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Marriage to German Citizen, but living abroad - Citizenship?

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dsab85
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Marriage to German Citizen, but living abroad - Citizenship?

Post by dsab85 » Mon Dec 17, 2007 11:14 am

Hi,

I am a German Citizen married to a non-EU citizen. We are currently living outside Germany (and I have been for the last 7 years), but intend to go back at some point (at latest when we have a kid).

Is it possible for my wife to acquire german citizenship (at some point in the future) based on our marriage, even though we are not residing in germany?

cheers,
dsab85

sakura
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Re: Marriage to German Citizen, but living abroad - Citizens

Post by sakura » Mon Dec 17, 2007 11:32 am

dsab85 wrote:Hi,

I am a German Citizen married to a non-EU citizen. We are currently living outside Germany (and I have been for the last 7 years), but intend to go back at some point (at latest when we have a kid).

Is it possible for my wife to acquire german citizenship (at some point in the future) based on our marriage, even though we are not residing in germany?

cheers,
dsab85
What country are you residing and what is your wife's nationality?

It states here: http://www.auswaertiges-amt.de/diplo/en ... sland.html it may be possible, based on some conditions, such as language competence in German. You'd need to contact the embassy or mission in the country where you reside.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Dec 18, 2007 5:55 am

I think it is pretty rare to be able to get citizenship based on marriage alone. Italy does it in some cases.

Germany is also difficult because if you acquire German citizenship you have to give up your other citizenship(s).

dsab85
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Post by dsab85 » Tue Dec 18, 2007 7:32 am

Thanks for the answers.

You don't (necessarily) have to give up your other citizenship when taking on german citizenship. You can apply for an excemption, which is in fact not too difficult. AFAIK that's the case for germans who take on another citizenship and for foreigners who take on German citizenship.

Reasons might be binding ties to the other country or if you incur financial disadvantages by giving up your old citizenship. As my wife couldn't inherit or own land in her country she would be allowed to keep her citizenship and take on german citizenship.

Marco 72
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Post by Marco 72 » Fri Dec 21, 2007 8:06 pm

Directive/2004/38/EC wrote:I think it is pretty rare to be able to get citizenship based on marriage alone. Italy does it in some cases.
The US does it too, in some circumstances. For example I could apply for US citizenship through my wife, even though we live in London.

For Italy you need to be married to an Italian national for at least 3 years before applying for naturalisation, if living outside Italy.

I have no idea at all what happens with Germany. I searched the web but came up with no useful info at all. It seems like the rules are so complicated they won't even attempt to describe them...

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Post by Directive/2004/38/EC » Sat Dec 22, 2007 5:49 am

Marco 72 wrote:The US does it too, in some circumstances. For example I could apply for US citizenship through my wife, even though we live in London.
I have never heard this before. Do you know any web references ti this?

Marco 72
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Post by Marco 72 » Sat Dec 22, 2007 10:21 am

Marco 72 wrote:I have no idea at all what happens with Germany. I searched the web but came up with no useful info at all. It seems like the rules are so complicated they won't even attempt to describe them...
I've had another look, and found this page with some useful info. Apparently the requirements are very high but it can be done. It might perhaps be a good idea to contact a German immigration/nationality attorney for more information.

yankeegirl
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Post by yankeegirl » Sat Dec 22, 2007 10:26 am

The US does it too, in some circumstances. For example I could apply for US citizenship through my wife, even though we live in London.
I'd love to know this as well. I was always under assumption that for my husband to acquire US citizenship, we would have to move to the US and live there for the qualifying time period.

Marco 72
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Post by Marco 72 » Sat Dec 22, 2007 11:00 am

Directive/2004/38/EC wrote:
Marco 72 wrote:The US does it too, in some circumstances. For example I could apply for US citizenship through my wife, even though we live in London.
I have never heard this before. Do you know any web references ti this?
It's called "expeditious naturalization" and only applies if the American spouse works for the US government, the US military or some companies, institutions or organisations with ties to the US. See here, here or here. Basically you apply for an immigrant visa, then you file an application for naturalization, specifying in a cover letter that you are applying under section 319(b) of the Immigration and Nationality Act. When you get your immigrant visa you take a trip to the US to get it stamped (and become a legal permanent resident), and go back to your country of residence. Then you wait to be called for an interview, which will take place in the US. If you pass the interview, a naturalization ceremony follows one or two days later.

To qualify your spouse must have at least one year left with his/her current employer abroad, and you must show that you will leave the US within 45 days of becoming a citizen. You will also be required to obtain a US passport before leaving the country.

yankeegirl
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Post by yankeegirl » Sat Dec 22, 2007 1:43 pm

Thanks for that Marco. It won't work for us, but still really interesting to know.

Marco 72
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Post by Marco 72 » Mon Dec 24, 2007 6:04 pm

yankeegirl wrote:Thanks for that Marco. It won't work for us, but still really interesting to know.
It's always a possibility to keep in mind in case you were to find a job with a US company (or even a company with 51% of the shares in US hands).

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