2-3 APR 9 - 1915
** MISCELLANEOUS. No. 3 (1914).
GERMAN IMPERIAL AND STATE
NATIONALITY LAW,
JULY 22, 1913,
AND
MEMORANDUM THEREON.
Presented to both Houses of Parliament by Command of His Majesty.
March 1914.
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... 1914.
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- - - 3 -
No. - - Page
1. Translation of Law of July 22, 1918 . . . . . . • & . . tº º e - ... 1
2. Memorandum thereon by His Majesty's Embassy at Berlin © & tº º tº e ... 7
:
German Imperial and State Nationality Law, July 22, 1913,
-- and Memorandum thereon. -
No. 1.
(Translation.) -
WE, William, by the Grace of God, German Emperor, King of Prussia, &c.
In the name of the Empire, by and with the consent of the Federal Council and
the Imperial Diet, order as follows:— * - - -
Part 1.—General Provisions.
§ 1.
Anyone who possesses the nationality of a Federal State (§§ 3–32) or direct
Imperial nationality (§§ 33–35) is a German. : - * . .
§ 2.
Alsace-Lorraine is considered as a Federal State for the purposes of this law.
The protectorates are considered as part of Germany (“Inland ”) for the purposes
of this law. gº .
Part 2.-Nationality of a Federal State.
- - - § 3.
The nationality of a Federal State is acquired—
1. By birth (§ 4).
2. By legitimation (§ 5).
3. By marriage (§ 6). - -
4. In the case of a German by admission to nationality (§§ 7, 14, 16).
5. In the case of a foreigner by naturalisation (§§ 8–16). -
§ 4.
By birth the legitimate child of a German acquires the nationality of the father,
the illegitimate child of a German woman the nationality of the mother. -
A child that is found in the territory of a Federal State (foundling) is considered
as a child of a national of this Federal State until the contrary is proved.
§ 5.
The legitimation of a child by a German, which is effective by German law,
establishes for the child the same nationality as the father.
§ 6.
A woman acquires the nationality of her husband by marriage with a German.
§ 7.
A German must on his application be granted admission to nationality by any
Federal State in the territory of which he has settled unless there is some reason
which, by §§ 3–5 of the law of the 1st November, 1867, in regard to freedom of
movement (“Freizügigkeit") (“Bundesgesetzblatt,” p. 55), justifies the authorities in
refusing to admit a new-comer, or in declining to allow a person to continue his
residence. - - - -
[1207] B 2
2
The application of a married woman requires the assent of her husband ; in default
thereof, assent can be given by the authority for the protection of wards (“Wormund-
schaftsbehörde ’). For a person who is subject to parental authority or is under the
care of a guardian, and has not completed his or her sixteenth year, the application
must be made by the legal guardian ; if the person has completed his or her sixteenth
year, the application requires the assent of the legal guardian.
§ 8.
A foreigner who has settled in Germany (“im Inland") may be naturalised, on
his application, by the Federal State in whose territory such settlement has taken
place—
1. If, according to the laws of his previous home State, he is absolutely capable
of transacting business (“geschäftsfähig”), or would be absolutely capable of trans-
acting business in the eye of German law, or if the application is made in accordance
with $7, paragraph 2, sentence 2, by his legal guardian or with his assent.
2. If he has led an irreproachable life.
3. If he has found a dwelling of his own or lodgings in the place where he has
settled.
4. If he is in a position to keep himself and his family in this place.
|Before naturalisation, the municipality of the place of settlement must be applied
to for information respecting the requirements of Nos. 2–4, and also the board of
guardians (“Armenverband '') if the municipality does not itself form an independent
board of guardians.
§ 9.
Naturalisation in a Federal State may only take place after it has been ascertained
by the Imperial Chancellor that none of the other Federal States have raised any
objection thereto ; if a Federal State raises objections, the Federal Council decides
the question. Objections may Only be based on facts which justify the fear that the
naturalisation of the applicant would endanger the welfare of the Empire or of a
Federal State.
