Expatica's resident lawyer Csilla Ivanyi answers questions on marriage and citizenship - including one from a man who changed his citizenship four times.

Falling in love is the easy part - now you have to deal with German bureaucracy

Dear Csilla,

My boyfriend, a Russian citizen, has received a job offer with a year-long contract in Germany and is waiting for his visa.  He should be leaving soon. 

We just found out that I'm pregnant.  We want to make sure that I can come out to Germany and live with him and have the baby.  Do we need to get married ASAP?  What are our steps after that?  Does he go to Germany, rent an apartment, and file papers for my visa? 

I have US citizenship; I know that I have the right to come to Germany as a visitor and apply for residence and work permits while already in Germany.  Can I do that in this case, when it's not about a work permit but family reunification?  Please advise, I'm at my wits' end.

Dear Anna,

Since you have US Citizenship you shouldn't worry. You can come anytime to Germany - your stay is fine up to 3 months, as you know already. Within this time you can prepare the marriage and apply for a residence permit for family reunification. If you don't want to marry, you could apply for a residence permit due to the new-born child (not before the birth though!). Without marriage the residential questions are much more complicated.

Please take into consideration that marrying in Germany is a very lengthy procedure - so you should think about marrying in the US or Russia. There is no problem with getting the marriage recognized in Germany, an international treaty obliges the member states to mutually recognize their actions, also regarding marriage. If you nevertheless want to get married in Germany, please turn to a "Standesamt" after entering the country. There they will let you know about the documentation you need to submit.

I hope I could help you,

Best regards,
Csilla Iványi
Attorney-at-law

Peter writes:

I was born a German citizen, and when I was adopted I lost my German citizenship.

I applied for and received my German citizenship back again, in 1986 in Seattle, WA. while still being also an American citizen. I went to work in Germany back in the eighties as a German/American citizen.

While in Germany I renounced my American citizenship. But in the nineties my wife wanted to go back to the USA (she is an American) so we did. After I got here she asked me to get my US citizenship back, because she had no intention of going back with me to Germany again. I complied with her wishes. Then a bit later she divorced me.

My question is I have two passports, US and DE: when I got my American citizenship back, did they notify Germany as to that fact? Or do they not do that?

I would like to go back to Germany and live there permanently - I have been offered a position. Before I accept the offer and move there, I would like to know that I'm still a German citizen or does Germany know I received my US citizenship again?

Thank you, I appreciate your time and effort.

Dear Peter,

Usually US authorities do not notify the German authorities about naturalization procedures they carry out, but I wouldn't be surprised if they have lately introduced procedures to exchange such information. But anyway, this would make no difference, because according to German law one loses his/her German nationality by law and not by procedural act of an authority if he or she successfully applies for another nationality.

In your case it's not possible to tell whether you still have German citizenship or not, because I don't know the exact dates of your actions. The law has been changed during the past years, and it's necessary to check when you applied for the American nationality and when you received it. So if you need reliable information, I would recommend that you contact me or another specialised lawyer and give detailed information about all steps you have undertaken in this matter.

Best regards,

Csilla Iványi
Attorney-at-law

Vanitha writes:

I am a South African citizen and have been seconded to work in the Munich office for two years. I have been granted a work permit by the German authorities in Munich and I have also been issued with a Visa in SA to travel to Munich. I will be starting my new job in May 2006.

My 18 year old son has however been refused a visa by the German Embassy in SA with the reason "He is over 18 and is no longer considered to be dependent on the parent."

I am a divorced parent and will have to also get my son over to Munich, since my son  is still financially dependent on me.

Any ideas on how to re-approach the authorities in SA to have his visa approved ?

Regards
Vanitha

Dear Vanitha,

I'm sorry to say, but the law is quite strict when it comes to allowing children to accompany their parents to come to Germany. As the Embassy said: children over 18 are not considered to be dependant on the parents anymore - at least not physically. Of course most children still get financial support, but this is something they can get via a bank account.

What you could try though is to get a student visa for your son in order to let him study here. There are also various exchange programs by international organisations, so there still are a few possibilities to let him come with you or at least to join you later .

Regards,
Csilla

Haroon writes:

Hi Csilla,

My name is Haroon from India, I have a German girlfriend. We are planning to get married at the end of this year. There is very little information on the embassy website regarding marriage visas. How can we speed up the process for the visa? I was quite shocked to hear that it can take at least one year, is that true? What are the legalities involved? I would very much appreciate any information on this matter.

Thank you very much.

Dear Haroon,

In my experience those visa procedures take a lot of time, but usually not more than 6 months if your wife is German (or an EU citizen) and all the documents are okay. If you marry in India, you have to get the marriage certificate legalized by the embassy, which means that they investigate whether it is a valid document. It is helpful to have your wife accompany you to the embassy when you apply for the visa, because then the consulate staff can immediately pose questions if they have any doubts regarding your relationship. Later your wife has to go to the local authority in Germany to once again confirm that she wants you to come.

Best regards,
Csilla Iványi
Attorney-at-law

Linda writes:

I'm a Canadian, if I marry a German and live in Germany do I have the right to become a German citizen and if so how long does it take and how long do we/I have to live in Germany. Do I lose the Canadian citizenship or can I have both?

Thank you for your prompt reply, much appreciated.

Dear Linda,

Marriage to a German gives you the right to live and work here without any restriction. You can apply for German citizenship after three years of living here together with your German spouse. You would have to give up your Canadian citizenship though. There are only very few exceptions the German government accepts, for instance if you lose property or a job in your home country by giving up your former nationality.

Best regards,

Csilla Iványi
Attorney-at-law

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9 May 2006

Send a question to Csilla Iványi at germany@expatica.com

This article contains information of a general nature and should not be considered as legal advice.

Although the greatest care has been taken in drafting this article, it is possible that certain information may have become outdated or inaccurate since its publication.

Copyright Expatica 2006

Subject: Life in Germany, legal advice, ask our lawyer