The Federal German Government has confirmed the law draft regarding to the dual nationality regulation. The children of foreign parents could benefit from this new regulation of the Citizenship Law now. The new German legislation will come into force on 20.12.2014.
Under the new German Law, children of Turkish families, who live in Germany, will benefit of the dual nationality from the date of 20.12.2014.
Prior the new Citizenship Law, the § 29 par. 1 and par. 2 Stage was applied retroactively, which came into force in 2000. According to the old German Citizenship Law, the dual nationality was granted to children, who were grown up and born in Germany after 1990 for a limited duration up to 23 years under certain conditions, but if no use was made of the “option” rule until 23 years, the German citizenship was automatically dropped. In this regard, according to the old German Citizenship Law, children of foreign origin, who were born in Germany; were required between the age of 18 and 23 to choose the German citizenship or that of their parents. With the new German Citizenship Law, which comes into force on 20.12.2014, children who were born after 1990 and have made their dual nationality application latest on 31.12.2000 and so have already the dual nationality, will be able to maintain the dual nationality without choosing between these. For to benefit of this regulation they must have live the last eight years of their life, up to 21 years, in Germany, be passed six years to school in Germany and also got a German school leaving certificate or a similar education certificate. If the requested evidence is not available, the German competent authorities check whether the person has lived in Germany for eight years at the population register.
The new German Citizenship Law is not retroactive, so that young people, who was born before 1990 do not have this option, they retain the nationality of their parents.
The new regulation of the German Citizenship Law has brought the possibility of retention the dual nationality under certain conditions. Approximately 40,000 young people will benefit of this new regulation. Due to the fact, children who were born before 1990 or have made their dual nationality application later than 31.12.2000 cannot benefit of this new regulation, so the option rule was not removed completely and a relatively large number of Turkish citizens are still disadvantaged.