The provisions of paragraph 1 do not apply—
1. To persons who have been formerly subjects of the Federal State to which the
application is made, to their children or grandchildren, and to persons who have been
adopted by a subject of the State, unless the person making the application is a subject
of a foreign State.
2. To foreigners who have been born in the German Empire if they have lived
continuously until the completion of their twenty-first year in the Federal State to
which the application is made, and if they apply for naturalisation within two years
after this date.
§ 10.
The widow or divorced wife of a foreigner, who at the time of her marriage was a
German, must be naturalised on her application by the Federal State in whose territory
she has settled if she fulfils the requirements of § 8, paragraph 1, Nos. 1, 2. Before
naturalisation the municipality of the place of settlement must be applied to for
.information respecting the requirements of No. 2.
§ 11.
A former German who, before attaining his majority, has lost his Imperial
nationality by discharge, must be naturalised on his application by the Federal State
in the territory of which he has settled, if he fulfils the requirements of § 8, paragraph 1,
and if he makes his application within two years after attaining his majority. The
provision of § 8, paragraph 2, applies.
§ 12.
A foreigner who has served actively like a German in the army or navy for at least
a year must be naturalised on his application by the Federal State in which he has
settled if he fulfils the requirements of § 8, paragraph 1, and if his naturalisation
would not endanger the welfare of the Empire or of a Federal State. The provisions
of § 8, paragraph 2, and § 9, paragraph 1, apply. -
§ 13.
A former German, who has not settled in Germany (“im Inland”), may be
naturalised on his application by the Federal State to which he formerly belonged if
he fulfils the requirements of § 8, paragraph 1, Nos. 1, 2; the child or adopted child
of a former German has the same 'legal position. The Imperial Chancellor is to be
informed before naturalisation ; naturalisation does not take place if the Imperial
Chancellor raises objections.
§ 14.
An appointment, made or confirmed by the Government or the Central or Superior
Administrative Authority of a Federal State, in the direct or indirect service of the
State, in the service of a commune or a union of communes, in the public school service,
or in the service of a religious society recognised by the Federal State, is considered, in
the case of a German, as admission to nationality, and in the case of a foreigner as
naturalisation provided that no reservation is made in the certificate of appointment
or confirmation.
This provision does not apply to an appointment as officer or official of the reserve
(“beurlaubten Standes ").
§ 15.
The appointment to a post in the Imperial service of a foreigner who has his
official residence in a Federal State is considered as maturalisation in this Federal
State provided that no reservation is made in the certificate of appointment.
If the employé has his official residence abroad, and receives a salary from the
Imperial Treasury, he must be naturalised by the Federal State to which he makes his
application ; if he receives no salary from the Imperial Treasury he may be naturalised
with the assent of the Imperial Chancellor.
§ 16.
Admission to nationality or naturalisation becomes effective on the delivery by the
Superior administrative authority of the certificate of admission or of naturalisation, or
of a certificate that the person holds an appointment of the nature specified in § 14 or
§ 15, paragraph 1. - -
The admission to nationality or naturalisation extends, provided that no reserve
is made in the certificate, also to the wife and to those children who are legally
represented by the admitted or naturalised person in virtue of his parental authority.
Daughters who are or have been married are excepted.
§ 17.
Nationality is lost—
. By discharge (“Entlassung’’) (§§ 18–24).
. By the acquisition of a foreign nationality (§ 25).
3. By non-fulfilment of military service (§§ 26, 29).
4. By decision of the authorities (§§ 27–29).
5. In the case of an illegitimate child, through legitimation, that is effective in
accordance with German law, by the national of another Federal State or by a
foreigner.
6. In the case of a German woman, by marriage with the national of another
Federal State or with a foreigner.
:
§ 18.
