LEISTNER ATTORNEYS

German Speaking Attorney in Pretoria, South Africa


Determination of German Citizenship


 

Since the end of apartheid, around 6 million people have immigrated to South Africa, although South Africa is not one of the top 10 preferred countries for immigration. Most of the immigrants themselves come from African countries. The total population now stands at approximately 60 million, of which 7.8% or 4.5 million are white. Nevertheless, the uncertainty about South Africa's future due to recurring political and economic turmoil is prompting many South Africans to leave the country or at least to have their citizenship reassessed or verified.

Around 100 000 Germans live in South Africa and a considerable proportion of the population has German roots. However, it is not possible to say exactly how many people of German descent actually live in South Africa, as not all people of German descent have a German citizenship card. Many Germans are descendants of earlier immigrants, many have only one parent of German origin and sometimes their German ancestry goes back generations.

In order to obtain a legally binding German citizenship card, an application for the determination of citizenship must be submitted in all these cases. This also makes it possible to relocate to Germany for a longer period of time or permanently or to immigrate to another EU member state, as well as to work in Germany or another EU member state. Otherwise, the applicable entry requirements under the Schengen Agreement can make a trip to Europe a nerve-wracking obstacle course.

A German citizenship card is issued if German citizenship has been acquired and has not been lost again. The application for German citizenship is sometimes very time-consuming and is strictly controlled by the German authorities, whereby the Citizenship Act of July 22, 1913 is decisive. This was last amended on 27 June 2024 by the Act on the Modernization of Citizenship Law (StARModG). The most recent amendments contained in particular simplifications to the regulations on the existence and acquisition of dual and multiple citizenships. According to the Citizenship Act, German citizenship can be acquired by birth, legitimation, adoption, naturalization or declaration. Whether German citizenship has been acquired is not easy to determine due to various changes in the law, as this depends not only on the year of birth, but also on the marital status of the parents at the time of birth.

In addition to the applicant's own documents - such as birth and marriage certificates and identity papers - the application for German citizenship must also be accompanied by documents from the parents, if German citizenship was acquired by descent, legitimation or adoption from German parents (or one German parent). The documents must be submitted up to the ancestor who possesses or possessed a German citizenship card and has not lost his citizenship, has demonstrably become German (e.g. through naturalization) or has been treated as German by the German authorities. The application for determination of German citizenship may therefore require documents going back a long way. These documents must all be submitted in the original or as officially or notarized copies and usually requested from the relevant authorities and offices for a fee. A fee is also charged for the determination procedure itself.

 


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