Germany: The date on which the new German Nationality Act was passed, and the date on which it came into force; whether its provisions apply retroactively; status of someone born in Germany to parents who are not German nationals; a copy of the new German Nationality Act
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 16 February 2000 |
| Citation / Document Symbol | DEU33636.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Germany: The date on which the new German Nationality Act was passed, and the date on which it came into force; whether its provisions apply retroactively; status of someone born in Germany to parents who are not German nationals; a copy of the new German Nationality Act , 16 February 2000, DEU33636.E, available at: https://www.refworld.org/docid/3ae6ad47c.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
On 21 May 1999 the upper house of the German parliament, the Bundesrat, approved a new Nationality Act, to come into effect on 1 January 2000 (Germany 21 May 1999). Under the terms of the new Act, children born in Germany as of 1 January 2000 are automatically entitled to German citizenship, even if their parents are not German citizens, provided that at least one of their parents had lived in Germany for at least eight years at the time of their birth (ibid.; German Life 30 Sept. 1999; AP 31 Dec. 1999; The Nation 21 June 1999). Regarding retroactivity, German-born children of non-German citizens, who were born before the new Nationality Act came into effect but who on 1 January 2000 had not yet reached their tenth birthdays, are entitled to be naturalized as German citizens (Germany 23 July 1999) This naturalization is subject to certain conditions, notably that the application for naturalization be submitted by 31 December 2000 and that at least one of the parents has been resident in Germany for at least eight years at the time of the child's birth (ibid.).
For more details please see the attached text of the Nationality Act, including the forward, "Reform of the Nationality Law," by German Interior Minister Otto Schily, and the Explanatory Memorandum, "The law as from 1 January 2000."
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Associated Press (AP). 31 December 1999. Burt Herman. "German Citizen Law Taking Effect." (NEXIS)
German Life. 30 September 1999. John Dornberg. "And Finally Is the Boat Full?" (The Ethnic NewsWatch/NEXIS)
Germany. 21 May 1999. "Nationality Act (Staatsangehörigkeitsgesetz, StAG)." < http://iecl.iuscomp.org/gla/statutes/StAG.htm > [Accessed 9 Feb. 2000]
The Nation. 21 June 1999. Seyla Benhabib. "Germany Opens Up; German Citizenship Law." (NEXIS)
Germany. 21 May 1999. "Nationality Act (Staatsangehörigkeitsgesetz, StAG)." < http://iecl.iuscomp.org/gla/statutes/StAG.htm > [Accessed 9 Feb. 2000]