The discharge of a married woman may only be applied for by the husband, and,
if he is a German, only at the same time as his own discharge. The application
requires the wife's assent.
§ 19.
The discharge of a person who is subject to parental authority, or who is under the
care of a guardian, may only be applied for by the legal guardian, and only with the
assent of the German Court for the Protection of Wards (“Wormundschaftsgericht”).
The Public Prosecutor’s Office (“Staatsanwaltschaft”) has the right to appeal against
the decision of the Court for the Protection of Wards; further appeal against the
decision of the Court hearing the appeal is admissible without restriction.
[1207] B 3
4
The assent of the Court for the Protection of Wards is not required if the father
or the mother apply for discharge for themselves and at the same time for a child, on
the strength of their parental authority, and if the person making the application has
charge of the child. "If the person appointed to assist the mother also has charge of
the child, the mother's application for the discharge of the child requires the assent of
such person. Y,
§ 20.
Discharge from the nationality of one Federal State at the same time involves
discharge from the nationality of every other Federal State except in so far as the dis-
charged person reserves himself the nationality of another Federal State by means of a
declaration to the competent authority of the State by which he is discharged. This
reservation must be noted in the certificate of discharge.
§ 21. &
A discharge must be granted to every national on his application if he possesses
the nationality of another Federal State and reserves this in accordance with $ 20.
§ 22.
Unless the conditions mentioned in § 21 are fulfilled, discharge from nationality
is not granted— -
1. To persons liable to military service, with regard to whose obligation to serve
no definite decision has yet been given, unless they produce a certificate from the
recruiting commission (“Ersatzkommission '') to the effect that the commission is
convinced that the discharge is not applied for with the intention of avoiding liability
to active service;
2. To men of the active army, the active navy, or the active Protectorate troops;
3. To men of the reserve of the kind mentioned in § 56, Nos. 2–4, of the Imperial
Military Law, unless they have received the permission of the military authorities;
4. To other men of the reserve after they have received a summons to active
service ; -
5. To officials and officers, including those of the reserve, before they have been
discharged from service.
Discharge from nationality may not be refused in times of peace for reasons other
than those mentioned in paragraph 1. In time of war and danger of war the right is
reserved to the Emperor to issue special regulations.
§ 23.
The discharge becomes effective with the issue of a certificate of discharge drawn
up by the superior administrative authority of the home State. The certificate is not
issued to persons who are under arrest or whose arrest or imprisonment has been
ordered by a judicial or police authority.
If the discharge is to apply at the same time to the wife and children of the
applicant, the names of these persons must also be included in the certificate of discharge.
§ 24.
The discharge is considered as not having taken effect if the discharged person
still has his domicil or permanent residence in Germany (“im Inland ”) a year after
the issue of the certificate of discharge.
This provision does not apply if the discharged person has reserved for himself
nationality in another Federal State in accordance with $ 20.
§ 25.
A German who is neither domiciled nor permanently resident in Germany (“im
Inland") loses nationality on the acquisition of a foreign nationality if the latter is
5
acquired on his application or on the application of the husband [in the case of a
married woman or legal guardian [in the case of a ward]. A married woman or ward,
however, only loses nationality if the conditions are fulfilled under which a discharge
could be applied for in accordance with $$ 18, 19.
A person does not lose his nationality if, before acquiring a foreign nationality, he
has applied for, and received, the written permission of the competent authorities of
his home State to retain his nationality. Before the grant of such permission, the
German consul is to be consulted.
With the assent of the Federal Council, the Imperial Chancellor may order that
persons who wish to acquire nationality in a particular foreign State may be refused the
permission mentioned in paragraph 2. *
§ 26. "
A German liable to military service who has neither his domicil nor his
permanent residence in Germany (“im Inland’’) loses his nationality on the completion
of his thirty-first year if, up to that time, he has not caused a definite decision to be
taken with regard to his liability to military service and if he has not been put back
beyond that time.
