Many foreign nationals are getting ready to apply for German citizenship now that they don’t need to renounce their citizenship at home. 

But not everyone is able to benefit from this rule change. 

Some countries, including for example India and Austria, have strict rules regarding holding more than one nationality. 

The Indian Embassy in Berlin says: “Under Indian law, persons of Indian Origin, who have acquired foreign citizenship, are required to surrender their Indian passports to the nearest Indian Mission/Post immediately”.

In short, Indian citizens cannot legally obtain an additional nationality. That means they are barred from taking advantage of Germany’s new dual citizenship rules. 

Qualified residents from India can apply for German citizenship and naturalise as German, of course, but it would require renouncing Indian citizenship.

The Local spoke with several Indian citizens and long-term residents in Germany to understand their thoughts on Germany’s citizenship law update, and what their options are.

A step in the right direction ‘does not mean that it works’

Arlene Chang, who lives in Munich, concisely sums up the situation that many Indians in Germany are confronted with now. “It’s better that one country is allowing dual citizenship versus two countries not allowing it,” she said. “But for someone like me it doesn’t make a difference.”

Chang went on to say that if she got German citizenship and India found out, she could be tried in court in India.

The Indian Citizenship Act, which dates back to 1955, does not provide for dual citizenship. The Indian Embassy in Berlin adds: “Holding Indian passport/acquiring Indian passport/ travelling on Indian passport after acquisition of foreign citizenship constitutes an offence under the Indian Passport Act, 1967, and attracts penalties.”

The number of people potentially affected by this dilemma is not insignificant. 

The Indian population in Germany has steadily grown in recent years. With a total population around 246,000 at the end of 2023, according to Destatis, Indians outnumber immigrants coming from a number of Germany’s neighbouring European countries like Hungary, Spain, Austria or France.

READ ALSO: Indians in Germany – Who are they and where do they live?

When is it worth giving up your citizenship?

Gaining a German passport, and the ease of access that comes with holding one of the world’s strongest, is a huge perk of naturalising for almost every immigrant in Germany.

But the red eagle passport may be particularly appealing to Indian nationals, who don’t get easy access to as many countries. 

READ ALSO: German passport applications ‘severely delayed’ over summer

“The Indian passport is one of the weakest passports, so getting a German passport would have really helped with a lot of travel around the world,” Urvashi Yadav told The Local.

Yadav lives in Berlin with her German husband and two kids. Asked if it’s a burden having a different passport than her spouse and children, she said that on the contrary, she sees it as a positive.

“Because I have an Indian passport my kids have easier access to India,” she said. “For example during Covid, only Indian citizens were able to travel but my kids and husband were also able to come because they were family members.”

In her mind, the best option would be that all of her family would be allowed to hold both German and Indian passports: “The world is getting smaller, people are travelling to all different parts of the world…I think it really helps if everyone has a similar playing field.”

But for Yadav, giving up her Indian citizenship is a non-starter. 

“I have a very strong opinion about not giving up my Indian passport. It’s something that connects me to my country and means a lot to me,” she said, adding, “It’s deeper than just a document. It stands for the values of where you come from, the sense of belonging and culture.”

What is the Overseas Citizen of India (OCI) card?

Indians that would like to naturalise as German do have one option that allows them to maintain access to their motherland.

The OCI card, sometimes called the forever visa, is designed to allow former Indian citizens to travel and reside freely in India after they have renounced their citizenship and naturalised overseas. OCI card holders have almost all the same rights as citizens in India with the exception of voting and buying agricultural land.

“With the OCI, I could still be a part of India and also part of Germany,” Aniket Parihar told The Local.

Parihar maintains permanent residency in Germany and does freelance work as a product manager and writer.

For Parihar, the OCI would allow him to maintain his connections to people in both countries, which is important for him. 

“My hindering factor is my family,” he explained about his concerns about renouncing Indian citizenship. He currently spends about half of each year with his family in India, and the other half of the year in Germany.

With a German passport and an OCI card, however, he could continue to do so. 

He added that he’s currently in a grey zone on the decision, “But at this point I’m more bent on citizenship…I want to start the process and give it a try.”

Of course, there are still a number of challenges involved with gaining citizenship in Germany, even after the decision has been made.

First up for Parihar, along with so many others, is taking the time to better learn the German language. 

READ ALSO: CHECKLIST – What do I need to apply for German citizenship under the new law?

More information about the OCI card and who is eligible, is available on the Embassy to India’s website.

Certain exceptions may allow individuals to keep both Indian and German nationalities. Contact an immigration lawyer if you have questions about a specific case.

Reporting by Rachel Stern.