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German citizenship
Statement of reason for the application for a permit to retain the German citizenship
If you would like to discuss your individual situation and how I can help you with your application please find my contact details here.
The statement of reason in the application for grant of permit to retain the German citizenship addresses principally two points:
· Your ongoing bond with Germany
· Reasons for the application of the Australian citizenship
The principal language for the entire application including statement of reason is German.
Ongoing bond with Germany
The statement of reason should demonstrate an ongoing bond with Germany. The Information sheet regarding the permission to retain the German citizenship (available at Federal Office of Administration and the diplomatic mission in charge) refer among other factors to:
· Proficiency in German language
· Relationship with close relatives in Germany
· Business contacts to Germany
· Property in Germany
· Insurance policies and accounts in Germany
However, there may be other factors depending on the individual case.
Reasons for applying for the Australian citizenship
In the context of the reasons for applying for the Australian citizenship you should demonstrate, which disadvantages you intend to overcome or prevent with the grant of the Australian citizenship, which advantages you intend to benefit from respectively. For example advantages or disadvantages may principally occur related to issues such as:
· Work
· Business
· Studies
· Research
There may be other arguments as well and their validity as a reason for applying for the Australia citizenship depends on each individual case.
The arguments provided must be legitimate. For example, the argument not to be able to join or otherwise get involved with the Australian defence force may potentially contradict the German Law on citizenship (In the context of a professional involvement in the Australian defence force it may therefore be necessary to have a closer look at the legal relations, position and task)
Administrative discretionary decision
The conclusion of the Federal Office of Administration (BVA) regarding the application for grant of a permit to retain the German citizenship is based on an administrative discretionary decision. There are no specific criteria according to which the BVA makes a positive or negative decision. Instead the BVA has to balance public and private interests in each individual case.
All the more important it appears, that the statement of reason is based on the applicant’s individual circumstances, that it is underpinned with conclusive facts and that those facts are documented.
In other words: The application should be
· Individually reasoned,
· Conclusively substantiated and
· Accurately documented
Individual reasoning
The application should be individually reasoned. That means that you should base your arguments on your own personal circumstances. General remarks, which in an undifferentiated manner concern every Australian or German without Australian citizenship, should be avoided. Furthermore the Information sheets at the German consulate in Sydney refer to the right to vote in Australia as a generally non-suitable argument for the application for grant of a permit to retain the German citizenship.
Conclusive substantiation
The statement of reason in the application should be conclusively substantiated. This means that you should not only use arguments, which are based on your own individual circumstances, but also that those arguments are underpinned with relevant facts. One should resist the temptation to copy arguments from other applications without putting them into the context of your own individual case and without providing specific references. In this case there is a risk that the application is not conclusively substantiated.
Accurate documentation
The statement of reason in the application for grant of a permit to retain the German citizenship should be accurately documented. This means that the facts provided to substantiate the application should be verified with relevant documents or other sources.
The statement of reason in the application for grant of permit to retain the German citizenship addresses principally two points:
· Your ongoing bond with Germany
· Reasons for the application of the Australian citizenship
The principal language for the entire application including statement of reason is German.
Ongoing bond with Germany
The statement of reason should demonstrate an ongoing bond with Germany. The Information sheet regarding the permission to retain the German citizenship (available at Federal Office of Administration and the diplomatic mission in charge) refer among other factors to:
· Proficiency in German language
· Relationship with close relatives in Germany
· Business contacts to Germany
· Property in Germany
· Insurance policies and accounts in Germany
However, there may be other factors depending on the individual case.
Reasons for applying for the Australian citizenship
In the context of the reasons for applying for the Australian citizenship you should demonstrate, which disadvantages you intend to overcome or prevent with the grant of the Australian citizenship, which advantages you intend to benefit from respectively. For example advantages or disadvantages may principally occur related to issues such as:
· Work
· Business
· Studies
· Research
There may be other arguments as well and their validity as a reason for applying for the Australia citizenship depends on each individual case.
The arguments provided must be legitimate. For example, the argument not to be able to join or otherwise get involved with the Australian defence force may potentially contradict the German Law on citizenship (In the context of a professional involvement in the Australian defence force it may therefore be necessary to have a closer look at the legal relations, position and task)
Administrative discretionary decision
The conclusion of the Federal Office of Administration (BVA) regarding the application for grant of a permit to retain the German citizenship is based on an administrative discretionary decision. There are no specific criteria according to which the BVA makes a positive or negative decision. Instead the BVA has to balance public and private interests in each individual case.
All the more important it appears, that the statement of reason is based on the applicant’s individual circumstances, that it is underpinned with conclusive facts and that those facts are documented.
In other words: The application should be
· Individually reasoned,
· Conclusively substantiated and
· Accurately documented
Individual reasoning
The application should be individually reasoned. That means that you should base your arguments on your own personal circumstances. General remarks, which in an undifferentiated manner concern every Australian or German without Australian citizenship, should be avoided. Furthermore the Information sheets at the German consulate in Sydney refer to the right to vote in Australia as a generally non-suitable argument for the application for grant of a permit to retain the German citizenship.
Conclusive substantiation
The statement of reason in the application should be conclusively substantiated. This means that you should not only use arguments, which are based on your own individual circumstances, but also that those arguments are underpinned with relevant facts. One should resist the temptation to copy arguments from other applications without putting them into the context of your own individual case and without providing specific references. In this case there is a risk that the application is not conclusively substantiated.
Accurate documentation
The statement of reason in the application for grant of a permit to retain the German citizenship should be accurately documented. This means that the facts provided to substantiate the application should be verified with relevant documents or other sources.