaltungsgenehmigung is in itself a purely administrative act by which the German authority confirms to the citizen that he may retain his German citizenship. Only when he has this retention permit in hand does it make sense to apply for the new citizenship.
The Retention permit is usually applied for at the Federal Office of Administration in Germany with its headquarters in Cologne. With exception, the competent nationality authority at the citizen's place of residence is responsible, but only if the applicant still has his or her habitual residence in Germany. The necessary documents and justifications for the application include:
Only if the applicant has made a genuinely and seriously credible case that the loss of German citizenship will result in a considerable disadvantage for the citizen, especially an economic or professional disadvantage, is this particularly credible. In addition to economic or professional disadvantages, family, personal or other disadvantages can also serve as grounds for justification.
The retention permit is limited to two years and the time limit starts to run when the document is issued - not when it is handed over. For this reason, it is important to apply for retention only if you really plan to adopt a new foreign citizenship. For this reason alone, it is important, because the application for a retention permit is subject to a fee. The acquisition of the new citizenship is possible without any problems during the period of the retention permit. However, should the acceptance of the new citizenship take place before or after the validity of the notice, the applicant loses his or her German citizenship by operation of law.
If the naturalization in the new state is delayed, then it is advisable to apply for a connection certificate. In any case, this must be done in good time. Advised here is a period of six months before the expiration of the retention permit.
The process itself usually takes several months, so it's smart to consider when and how early to make this request.
Especially for citizens living in the United States of America, dual citizenship can make sense. Among other things, there are legal advantages. These include, for example, the right to vote in the USA, but also access to jobs. Besides, it is practical not to have to worry about a visa or a residence permit. It is also easier for most people to create an emotional bond with their new home country.
The advantages of dual citizenship are obvious. It allows simplified travel to different countries and also grants the most diverse rights in the countries. With great view, therefore, the right of the EU should not be forgotten. As an EU citizen, you continue to enjoy the extensive rights within the EU. For example, the right to live and work in various EU countries.
The only thing that should not be forgotten here is the time needed to make a suitable application and one must be aware of the conditions of the retention permit. Therefore, early information and contact with a competent Lawyer of very great importance for the application for retention permit. The permit here is the best way to combine both worlds and draw the greatest potential and benefits for themselves.
For this reason the Baumfalk Law Office the right contact for questions concerning the retention permit. Among other things, we offer the best connection to the United States of America and have very good Correspondent Attorneys at hand, who will also be happy to assist you.
Main office - Kerpen
Mr. Patrick Baumfalk, attorney at law
Main street 147
50169 Kerpen
Germany
Branch office - Witten
Mr. Patrick Baumfalk, attorney at law
Berlin street 4
58452 Witten
Germany
Our cooperation partner in the USA, FL, Merritt Island, Spacecoast and Miami, USA:
Mr. Alexander Thorlton, Esq. - German American Real Estate & Immigration Law Center, LLC
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