A German deserter who has neither his domicil nor his permanent residence in
Germany loses his nationality on the expiry of two years after the publication of the
decision by which he has been declared a deserter (§ 360 of the Military Penal
Regulations). This provision does not apply to men of the reserve, of the “Landwehr’’
or “Seewehr,” and of the “Ersatzreserve '’ who have been declared deserters because
they have not obeyed a summons to serve, unless the summons was issued after the
announcement of warlike preparations or a mobilisation order.
Any person who has lost his nationality under the provisions of paragraph 1 or 2
may only be naturalised by a Federal State after consultation with the military
authorities. If he proves that no blame attaches to him, the Federal State to which he
formerly belonged may not refuse to naturalise him.
§ 27.
A German who lives abroad may be declared by a decision of the central
authorities of his home State to have forfeited his nationality if he does not obey a
summons to return issued by the Emperor in case of war or of a danger of war.
If he belongs to several Federal States he loses by this decision his nationality in
all Federal States. * -
§ 28.
A German who without the permission of his Government enters the service of a
foreign State may be declared by a decision of the central authority of his home State
to have forfeited his nationality if he does not obey an order to leave that service.
If he belongs to several Federal States he loses by this decision his nationality in
all Federal States.
§ 29.
Loss of nationality in the cases mentioned in § 26, paragraphs 1, 2, and §§ 27, 28,
and recovery of nationality in the cases mentioned in § 26, paragraph 3, sentence 2,
also extend to the wife and those children for whom the person who has lost or
recovered nationality acts as legal guardian in virtue of his parental authority,
provided that the wife and children live with him. Daughters are excepted who are
or have been married.
§ 30.
A former German, who has lost his Imperial nationality by discharge before this
law comes into operation, but who by the provisions of § 24, paragraph 1, would
not be considered as discharged, must be naturalised on his application by the
Federal State in the territory of which he has settled if he has retained his domicil in
Germany (“im Inland") since the time mentioned in § 24, paragraph 1, and if he fulfils
the requirements of § 8, paragraph 1, and also makes his application within one year
after this law comes into operation. The provisions of § 8, paragraph 2, apply.
6
§ 31.
A former German, who before this law comes into force has lost his Imperial
nationality in accordance with $ 21 of the Law of the 1st June, 1870, respecting the
acquisition and loss of Federal and State nationality (“Bundesgesetzblatt,” p. 355)
by a ten years' residence abroad, must be naturalised by the Federal State in the
territory of which he has settled if he does not belong to any State.
The same applies to the former national of a Federal State, or of a State
incorporated in such Federal State, who before the Law of the 1st June, 1870, came
into force had lost his nationality in accordance with the law of the State by residence
outside his home State.
- $ 32.
A German liable to military service who at the time when this law comes into
force has neither his domicil nor his permanent residence in Germany (“im Inland "),
and who before this time has completed his twenty-ninth but not his forty-third year,
loses his nationality on the expiry of two years unless within this period he has caused
a definite decision to be taken respecting his liability to service.
A German deserter of the kind mentioned in § 26, paragraph 2, who at the time
when this law comes into force has neither his domicil nor his permanent residence
in Germany (“im Inland”), and who before this time has not completed his forty-third
year, loses his nationality on the expiry of two years unless he places himself at the
disposal of the military authorities within this period.
The provisions of § 26, paragraph 3, and of § 29 apply mutatis mutandis.
Part 3.—Direct Imperial Nationality.
§ 33.
Direct Imperial nationality may be granted—
1. To a foreigner who has settled in a protectorate or to a native of a
protectorate ;
2. To a former German who has not settled in Germany (“im Inland ’’); the
child or adopted child of a former German is in the same legal position as such
person.
§ 34.
A foreigner who is employed in the Imperial service, and has his official residence
abroad, must be granted direct Imperial nationality on his application if he receives
an official salary from the Imperial Treasury; it may be granted to him if he does
not receive such salary.
