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-   -   German Citizenship query (https://britishexpats.com/forum/germany-134/german-citizenship-query-890298/)

rsbhj Jan 18th 2017 2:26 pm

German Citizenship query
 
I am looking to see if I can obtain German citizenship through my mother via my grandfather.

My grandfather was born in 1922 in what was East Germany. He later moved to Britain where he met my grandmother and married, then they both went to Canada and returned to the UK. He was naturalised in 1974 (British Citizen). He later died in 1977

My mother was born 1952 during my grandparents time in Canada and holds Canadian and British citizenship, as she was a minor in 1969 she wasn’t naturalised but obtained British Citizenship then.

I hold British citizenship from birth and I obtained Canadian citizenship a few years ago through descent of my mother.

Firstly can my mother claim her German citizenship through her father?

Secondly if the above answer is yes, can I claim this through my mother?


The below statements I found are suggesting my mother is, but as my grandfather was naturlised does the below still apply.

Children born in wedlock between Jan. 1, 1914 and Dec. 31, 1974, acquired German citizenship only if the father was a German citizen at the time of their birth.

The below statement would then suggest I am if the above applies.

Children born in wedlock after Jan. 1, 1975, acquired German citizenship if one of the parents was a German citizen at the time of their birth.

scrubbedexpat0105 Jan 19th 2017 10:44 am

Re: German Citizenship query
 
My comments below concern the situation in the period relevant to your case between 1913 and 2000 (the legislation has changed quite considerably since then)

German citizenship is passed on primarily by descent, up to 31 December 1974 (usually) only by the father and from 1 January 1975 by either parent, as you've already established.

Once you've obtained it, it's quite difficult to lose it. The main reason for losing it is applying for and obtaining the citizenship of another country. You don't normally lose it though by acquiring the citizenship of another country automatically at birth.

Consequently, the main obstacles to you asserting your German citizenship would be:

- If your grandfather applied for Canadian citizenship before your mother's birth.
- If your mother applied for British citizenship before your birth wnen her family returned to the UK (as opposed to acquiring it automatically at birth by descent from your grandmother). This could be the case if, for example, your grandmother had renounced British citizenship before your mother's birth in order to become a Canadian citizen, and then re-applied for British citizenship after her return.
- If you applied for Canadian citizenship, as opposed to acquiring it automatically at birth.

That's my understanding of the situation; your next step is to contact the German embassy.

rsbhj Jan 19th 2017 11:59 am

Re: German Citizenship query
 

Originally Posted by Watchpost (Post 12155827)
My comments below concern the situation in the period relevant to your case between 1913 and 2000 (the legislation has changed quite considerably since then)

German citizenship is passed on primarily by descent, up to 31 December 1974 (usually) only by the father and from 1 January 1975 by either parent, as you've already established.

Once you've obtained it, it's quite difficult to lose it. The main reason for losing it is applying for and obtaining the citizenship of another country. You don't normally lose it though by acquiring the citizenship of another country automatically at birth.

Consequently, the main obstacles to you asserting your German citizenship would be:

- If your grandfather applied for Canadian citizenship before your mother's birth.
- If your mother applied for British citizenship before your birth wnen her family returned to the UK (as opposed to acquiring it automatically at birth by descent from your grandmother). This could be the case if, for example, your grandmother had renounced British citizenship before your mother's birth in order to become a Canadian citizen, and then re-applied for British citizenship after her return.
- If you applied for Canadian citizenship, as opposed to acquiring it automatically at birth.

That's my understanding of the situation; your next step is to contact the German embassy.

Hi

Thanks for the info these were some concerns of mines also.

The way I see it, but just not sure if anything will get in the way when applying now rather than years ago at the time.

So my grandfather is German citizen by birth, and my mother at the time of her birth would be also entitled to this through her father, but as he gave this up to become a British citizen does this stop my mother applying now.


My grandfather never had Canadian citizenship
My grandmother also never had Canadian citizenship, she has only had British.
I applied for Canadian citizenship through decent a few years ago (via my mother)

BritInParis Jan 19th 2017 12:37 pm

Re: German Citizenship query
 
I'll give a longer response this evening but one preliminary question to the OP: was your grandfather Jewish?

rsbhj Jan 19th 2017 5:22 pm

Re: German Citizenship query
 

Originally Posted by BritInParis (Post 12155941)
I'll give a longer response this evening but one preliminary question to the OP: was your grandfather Jewish?


Hi

No he wasnt Jewish

BritInParis Jan 20th 2017 11:15 pm

Re: German Citizenship query
 

Originally Posted by rsbhj (Post 12156149)
Hi

No he wasnt Jewish

Also, which year were you born?

rsbhj Jan 21st 2017 12:06 pm

Re: German Citizenship query
 

Originally Posted by BritInParis (Post 12157265)
Also, which year were you born?

1982

BritInParis Jan 21st 2017 12:28 pm

Re: German Citizenship query
 
Do you have your mother's Certificate of Registration as a Citizen of the United Kingdom and Colonies? I see that as being the only potential hiccup.

rsbhj Jan 21st 2017 3:55 pm

Re: German Citizenship query
 

Originally Posted by BritInParis (Post 12157557)
Do you have your mother's Certificate of Registration as a Citizen of the United Kingdom and Colonies? I see that as being the only potential hiccup.

Yes I have that document

BritInParis Jan 21st 2017 7:59 pm

Re: German Citizenship query
 
I would opined then your mother is a German citizen by descent through her father as he was a sole German citizen when she was born and didn't acquire British citizenship which is likely to have caused him to lose his German citizenship until after she was an adult.

Your mother did acquire British citizenship after birth but as a minor and therefore this is unlikely to be treated as voluntary acquisition. As she was a German citizen at the time of your birth in 1982 then you would also have acquired German citizenship by descent at birth.

Both your British (birth) and Canadian (descent) citizenship was obtained automatically so your actions so far won't have threatened your German citizenship.

rsbhj Jan 23rd 2017 9:15 am

Re: German Citizenship query
 

Originally Posted by BritInParis (Post 12157840)
I would opined then your mother is a German citizen by descent through her father as he was a sole German citizen when she was born and didn't acquire British citizenship which is likely to have caused him to lose his German citizenship until after she was an adult.

Your mother did acquire British citizenship after birth but as a minor and therefore this is unlikely to be treated as voluntary acquisition. As she was a German citizen at the time of your birth in 1982 then you would also have acquired German citizenship by descent at birth.

Both your British (birth) and Canadian (descent) citizenship was obtained automatically so your actions so far won't have threatened your German citizenship.

Thanks for your advise, my mother is going to make an appointment to check things officially


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