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Brazilian-British applying for a German citizenship?

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juso73
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Joined: Sun Dec 06, 2009 8:04 pm

Brazilian-British applying for a German citizenship?

Post by juso73 » Sat Mar 30, 2013 10:00 pm

I am Brazilian by birth and have recently became a British Citizen as a result of been married to a EU Citizen ”German” and living in UK for many years. We, me and my wife and my daughter are planning to move to Germany. I know that under German law we would need to live in Germany together for 3 years before I can apply for my German citizenship.
We have lived in Germany before many years ago, but just for 2 years; at the time I got my German residence permit on my Brazilian passport the only one that I had at the time. Now. Passport and residence permit obviously expired.
My question is: Would it be possible for me to become a German citizen without loose any of the 2 passports that I current hold? Brazilian and English?
Would make any difference if I would apply again for my residence permit in Germany now with my English passport instead of the Brazilian one? and should I ? We have a daughter, which hold 3 passports: Brazilian, German and English.
I know that I can live in Germany with my English passport but I am wondering what my chances are to keep both as the German law apparently has changed few times about dual citizenship.
Any help would be much appreciated.
Many Thanks

Nebuchadnezzar
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Posts: 2
Joined: Sat Sep 01, 2012 5:31 pm

Re: Brazilian-British applying for a German citizenship?

Post by Nebuchadnezzar » Mon Apr 01, 2013 9:09 am

juso73 wrote:Would it be possible for me to become a German citizen without loose any of the 2 passports that I current hold? Brazilian and English?
Keeping the British passport is no problem since Germany doesn't require EU-Nationals to renounce their citizenship. Brazilian citizenship shouldn't be a problem either since it's not possible to renounce it (see: http://einbuergerung.rlp.de/voraussetzu ... aatigkeit/).
Would make any difference if I would apply again for my residence permit in Germany now with my English passport instead of the Brazilian one? and should I ?
You're free to apply for a residence permit under national law (§28 AufenthG), however it's not really necessary since you're an EU-National.

Bloody-Fox
Junior Member
Posts: 73
Joined: Sat Jan 19, 2013 12:31 pm
Location: Éire

Post by Bloody-Fox » Wed Apr 03, 2013 7:41 pm

As far as I know Germany doesn't allow multiple citizenship.. I had a look into that matter some time ago for my Brazilian wife.. We decided to move to Spain, so she can become Spanish and keep the Brazilian passport rather than to lose it for a German one and having to apply for a visa in case we decided to move back to Brasil...

juso73
Newbie
Posts: 35
Joined: Sun Dec 06, 2009 8:04 pm

Post by juso73 » Thu Apr 04, 2013 9:48 pm

I was told that was not possible to keep my passport as Germany does not accept dual or multiple citzenship but there are always exceptions. My daughter is a good exemple in her case she got multiple nationalities from birth.
I am a bit lost now. However, the link above is from a very reliable place. How can I be sure about this?

Nebuchadnezzar
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Post by Nebuchadnezzar » Sat Apr 06, 2013 10:06 am

1) Germany has no problem with dual/mulitiple nationalities when aquired at birth (just like with your daughter, she can keep them all)

2) Germany does allow multiple citizenship in certain case, it's in section 12 of the nationality act: http://www.bmi.bund.de/SharedDocs/Geset ... cationFile

(1) The condition stipulated in Section 10, sub-section 1, sentence 1, no. 4 shall be waived if the foreigner is unable to give up his or her previous citizenship, or if doing so would entail particularly difficult conditions. This is to be assumed if

1. the law of the foreign state makes no provision for giving up its citizenship,

2. the foreign state regularly refuses to grant release from citizenship,

3. the foreign state has refused to grant release from citizenship for reasons for which the foreigner is not responsible, or attaches unreasonable conditions to release from citizenship or has failed to reach a decision within a reasonable time on the application for release from ci
tizenship which has been submitted in due and complete form,

4. the subsequent multiple nationality represents the sole obstacle to the naturalization of older persons, the process for release from citizenship entails unreasonable difficulties and failure to gr ant naturalization would constitute special hardship,

5. in giving up his or her foreign citizenship the foreigner would incur substantial disadvantages beyond the loss of his or her civic rights, in particular such disadvantages of an economic or property-related nature, or

6. the foreigner holds a travel document in accordance with Article 28 of the Convention relating to the Status of Refugees of 28 July 1951 (Federal Law Gazette 1953 II, p. 559).

(2) The condition stipulated in Section 10, sub-section 1, sentence 1, no. 4 shall further be waived if the foreigner holds the citizenship of another member state of the European Union or Switzerland

I recommend you to visit www.info4alien.de for further questions. It's forum for German migration law.

efm0212
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Joined: Wed Feb 21, 2018 7:54 am
New Zealand

Re: Brazilian-British applying for a German citizenship?

Post by efm0212 » Wed Feb 21, 2018 8:23 am

Hi,

Cognisant this is a really old thread... I'm in a similar-ish situation, and keen to see what the outcome was regarding the German citizenship application.

I'm Brazilian, have a German citizenship by decent and a few years ago got a British citizenship (lived in the UK for 12 years).

So far so good...

Now my German passport expired. I'm applying for a new one and I'm wondering if the German embassy is going to fuss about my 2 other citizenships.

In theory, I fall right into their exceptions: UK is STILL an EU member and the dual Brazilian citizenship was allowed when I first got the German one due to the jus-soli status of the Brazilian one.

thoughts?

Many thanks

mgb
Senior Member
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Joined: Tue Dec 17, 2013 8:28 pm

Re: Brazilian-British applying for a German citizenship?

Post by mgb » Thu Feb 22, 2018 12:51 am

There should be no problem.
You cannot lose the german citizenship if you got a second citizenship by birth.
The UK citizenship is covert from a exemption in german law. You cannot lose the german citizenship if you got the citizenship from a other EU country after around 2006. The Brexit doesn't matter. The status EU country at the time you got the citizenship is that what is counting.

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