§ 35.
The provisions of this law respecting nationality in a Federal State, with the
exception of the provisions of $ 4, paragraph 2, § 8, paragraph 2, § 10, sentence 2,
§ 11, sentence 2, § 12, sentence 2, and §§ 14, 21, apply mutatis mutandis to direct
Imperial nationality, with the proviso that the Imperial Chancellor takes the place of
the central authority of the Federal State and the Imperial Chancellor, or the authority
named by him, that of the Superior administrative authority.
Part 4.—Final Regulations.
§ 36.
Treaties concluded by Federal States with foreign States before this law comes
into operation remain unaffected.
§ 37.
In so far as reference is made in Imperial or State laws to the provisions of the
Law of the 1st June, 1870, respecting the acquisition and loss of Federal and State
nationality, , or to those of the Law of the 20th December, 1875, respecting the
7
naturalisation of foreigners who are employed in the Imperial service, the corresponding
provisions of this law take the place of such provisions.
§ 38.
In the cases mentioned in §§ 7, 10, 11, 12, 30, 31, and the first half-sentence of
§ 34, certificates of admission to nationality or of naturalisation are granted free of
charge. The same applies to the grant of certificates of discharge in the cases
mentioned in § 21.
For the grant of certificates of discharge in cases other than those mentioned in
§ 21 a maximum of 3 marks altogether may be levied in stamp duties and fees for
drawing up the certificate.
§ 39.
The Federal Council issues regulations respecting certificates of admission to
nationality, naturalisation, and discharge, and documents which serve to prove
nationality.
The central authorities of the Federal States determine what authorities are to be
considered in the sense of this law as superior administrative authorities and military
authorities.
$ 40.
An appeal may be made against the rejection of an application for admission to
nationality in accordance with $7, for naturalisation in the cases mentioned in §§ 10,
11, 15, § 26, paragraph 3, §§ 30, 31, § 32, paragraph 3, or of an application for a
discharge in the cases mentioned in §§ 21, 22.
The competence of the authorities and the procedure are determined in accordance
with the laws of the Federal States, and, if no laws exist in the Federal States, in
accordance with $$ 20, 21 of the Industrial Order “Gewerbeordnung.”
§ 41.
This law comes into operation on the 1st January, 1914, simultaneously with a law
respecting changes in the Imperial Military Law and in the Law of the 11th February,
1888, respecting changes in the liability to military service.
In witness whereof, &c. t
Given at Balholm, on board My Yacht “Hohenzollern,” the 22nd July, 1913. ,
(L.S.) WILHELM.
DELBRüCK.
No. 2.
Memorandum on the above by His Majesty's Embassy at Berlin.
The question of German nationality was until the passing of this law regulated
by the law of the 1st June, 1870, as modified in some particulars by subsequent legis-
lation. The old law had, however, long been considered inadequate to meet modern
conditions arising Out of the economic and national development of the Empire, and
for many years past proposals had constantly been put forward for its amendment.
The principal point in which the old law was considered defective was the manner
in which it dealt with Germans who had emigrated to foreign countries. Under the
old law it frequently happened that such persons, though they desired to remain
German, lost their German nationality against their will and without their knowledge,
merely by lapse of time. It was felt that the premature severance of relations between
Germans living abroad and the Empire was contrary to the interests both of the
individuals concerned and of the Empire itself, and that it was desirable that new
legislation should be enacted with the double object of rendering more difficult the
loss of German nationality and of facilitating its recovery.
The new law accordingly makes full provision for the case of Germans living in
foreign countries. By the old law a German lost his German nationality if he resided
abroad without interruption for ten years, unless he registered himself periodically at
a German consulate—a formality which was in practice found to be generally neglected,
either through ignorance or carelessness. The new law does away with this automatic
loss of nationality, and, instead, it provides that German nationality can only be lost as
a consequence of some definite act on the part of the individual showing, clearly that
8
he desires to sever his connection with the fatherland. Such acts are (1) an application
Śr discharge from German nationality, (2) the voluntary acquisition of a foreign
nationality or entrance into the service of a foreign State, (3) non-fulfilment of the
obligation to perform military service.
