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The option scheme in German citizenship law from the perspective of those affected by it ,
From 2000 onwards, the introduction of the place-of-birth principle (ius soli) enabled children born in Germany to foreign parents to acquire German nationality at birth under certain circumstances (section 4 subsection 3 sentence 1 of the Nationality Act [Staatsangehörigkeitsgesetz - StAG]). In accordance with a transitional arrangement (section 40b of the Nationality Act), it was also possible in 2000 to apply for this retroactively for children aged up to ten. All ius soli Germans are, however, subject to the option scheme requiring them to opt either for German nationality or for their parents’ foreign nationality between the age of 18 and 23. A total of approximately 444,000 children acquired German nationality in accordance with sections 4 subsection 3 sentence 1, as well as 40b of the Nationality Act, between 2000 and 2010.
Information on the decision-making behaviour of Optionspflichtige
The qualitative study on the option scheme, which was carried out on behalf of the Federal Ministry of the Interior, was to obtain systematic knowledge of the decision-making behaviour and on the underlying processes from the point of view of those affected by it. To this end, semi-structured interviews were carried out with 27 Optionspflichtige aged from 15 to 20 in Nuremberg, Fürth and Erlangen. All the respondents were naturalised in accordance with section 40b of the Nationality Act.
Influenced by two cultures
One conclusion reached by the study is that the individual respondents are influenced by two cultures to differing degrees. It is revealed that the interviewees have an everyday, practical tie with Germany which certainly influences their decision-making behaviour. However, the experience of “not quite belonging” and of discrimination is also mentioned in the interviews. The respondents have a similarly mixed relationship with their parents’ countries of origin: They frequently have many contacts with this country, but have virtually no everyday experience there and hence also feel that they belong there only to a limited degree.
Unmistakeable tendency to opt for German nationality
It becomes clear with regard to the decision-making behaviour of Optionspflichtige that the interviewees, some of whom were still minors, had either not yet decided what to do, or intended to opt for German nationality. The respondents’ statements do not indicate a change to this trend in the short or medium term. This is based on both pragmatic and emotional reasons.
The study provides detailed knowledge of the significance of nationality for Optionspflichtige, on their becoming aware of their obligation to exercise an option, on the state of knowledge and sources of information, on the duration of the decision-making process and the conflicts and strains which it may involve, on the role of the social environment in making the decision, on the impressions gained from contact with the authorities, on motives for the decision, on the future plans of Optionspflichtige, as well as in general terms on their evaluation of the option scheme.
Research report 16 was drafted by Dr. Susanne Worbs, Antonia Scholz und Stefanie Blicke.
The report is only available in German.