Dual Citizenship in the European Union: trends and analysis (2010-2020)
the Second Protocol of the Convention.15 Lastly, in Austria, Germany, Latvia and Lithuania,
permission can be obtained for the retention of citizenship upon the acquisition of a foreign
citizenship. In Lithuania and Latvia, such permission can be obtained in incidental cases by
persons of ‘outstanding merits’ (Lithuania)16 or due to ‘important state interests’ (Latvia)17. In
Austria, retention of Austrian citizenship must be in the interest of the Republic of Austria due
to the person’s actual or expected achievements or other grounds deserving of consideration.
Additionally, Austrian citizens by birth may be granted exceptional permission to retain their
citizenship on grounds related to their private and family life.18 In Germany, the grant of a
‘retention permit’ (Beibehaltungsgenehmigung) depends on a balance of public and private
interests, while citizens who reside abroad must also prove that they have retained sufficient
ties to Germany.19
1.2.3
Loss of citizenship upon the retention of a foreign citizenship (L06)
Only in three Member States (Germany, Latvia and Lithuania), citizenship can be lost by a
person who acquired a foreign citizenship during minority (e.g. at birth) and subsequently
retained that citizenship after reaching a certain age. In Germany, a person who acquired
citizenship due to birth in Germany and also acquired another citizenship during minority (e.g.
iure sanguinis) is required to renounce the foreign citizenship upon attaining the age of 21
years. Failure to fulfil this requirement after a period of two years from the date of notification
will result in the automatic loss of German citizenship. However, those who grew up in
Germany are exempted from the loss provision. A person is exempted if he or she has resided
in Germany for at least eight years before turning 21, or attended a German school for at least
six years, or graduated from a German school or a German education institution. German
citizens who also hold a citizenship of another EU Member State or Switzerland are also
exempted from the loss provision. Finally, a person who does not fulfil any of these criteria can
still be permitted to retain German citizenship if the loss of citizenship would constitute
‘particular hardship’, which is assessed on a case-by-case basis. In addition to that, a person
only loses German citizenship if he or she has not been expressly notified of this option duty
by the authorities before attaining the age of 21 years. In Latvia, citizens who acquired another
citizenship during minority are required to either renounce their other citizenship or submit a
request for renunciation of Latvian citizenship before attaining the age of 25 years. If a person
does not fulfil this requirement, he or she can be deprived of Latvian citizenship. Latvian
citizens who also hold citizenship of an EU-, EEA- or NATO Member State or Australia, Brazil
or New Zealand are exempted from this provision. In addition to that, Latvian citizens who hold
another citizenship due to adoption or marriage or who obtained permission for retention of
citizenship due to important national interests are also exempted from this provision. In
Lithuania, the requirement to renounce a foreign citizenship before age 21 is not applicable to
Lithuanian citizens who also acquired another citizenship at birth, which means that only a
minority of Lithuanian citizens are covered by this provision (e.g. citizens by adoption).
15
https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/043/signatures?p_auth=ORav5mQp ,
last accessed on 20 June 2020.
16
Art. 7 par. 7 Lithuanian Citizenship Act 2010.
17
Art. par. 1 sub 5 Latvian Citizenship Act 1995.
18
Art. 28 par. 2 Austrian Citizenship Law 1985.
19
Art. 25 par. 2 German Citizenship Act 1913.
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RSCAS/GLOBALCIT-Comp. 2020/4 - © 2020 Author