As regards (2), it is expressly provided that the loss of German nationality shall
only ensue where a German living abroad acquires a foreign nationality on his own
application or on that of his legal representative. German nationality is accordingly
not lost when a foreign nationality is acquired under the laws of a foreign State
merely by reason of residence, settlement, or birth within that State, and therefore as
a result of circumstances beyond the control of the individual concerned. In order
also to provide for cases where a foreign nationality is acquired solely with a view to
meeting business requirements, &c., it is laid down that a German shall not lose his
nationality if, before acquiring a foreign nationality, he obtains the permission of the
home authorities to retain his German nationality. As under the old law, a German
can also be deprived of his German nationality if he enters the service of a foreign
State without the permission of his Government.
As regards the third ground for the loss of German nationality, the new law
provides that a German resident abroad who is liable to military service loses his
German nationality on the completion of his 31st year if he has not caused a definite
decision to be taken as to his enrolment in the army, or has secured an extension
of time. Similarly a deserter from the regular army living abroad loses his German
nationality on the expiration of two years from the time when he was declared a
deserter. At the same time various facilities are provided in a new law in regard to
military service, passed at the same time as the nationality law, which make it
comparatively easy to comply with the military requirements. It is provided, for
instance, that the date for the enrolment of Germans living abroad can, if necessary,
be deferred for a number of years, and that Germans who have acquired a permanent
situation abroad as merchants, dealers, &c., may, on their application, be transferred
to the “Landsturm '' instead of having to serve their time in the regular army.
Similar privileges are also granted to persons who have already performed their
Ordinary service and have passed into the reserve. Such persons, if resident abroad
in an extra-European country not bordering on the Mediterranean or the Black Sea,
and holding a permanent situation in such country, can be granted a dispensation
from the obligation to return to Germany even in the event of mobilisation.”
* $ 20 of the Military Service Law, as amended by the new law, provides that persons liable to military
Service who reside in a foreign European country can be put back for two years, and that those living in an
extra-European country can be put back for a period not exceeding four years. -
A new $ 21A provides that persons liable to military service, who have acquired a permanent situation
as merchant, tradesman, &c., in a non-European country may, on the expiration of the period for which they
have been put back, but not before the expiry of the fourth year for which they are liable to serve, be
transferred at their request by the enlistment authorities of third instance to the first ban of the
“Landsturm.” This privilege may, however, only be accorded to persons liable to military service when, in
the event of the performance of active service, either in the Eumpire itself or in a colony, the situation
in question or their fortune invested in a non-European country would be endangered, and when there is no
reason to suppose that the grounds for such transfer to the “Landsturm" have been created for the purpose
of avoiding military service.
$ 59 as annended provides that, in time of peace, officers, officials, and men of the reserve, the “Ersatz”
reserve, and the first ban of the “Landsturm’ who desire to proceed to a colony or abroad, or who reside
there, can be granted leave of absence for two years with release from the customary service obligations, so
far as such obligations, do not arise out of the fact of residence in a colony, subject to the obligation to
return in the event of mobilisation.
Should the person to whom leave of absence is granted show by a certificate of the governor or the
consul that he has acquired a permanent situation in the colony or abroad as merchant, tradesman, &c., such
leave of absence can be extended until the time of his discharge from military conditions. This applies,
however, to persons living in a European country or in a country bordering on the Mediterranean or the
Black Sea to whom leave of absence is granted only when the permanent situation in question would be
endangered by the fulfilment of the customary service obligations.
lf the person to whom leave of absence is granted has acquired the permanent situation in question in a
non-European Country which does not border on the Mediterranean or the Black Sea, he can also be released
from the obligation to return in the event of mobilisation.
