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Reader question: Can Ukrainians get dual nationality in Germany?

Most non-EU citizens who want to become naturalised German citizens have to give up their existing passport first. Do the same rules apply to Ukrainians?

Ukrainian passport
A Ukrainian citizen holds their passport in the queue for asylum support in Germany. Photo: picture alliance/dpa | Jens Büttner

Before Russia’s invasion of Ukraine, people with Ukrainian citizenship were treated much like most other third-country nationals: according to Germany’s strict rules on dual nationality, the vast majority were asked to give up their existing passport before naturalising as a German.

However, the outbreak of war on Ukrainian soil has complicated matters significantly. 

Firstly, the majority of Ukrainians who have come to Germany over the past year have arrived as refugees. At the latest count, almost a million refugees had travelled to Germany from Ukraine in 2022 – though some of these may now have returned home.

German immigration law specifies a number of exceptions to the dual nationality ban. One of these stipulates that asylum seekers can keep their existing nationality if they choose to naturalise in Germany. That means that Ukrainian refugees would automatically qualify for dual nationality – as long as they meet other requirements for citizenship, such as at least six years of continued residency and B1 German language skills.

READ ALSO: German citizenship: Can people who apply before the law changes get dual nationality?

Most recently, however, the Interior Ministry passed a further significant change to the law. On September 6th, the ministry agreed to waive the requirement to give up previous nationalities for Ukrainian citizens applying for a German passport. This change applies to all Ukrainians who fit the requirements for citizenship – not just refugees.

The reasoning behind the change is that the government assumes that, given the current conflict, it’s likely to be impossible for Ukrainians to give up their citizenship.

Understandably at a time of war, numerous aspects of everyday bureaucracy have been put on hold in Ukraine. That means that applications to renounce Ukrainian citizenships are currently not being processed at all.

In situations like these, where an application to give up a previous citizenship is not likely to be granted – or is likely to be refused – Germany has another exception in place. In such cases, citizenship offices are required to allow the applicant to become a naturalised German without requiring them to dispense with their previous nationality. 

When is the best time to apply?

According to the Interior Ministry, the relaxed rules for Ukrainians will only apply as long as the conflict continues. That means that, if the situation stabilises and authorities begin processing applications to renounce citizenship again, Germany may well decide to tighten up its rules once more.

That means that it could be advisable for Ukrainians who are eligible to apply for German citizenship to submit their application as soon as possible.

However, it’s also worth mentioning that the government is currently planning to relax the dual nationality rules across the board.

Though it’s unclear when this will take place, it is believed to be a priority project for the SPD-led Interior Ministry, which could mean that citizenship rules are liberalised within a matter of months.

That would mean that everyone could be entitled to hold multiple nationalities in Germany, regardless of their original citizenship.

For more information on the upcoming changes to dual nationality and citizenship rules, see our explainers below: 

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GERMAN CITIZENSHIP

Does hiring a lawyer speed up your German citizenship application?

Contracting a lawyer to help you with your German citizenship application isn't likely to help you get an appointment faster. But it may help you in other ways, particularly if your citizenship authority starts ghosting you.

Does hiring a lawyer speed up your German citizenship application?

With the German naturalisation law reform set to come into force on June 26th, many foreign residents in Germany are considering applying. One question that readers have asked The Local is: Will contracting a lawyer with good contacts within citizenship and immigration authorities speed up your German citizenship application?

READ ALSO: Elation and worry as German citizenship law passes final hurdle

Strictly speaking, no. That in and of itself won’t do it – according to legal experts The Local has spoken to.

Immigration lawyers Andreas Moser and Sven Hasse both say the best way to increase your application’s chances of speedy approval is to make sure the application is complete and well-organised. Moser recommends that paper applications are filed with an index of documents and that files submitted with electronic applications are neatly scanned and clearly labelled.

“I’ve had clients who’ve done it like that and they sometimes get their citizenship – even in busy offices like Munich – in three months,” says Moser. “The most important thing is to only apply when you’ve met all the conditions, have all the paperwork, and you can present it in one folder.”

You may wish to have a lawyer go over your documents to help ensure that neat application – or even perhaps to draft a cover letter anticipating and answering any questions the authorities might have.

Such explanations might be to detail a short break in your income, or address why your children might have a different last name to you if they’re included in your application.

However, having a lawyer to help you do this isn’t necessary in many cases. Moser also advises that it’s unlikely to save you any time versus simply doing the application yourself, as your lawyer will have to go through all the application details with you anyway – and it can be costly.

READ ALSO: How to get a speedy response on your German citizenship application

When should I definitely consider a lawyer?

Moser’s recommendation, in most cases at least, is to consider a lawyer only once it’s clear that the authorities aren’t considering your neat and complete application in a timely manner and you want to challenge them.

Normally, this shouldn’t be until at least three months have passed without word on the status of your application. At that point you can threaten a complaint through the administrative court. Such a complaint is known as an Untätigkeitsklage and you can draft a letter to the citizenship authority yourself stating that if it does not act on your application, you will file the complaint. You can also ask a lawyer to help you with this threat letter.

Moser says that much of the time, this threat letter works – and the applicant will rarely have to actually file the Untätigkeitsklage. If you do choose to file it though, it’s at this point that Moser advises you seek out a lawyer to draft and file the complaint on your behalf. This process costs €500 in court fees and more in legal fees, although if the court finds in your favour – the authority then has to send this money back to you.

Finally, both Hasse and Moser say you should consider legal advice if your case is complicated. This might include a previous criminal conviction carrying a sentence of slightly more than 90 days, or for uncertain or interrupted periods of residence. This could include people who’ve travelled to their home countries for an extended period of time to look after ailing relatives or employees of German companies who’ve been posted outside of Germany for an extended period of time due to their jobs.

READ ALSO: When to consider legal action for your German citizenship application

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