How are double passes issued
Facts and legal texts on dual citizenship
Hardly any other topic is currently discussed as hotly in the media and in politics as dual citizenship. In 2014, the CDU and the SPD jointly decided that children who were born in Germany and have foreign parents and who meet the requirements no longer have to choose a home country. A double pass was issued here, which guaranteed the children both German and Turkish, American or Russian citizenship.
Definition of dual citizenship
Dual citizenship is a piece of legislation that does not give children born in Germany to immigrant parents a choice. For example, if the parents are of Turkish origin and the child was born in Germany, they can claim dual citizenship and are both German and Turkish citizens. This means that once the child has opted for the double passport, they will have two passports and thus the right to vote in two countries. With regard to compliance with laws and regulations, the rules of the country in which a citizen with a double pass is currently staying apply.
Who can claim dual citizenship?
As a rule, the double pass is based on naturalization according to the principle of descent. If one parent is German and the other parent is of foreign origin, the child receives the right to multiple nationality and the associated two passports. A decision does not have to be made in this case, which means that no application has to be made. Naturalization based on the place of birth does not provide for permanent dual citizenship. In this case, a child must choose citizenship when they reach the age of 18, but no later than the age of 23. Legislators do not provide for a double pass according to entitlement and are therefore only possible in exceptional cases. If you want to claim dual citizenship because you live and work in Germany, you have a good chance if your original home country does not consent to the surrender of citizenship. Recognized refugees also have the option of applying for a double passport and not having to give up their original citizenship when deciding to live in Germany.
Legal basis for the double pass
By the year 2000 the legal situation was clear as the law relied on the blood law of 1013. Anyone who had a German parent was German. Anyone who lived in Germany for at least 15 years could also apply for a passport. With the change of the naturalization law in 2000, the 15-year stay was shortened and a naturalization test was scheduled, which had to prove sufficient knowledge of German. In order to obtain the German passport, the original citizenship had to be given up. Another change in the law in 2014 gave children born in Germany to foreign parents the option of not having to choose a nationality. With the double pass, you are both German and you belong to the country your parents come from. Almost 5 million people in Germany live with a double pass. Not only German-Turks, but also German-Russians and German-Americans are included in the statistics and make up a large number of double pass holders. The naturalization test is still a prerequisite for dual citizenship. However, this only applies to immigrants and refugees, not to children born in Germany with foreign ancestors.
Rights and duties of German-foreign citizens
In terms of rights and obligations, the possession of a double pass does not differ from the basic rules that apply to a citizen of the respective country. Even if the double passport is a partial citizenship, holders must comply with German laws and have the same rights as obligations that apply to German citizens of purely German origin. This includes compulsory schooling, tax and registration, but also the right to a daycare center, the right to state support in financial emergencies and Hartz 4 in the event of long-term unemployment. The respective rights and obligations in the second home country depend on the government and legal situation there. In Germany, compulsory military service was abolished and service in the Bundeswehr was made a voluntary option. The situation is different in other countries, which means that young men with dual citizenship should not only keep an eye on the German laws, but also on the laws of the other state in which they belong.
The current state of affairs: The opinion of politics
Chancellor Merkel spoke about a change that should be implemented in the current legislative period. But, as is so often the case, this time too, politics lacks a practicable concept and thus a decision that shows a clear guideline and speaks for or for multiple statehood. Since the latest uprisings in Turkey there has been a lively need for discussion and politicians are divided on how to react to the election of partially German citizens. Even if there is currently no clear position, the double pass is shaken and it remains to be seen when the multiple statehood will be overturned and transformed into a decision at the age of majority. Politicians disagree with one another and there is also a lack of structure in the event of the one-two-way pass being abolished. Who is entitled and what about the numerous multi-nationals who respect the Basic Law and live here?
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