$ 30 as amended contains a provision that the decision in regard to putting back persons resident abroad
may, by decision of the Chancellor, be left to the local consular or diplomatic officer, and also a provision
for the establishment of special enlistment commissions at places where a “consul de carrière” or
Minister resides. -
§ 11 of the old law has also been modified and now provides that persons who have no nationality may,
if they reside permanently in Germany or a German colony, be called upon to perform military service.
This provision is intended to apply especially to Germans who have been deprived of their nationality for
non-performance of their military obligations and subsequently return to Germany, and also of the children
of such persons, in cases where they have not meanwhile acquired a foreign nationality.
As a general rule only Germau nationals are liable to military service.
9
As stated above, the new law also provides increased facilities for the recovery
of German nationality when lost. Under the old law, only such Germans as had lost
their nationality through ten years' residence abroad, and had not acquired a foreign
nationality, could recover their German nationality without establishing a residence in
Germany. Persons who had lost their German nationality through any other cause could
only recover it by settling in one of the Federal States. The new law provides that all
persons who have lost their German nationality through any cause whatever, and also
the children of such persons, can, if they fulfil the necessary conditions, recover the
nationality of the State to which they formerly belonged, or be granted direct Imperial
nationality, without returning to Germany, even if they have meanwhile acquired a
foreign nationality, thus covering the case of persons who may have applied for
release from German nationality in ignorance of its effects, and also of persons who
have been deprived of German nationality through the action of their parents or
guardians.
A new provision has also been introduced into the new law by which the widow
or divorced wife of a foreigner, who was a German national at the time of her
marriage, can claim the restoration of her German nationality on settling in one of the
Federal States, provided she be capable of transacting business and have led an
irreproachable life.
A further important feature of the new law is the extension of the principle of
direct Imperial nationality. The old law only contemplated an indirect Imperial
nationality, that is to say, that a person was only considered a German national if he
possessed the nationality of one of the Federal States composing the German Empire.
The system of direct Imperial nationality was first created by the protectorates law
of 1900, which provided that foreigners resident in a German colony or natives of a
German colony could obtain Imperial nationality by naturalisation. Under the new
law this facility is also extended to former German nationals and their children
resident abroad, and to foreigners in the Imperial service abroad.
The conditions attached to the naturalisation of foreigners are also slightly
modified by the new law, though the principal antecedent requirements remain
practically unchanged. These requirements are that the foreigner, who must have
actually settled in one of the Federal States or in a German colony, must (1) by the
laws of his former country be fully competent to transact business, (2) have led an
irreproachable life, (3) have found a dwelling of his own or a lodging in the place
where he has settled, (4) be in a position to maintain himself and his family in that
place. It is further provided in the new law that, before naturalisation can take place
in one of the Federal States, it must be ascertained through the Imperial Chancellor
that no other Federal State raises objection thereto based on the apprehension that the
naturalisation of the applicant might endanger the well-being of the Empire. This
latter provision has been inserted in view of the fact that the possession of the
nationality of one of the Federal States entitles the holder to the privileges of a
German national in every other Federal State. It does not, however, apply to
foreigners born within the Empire, if they have resided uninterruptedly in the State
in which they apply for naturalisation until the completion of their 21st year and
the application is made within two years of that time.
It should be pointed out in conclusion that German nationality is not acquired
merely by birth within the German Empire. German nationality is acquired by birth
only by the legitimate children of German fathers, and the illegitimate children of
German mothers. A foundling found within one of the Federal States is considered
to be a child of a national of that State until proof is furnished to the contrary. This
latter is a new provision not contained in the old law.
MISCELLANEOUS. No. 3 (1914).
GERMAN Imperial and State Nationality. Law,
July 22, 1913, and Memorandum thereon.
Presented to both Houses of Parliament by Command
of His Majesty. March 1914.
LONDON 2 .
PRINTED BY HARRISON AND sons.