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GERMAN CITIZENSHIP

When can your German citizenship be revoked?

If you’re planning to apply for citizenship, you may be wondering if the German passport is something that could ever be revoked after you get it. Here are the few conditions which could lead to someone losing their citizenship.

A German passport
A German passport and naturalisation certificate. Photo: picture alliance/dpa | Fernando Gutierrez-Juarez

In rare cases, German citizenship can be revoked by the relevant authorities for committing a serious crime.

Additionally, there is a 10 year period after you’ve gained citizenship when it can still be revoked if the authorities learn that you lied on your application.

Reasons German citizenship can be forfeited 

It’s worth noting up top that generally German citizenship can only be revoked if doing so doesn’t result in a person becoming stateless. 

So authorities can revoke dual citizens’ claim to German citizenship, but cannot readily do so for people who only have claim to German citizenship (and no other nationalities) at the time.

Apart from renouncing German citizenship, your claim to a German passport can be forfeited if you:

  • Are adopted by a foreign citizen
  • Join the armed forces of another nation without the consent of the German authorities 
  • Acquire citizenship in another country without first applying for the retention of your German citizenship at the Naturalisation Office (or after your application for retention was rejected)

Note that until the new citizenship law comes into force on June 27th, 2024, gaining citizenship from another country will also generally lead to the loss of German citizenship (unless there is an exception) 

For more information about why you might renounce your citizenship, or exceptions to the foreign military exclusion rule, see this explainer.

Can my citizenship be withdrawn for committing crimes?

Dr. Sonja Kock, press officer for Federal Ministry of the Interior and Community (BMI), confirmed to The Local that “A ‘revocation’ of German citizenship by an official decision…because of a criminal conviction” is not permitted in basic law.

Kock added that the Nationality Act only recognises the loss of citizenship under the very narrow requirements, such as those listed above.

The information provided by the BMI confirms what Licensed Specialist Attorney for Immigration Law, Sven Hasse, told The Local when he was asked if foreign nationals could lose their German citizenship for committing crimes. 

Hasse noted that the reasons for revoking someone’s citizenship in Germany are defined in sections 28 and 35 of Germany’s Nationality Act.

A British and German passport.

A British and German passport. Photo: picture alliance/dpa | Britta Pedersen

According to section 28 of the Nationality Act, anyone who “participates in combat operations of a terrorist group abroad”, loses his or her citizenship unless they would become stateless.

Additionally, according to section 35 of the Nationality Act, an unlawful naturalisation can be withdrawn for up to 10 years after someone becomes a citizen. In other words, if you lie on your citizenship application, your citizenship can be cancelled within the next 10 years if the authorities find out.

In this case, the law notes that “the withdrawal shall take effect for the past”. So not only is your citizenship revoked, but from a legal viewpoint it is as if you have never been a German citizen.

The law also clarifies that when fraudulent naturalisation applications are found, “an independent discretionary decision shall be made for each person concerned…” The authorities should consider the potential involvement of third parties, or any threats or bribery involved in the case. So if someone filled out a misleading application under duress, it’s possible that they could be forgiven.

Having a criminal record could be a valid reason to deny a citizenship application – especially for crimes that result in a prison sentence of 90 days or more.

READ ALSO: Which criminal offences could get you barred from German citizenship?

But once you’ve successfully naturalised, your citizenship cannot be legally revoked for committing a crime, beside the specific crimes mentioned above. 

You would, of course, be subject to punishment as it is applied in German law.

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Is it legal to grow cannabis in a German allotment garden?

Germans love their Kleingärten - or allotment gardens. Now that cannabis has been partially legalised in Germany, some people are wondering if it is legal to grow weed there. Here's what you need to know.

Is it legal to grow cannabis in a German allotment garden?

Germany changed the law around cannabis on April 1st. 

Under the first step, adults over 18 are now allowed to carry 25 grams of dried cannabis and cultivate up to three marijuana plants. 

Many people in Germany have an allotment garden – known as Kleingarten or Schrebergarten. This is a plot of land that city-dwellers can rent out to use as their own garden. They can grow various things there like flowers and vegetables. 

There are over 900,000 throughout the country, and the Federal Association of German Garden Friends estimate around five million people use a Kleingarten.

READ ALSO: How to get a Kleingarten in Germany

So is it possible to grow cannabis there?

As always when it comes to Germany, the laws are tricky to clarify but in general the answer is: no. According to the German Health Ministry, cultivating marijuana plants in allotment gardens is generally not permitted – because growing cannabis is only legal ‘at someone’s place of residence’ under the new law. 

A ministry spokesperson told DPA that cultivation in allotment gardens would only be legal on the condition that the person growing the cannabis is resident there.

“This is not usually the case,” said the spokesperson, referring to the Federal Allotment Garden Act which does not allow people to have homes at their allotment. 

It is regulated by law that an arbour or shed in an allotment garden is not suitable for permanent residence. “In addition, the legislator expressly rejected the conversion of arbours into small private homes in the procedure for the Federal Allotment Garden Act,” said the ministry spokesperson.

There is one exception, however. 

It applies within the framework of the protection of existing rights if the owner of an allotment garden already lived there or used the allotment as a residence before the Federal Allotment Garden Act came into force more than 40 years ago.

“The rights of an allotment gardener to use his allotment garden for residential purposes remain in force if they existed when the Federal Allotment Garden Act came into force on April 1st 1983 and no other regulations prevent residential use.”

Someone holds part of a cannabis plant

Cannabis is partially legalised in Germany. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

The German Hemp Federation had been questioning whether cultivation at allotments was allowed, and said they believed it was under the law. 

The federation pointed out that the text of the law states that adults can grow up to three cannabis plants “at their place of residence or habitual abode”.

But that the explanatory notes go on to say: “Private cultivation is the cultivation of cannabis in the private home. The term ‘dwelling’ within the meaning of this law includes all premises dedicated to private residential purposes, including gardens, allotments, weekend houses, holiday homes, etc.”

For this reason there has been confusion – but the Health Ministry has tried to clarify this by pointing out the various laws and the exception regarding allotments. 

Can you smoke cannabis at an allotment garden?

So people cannot cultivate cannabis at their Kleingarten – but can they legally smoke it?

The answer is yes – as long as the person in question is an adult and the garden is not near a school or similar facility. 

Under the new law, cannabis will remain banned for under-18s and within 100 metres of schools, kindergartens and playgrounds.

As the next step in the legal reform, from July 1st it will be possible to legally obtain weed through “cannabis clubs” in the country.

These regulated associations will be allowed to have up to 500 members each, and will be able to distribute up to 50 grams of cannabis per person per month.

However, given that the cannabis law was passed at short notice on April 1st, it is unclear how many of these clubs will be established in time for July. 

READ ALSO: What to know about Germany’s partial legalisation of cannabis

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