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German nationality law : ウィキペディア英語版
German nationality law

German nationality law is the law governing the acquisition, transmission and loss of German citizenship. The law is based on a mixture of the principles of ''jus sanguinis'' and ''jus soli''. In other words, one usually acquires German citizenship if a parent is a German citizen, irrespective of place of birth, or by birth in Germany to parents with foreign nationality if certain requirements are fulfilled. Naturalisation is also possible for foreign nationals after six to eight years of legal residence in Germany.〔(【引用サイトリンク】url=http://www.germany.info/Vertretung/usa/en/05__Legal/02__Directory__Services/02__Citizenship/Citizenship__Obtain.html )〕 However, ''non-EU and non-Swiss citizens'' must usually renounce their old citizenship before being naturalised in Germany. ''Citizens of other EU countries and of Switzerland'' usually can keep their old citizenship (see section "''Dual citizenship''"). Some EU countries do not allow dual citizenship even with other EU countries.
A significant reform to the nationality law was passed by the Bundestag (the German parliament) in 1999, and came into force on 1 January 2000. The reformed law makes it somewhat easier for foreigners resident in Germany on a long-term basis, and especially their German-born children, to acquire German citizenship.〔(Reform of Germany's citizenship and nationality law )〕
The previous German nationality law dated from 1913. Nationality law was amended by the Nuremberg Laws of Nazi Germany; these amendments were revoked after the defeat of Nazism by Allied occupational ordinance in 1945. Germany ratified the European Convention on Nationality, which came into force in Germany on 1 September 2005.〔(【引用サイトリンク】url = http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=166&CM=&DF=&CL=ENG )〕 All German nationals are automatically also citizens of the European Union.
==History==
Before the formation of the German Empire in 1871, the states that became part of the empire were sovereign with their own nationality laws, those of the southern ones (notably Bavaria) being quite liberal. Prussia's nationality law can be traced back to the "Law Respecting the Acquisition and Loss of the Quality as a Prussian subject, and his Admission to Foreign Citizenship" of 31 December 1842, which was based on the principle of ''jus sanguinis''. Prussian law became the basis of the legal system of the German Empire, though the state nationality laws continued to apply, and a German citizen was a person who held citizenship of one of the states of the German Empire.
On 22 July 1913 the Nationality Law of the German Empire and States (''Reichs- und Staatsangehörigkeitsgesetz'', shorthand: RuStAG) established a German citizenship, either derived from the citizenship of one of the component states or acquired through the central Reich government.
Under the Third Reich, in 1934, the German nationality law was amended to abolish separate state citizenships and creating a uniform Reich citizenship, with the central Reich authorities having power to grant or withdraw German nationality. In 1935 the Reich Citizenship Law (''Reichsbürgergesetz''), the second of the Nuremberg Laws, created a new category called "state subjects" (''Staatsangehörige'') to which Jews were assigned, thereby withdrawing citizenship from Jews who had been citizens; only those classed as being of "German or related blood" retained Reich citizenship.
On 13 March 1938 the German nationality law was extended to Austria following the Anschluss which annexed Austria to Germany. On 27 April 1945, after the defeat of Nazism, Austria was re-established and conferred Austrian citizenship on all persons who would have been Austrian on that date had the pre-1938 nationality law of Austria remained in force. Any Austrians who had held German nationality lost it.〔(''BVerfGE 4, 322 1 BvR 284/54Austrian Nationality'' ), copy hosted at utexas.edu〕 Also see Austrian nationality law.
The Nazi amendments of 1934 and the Nuremberg Laws of 1935 were revoked by Allied occupational ordinance in 1945, restoring the 1913 nationality law, which remained in force until the 1999 reforms.〔Bös, Matthias: (The Legal Construction of Membership: Nationality Law in Germany and the United States ). Retrieved 6 February 2013.〕
Article 116(1) of the German Basic Law (constitution) confers, subject to laws regulating the details, a right to citizenship upon any person admitted to Germany (in its 1937 borders) as "refugee or expellee of German ethnic origin or as the spouse or descendant of such a person." Until 1990 ethnic Germans living abroad in a country in the former Eastern Bloc (Aussiedler) could obtain citizenship through a virtually automatic procedure. From 1990 the law was steadily tightened each year to limit the number of immigrants, requiring immigrants to prove language skills and cultural affiliation.
Article 116(2) entitles persons (and their descendants), who were denaturalised by the Nazi government, to be renaturalised if they wish. Those among them, who after May 8, 1945 take up residence in Germany are automatically considered German citizens. Both regulations, (1) and (2), allowed a considerable numbers of Poles and Israelis, residing in Poland and Israel, to be concurrently German citizens.

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