Ways of obtaining German citizenship

Please note: The information provided on this page regarding German citizenship is intended for general informational purposes only. While we strive to ensure the accuracy of the content, it is important to note that laws and regulations can change. We strongly recommend consulting with a legal professional or the appropriate authorities (such as the German embassy, consulate, or local immigration office) for the most up-to-date and personalized advice. The South Africans in Germany website is not responsible for any actions taken based on the information presented here.

Pathways to German Citizenship

The following are popular pathways to German Citizenship

By Decent or Birth

A child acquires German citizenship by birth if one parent has German citizenship. If, at the time of the birth, only the father is a German national, and if recognition or determination of paternity is necessary for proof of descent under German law, acquisition is dependent on recognition or determination of paternity with legal effect under German law; the declaration of recognition must be submitted or the procedure for determination must have commenced before the child reaches the age of 23.

See Section 4 of the Nationality Act
gesetze-im-internet.de

By Declaration - Section 5

Section 5 of the German Nationality Act, titled “Right of declaration for children born after the Basic Law entered into force,” provides a pathway for individuals born after May 23, 1949, who did not acquire German citizenship at birth but have a German parent, to obtain citizenship through a formal declaration.

Eligibility: Individuals born after May 23, 1949, who did not acquire German citizenship at birth but have a German parent.

These provisions ensure that individuals with German parentage who did not acquire citizenship at birth have a clear pathway to obtain it through a formal declaration process.

See section 5 of the Nationality Act
gesetze-im-internet.de

By Adoption- Section 6

A child under 18 adopted by a German citizen acquires German citizenship upon the adoption’s validity under German law. This applies to both domestic and international adoptions recognised by German authorities.

See section 6 of the Nationality Act
gesetze-im-internet.de

Naturalisation - Sections 8 - 146 and 40a

The German Bundestag passed the law to modernise nationality law – this came into force on 27 June 2024.

To be eligible for naturalisation, a person has to have lived legally in Germany for at least 5 years and possess the appropriate residence permit.
Persons wishing to become naturalised citizens must declare their allegiance to the German constitution and have a sufficient command of the German language.
Candidates for naturalisation must be familiar with the legal system, society, and living conditions in the Federal Republic of Germany (naturalization test) and able to support themselves without recourse to social assistance unless this is due to circumstances beyond their control; they cannot have committed any serious criminal offences.
See Sections 8 to 16, 40b and 40c of the Nationality Act

For more in-depth information, see the Staatsangehörigkeitsgesetz (StAG) or the BMI website

Before you can apply for naturalisation, you need to pass the Einbürgerungstest and be able to prove your language proficiency, currently B1 level

Einbürgerungstest and Leben in Deutschland

Einbürgerungstest and Leben in Deutschland Leben in Deutschland” test and the Einbürgerungstest — two tests that look like twins at first glance, but they’ve got different purposes and vibes. Let’s break it down properly Leben in Deutschland (LiD) The Leben in Deutschland tests your knowledge of the legal and social order and the living conditions in Germany. If you apply for Permanent residence, you must use the test to demonstrate knowledge of Germany’s legal and social system and

We added a page about the naturalisation process and the new Nationality laws

German Citizenship through naturalisation

German citizenship through naturalisation Naturalisation refers to the legal process of attaining citizenship of a foreign country. The requirements for becoming a naturalised German citizen are governed by Section 10, para. 1 of the Nationality Act. On January 19, 2024, the German Bundestag passed the law to modernise nationality law – this came into force on 27 June 2024. Acquiring German citizenship through naturalisation is the most common path for South Africans. Understanding the procedure is

Naturalisation through Marriage - Section 9

Being married to a German citizen does not automatically grant German citizenship. However, a spouse of a German citizen can apply for naturalisation under facilitated conditions.

Residency Requirement: The foreign spouse must have legally resided in Germany for at least three years. The residency requirement extends to four years if your spouse is a naturalised German citizen.
Duration of Marriage: The marriage or registered partnership with a German citizen must have existed for at least two years.

For a detailed understanding, you can refer to the full text of the Nationality Act here: https://www.gesetze-im-internet.de/englisch_stag/englisch_stag.html

Foreign parents

Children born to foreign parents in Germany may acquire German citizenship at birth under certain conditions. The relevant rules are outlined in Section 4 of the Nationality Act: gesetze-im-internet.de

Retention of South African citizenship
South African citizens under the age of 18 years are exempt and do not require to apply for dual citizenship, as long as they acquire the foreign citizenship before their 18th birthday. They automatically retain their South African citizenship for life unless, once they have reached the age of 18 years and they then wish to acquire a further foreign citizenship, they will then have to apply for prior permission to retain their South African citizenship. Failing to do so, they will automatically lose their South African citizenship. Source DIRCO

Also important to note:

As a rule, children born to a German and a non-German parent, or to parents with dual nationality, acquire the nationalities of both parents at birth, according to the principle of descent.

Two sections in the South African Citizenship Act is of importance

Section 10 – Deprivation of citizenship in case of children

Whenever the responsible parent of a minor has in terms of the provisions of section 6 or 8 ceased to be a South African citizen, the Minister may, with due regard to the provisions of the Children’s Act, order that such minor, if he or she was born outside the Republic and is under the age of 18 years, shall cease to be a South African citizen.

Section 13 – Resumption of South African citizenship

(2) A minor who has in terms of section 10 or a provision in any of the laws referred to in Schedule 2 ceased to be a South African citizen and who is resident in the Republic or has returned to the Republic for permanent residence therein, may at any time after attaining the age of 18 years make a declaration in the prescribed form stating that he or she wishes to resume South African citizenship, and if the Minister deems it fit, he or she may order that such a declaration be registered, and upon registration thereof, such person shall resume his or her former South African citizenship.

Certificate of Naturalisation

Public Ceremony Requirement: As of June 27, 2024, the Act mandates that the certificate of naturalisation be presented during a public ceremony. This change aims to emphasize the significance of acquiring German citizenship and to celebrate the commitment of new citizens to the nation.
svr-migration.de
A person officially becomes a German citizen once they are issued a certificate of naturalisation (Einbürgerungsurkunde).
Before the certificate is handed over to the foreigner, he or she must make the following solemn statement: “I solemnly declare that I will obey the Basic Law and the laws of the Federal Republic of Germany, and that I will refrain from any activity which might cause it harm
The certificate confirms that all legal requirements for naturalisation have been met.
Citizenship is acquired only after the certificate is handed over.
If the certificate was obtained through fraud or misrepresentation, it can be revoked.

Infromation on the web

Please refer to the following websites for information on German Citizenship and Naturalisation.

Legal basis

Gesetze im Internet (English) or as a PDF file – The translation takes into account the amendment(s) to the law introduced by Article 1 of the Act dated March 22, 2024.
Staatsangehörigkeitsgesetz (StAG)

South Africans in Germany