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german citizenship by marriage living abroad

It is the department of justice of the Land where one of the spouses has his/her habitual abode that has jurisdiction. Thus, the ability of the U.S. Embassy and consulates to provide assistance to an American-German dual national in Germany may be limited. Please note that the German mission can only obtain notarial, court or other documents for you if you cannot reasonably obtain them yourself, either in person or through any local private services. 2201/2003 of 27 November 2003) does not however prevent you from seeking a court order on the recognition or non-recognition of a foreign judgement, if you have an interest in so doing. The application to get married must initially be filed with the registry office in the district in Germany where one of the couple resides. This site uses cookies in order to provide you with the best possible service. In accordance with the general principles of constitutional and international law, court judgements and similar sovereign acts only have direct legal effect within the territory of the state in which they were passed or performed. Regulated by the Office of the Immigration Services Commissioner (OISC), reference number F201300772 A number of standard international procedures have been developed for this purpose. For addresses of foreign missions in Germany click here: Foreign Missions in Germany (available only in German). This preliminary issue must be determined by the agency responsible at its own discretion. These rules have changed over time and are affected by a number of factors. There is no special procedure or authority empowered solely to recognize marriages entered into abroad. Consular officials at German missions (Embassies and Consulates-General) no longer solemnize marriages. You can apply for naturalization via marriage after three years of living in the country (and at least two of those being married). Rule of thumb: If you were born in Germany prior to January 1, 2000, neither of your parents was German at the time of your birth, nor did they apply for your German citizenship, then you are not German. Coronavirus and entry restrictions: 6 things travellers to Germany need to know, Recognition of foreign marriage certificates, Procuring divorce decrees, marriage certificates and other documents from abroad, “International Recognition/Legalization of documents”, Council Regulation (EC) No 2201/2003 (Brussels IIa), Foreign public documents for use in Germany. However, as a fully fledged German citizen, you can also be called up one to act as a lay judge or electoral assistant. change of name, application to start a family book at a domestic registry, change of entry on one's tax card, etc). If neither of the couple is resident in Germany, the application must be filed with the registry office were the marriage should take place. In addition both the bride and groom must meet all legal capacity requirements for marriage under the law of their home states (they must for example be single, over a minimum age and not too closely related to one another). Please enter your complete search term. If you are a non-EU citizen married to an EU citizen, you can join your spouse in the EU country where they live. For matrimonial matters in EU states (other than Denmark), it is no longer the nationality of the spouses that is relevant but their place of permanent residence. As previously mentioned, same-sex marriage became legal in Germany in October 2017. These rules have changed over time and are affected by a number of factors. Insofar as there is a particular legal interest in having a divorce recognized, formal recognition may be applied for. For further advice on these matters please consult a specialist lawyer. registration number A1028939, To discuss an assessment of your claim to German citizenship, call, © Copyright 2017 Passportia. Recognition is only undertaken upon application. It is thus not possible to enter into a new marriage in Germany before the divorce has been recognized, as it would be bigamous. All Rights Reserved. If the divorce was decreed by a court or authority of the state whose sole nationality the parties had at that date, and neither of them was subject to an alternative civil status regime (e.g. The question of which law the German court is to apply in the divorce hearing (German or foreign law) is settled in accordance with the provisions of European/German private international law (cf. If the divorce is being obtained abroad, the foreign court will apply its country's private international law in order to determine which law is to be used in the divorce proceedings. 9am – 6pm UK time (GMT) Nor are any special proceedings now required for amending German civil status records, provided the judgement is absolute and final and not subject to any appeals in the Member State in which it was passed. As most immigrants from Germany were affected by this automatic loss of German citizenship, it is usually not possible to base a claim to German citizenship on ancestors who immigrated to the United States before 1904. Certifications, Notarizations and Apostille, German-US Relations and International Politics, Jewish Life in Modern Germany and Historic Responsibility. Please enter your complete search term. European courts will apply EU regulation 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal Separation. Naturally, Germany has strong ties to Europe, and is core a member of the EU. Acquisition of German citizenship: Prior to April 1953: A foreign woman acquired the German citizenship through marriage to a German citizen husband. Only if both spouses have German nationality can they choose to pursue their case before the German courts, regardless of where they are resident (Council Regulation (EC) No 2201/2003 (Brussels IIa) of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No 1347/2000, Official Journal of the European Communities 2003 No L 338, p. 1 et seq.). Every state is free to determine whether and under which conditions it will recognize foreign sovereign acts, insofar as it is not bound to do so by treaty. Where a party marries in a country other than the country of their personal law, then the marriage must be recognised by both countries. The place at which the marriage was entered into does not automatically determine which court will have jurisdiction over the case or which law will be applied to the divorce proceedings. While Germany recognizes the concept of dual nationality, for most purposes it considers a dual national in Germany a German citizen only. If any of these matters is in dispute or in need of further action in Germany, you must approach the German civil courts. To discuss an assessment of your claim to German citizenship, call +44 (0) 20 3695 5383 or complete the Contact Us form on the right ➨, MONDAY to FRIDAY If neither of the parties is resident in Germany, but a new marriage is to be entered into here, the authorities of the Land where the marriage will take place have jurisdiction. The recognition by the Land departments of justice is however limited to the dissolution of the bonds of marriage. This Regulation has applied since 1 March 2005 in all EU Member States with the exception of Denmark. Recognition will only be denied on the ground of major procedural irregularity or for reasons of German public policy (section 328 (1) 4 of the German Code of Civil Procedure). Staying abroad for up to 3 months If you stay for less than 3 months, all you need is a valid passport and an entry visa depending on the country you are from. It is always advisable to consult a lawyer with expertise in this area prior to getting married, who can if requested also help draw up a marriage contract.

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