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[opalhort]

Sorry, this is probably being posted in the wrong forum, but here it goes:

We have never registered our (legal) marriage (Thai - German 15 years ago) and the birth of our son (14 years ago) with the German authorities.
Now we think it would be of benefit to our son to provide him with German nationality (he does have Thai PP) if he should desire to move around the world in the future.

My question is: what would be his obligations regarding German military service if we obtain German nationality for him?

opalhort

[nullx8]

i think the biggest problem will be to go aggound the 90 days rule ... where you have to register the birth of the child.

if this is not happen you will face a bunch of problems in buerocracy.

about the military service, the chance is little to get into it.
and if so .. the absent living is so far reason enough (as long there is some communication between your family and the Military)

there wont be a big problem about this (i belive so)

[opalhort]

altf4, on 2008-07-11 19:24:50, said:

i think the biggest problem will be to go aggound the 90 days rule ... where you have to register the birth of the child.

Thanks for your reply.

I did not see any mention of a 90 day rule on the German embassy BKK web site.

The only info I found is that it has to be done before the child turns 18 (regarding nationality).

Any links to guide me to the exact rules?

opalhort

[stretch163]

They do still have the military draft as such, the alternative to the draft is a civil labour job helping community(that is working with disabled or in and elderly home or such like). Either of these 2 can be done so you technically dont have to join the army.

I believe also that if you are in an apprenticeship or in full time study then you do not have to go also.

[opalhort]

Our son would certainly never want to study / stay / work in Germany since he does not speak German.

I was only thinking that a German / EU passport will open more doors visa free for him if he so desires in the future.

My concern is that if we obtain German nationality for him he may be called to duty regardless of where he is.

Example: If he has German nationality and he stays/studies/works in the UK, could the Germans call him to duty?

opalhort

[Naam]

opalhort, on 2008-07-11 21:20:43, said:

Our son would certainly never want to study / stay / work in Germany since he does not speak German.

I was only thinking that a German / EU passport will open more doors visa free for him if he so desires in the future.

My concern is that if we obtain German nationality for him he may be called to duty regardless of where he is.

Example: If he has German nationality and he stays/studies/works in the UK, could the Germans call him to duty?

opalhort

the mandatory service is now 9 months and less than 40% of "eligible" boys are drafted. if your son lives abroad not even the necessary medical for eventual military service will be carried out and draft does definitely not apply even when studying/residing in an EU country.

i can only advice you "GO FOR IT!" according to german law there is no time limitation to apply for your son's citizenship/passport.

[Naam]

hanno, on 2008-07-12 08:39:52, said:

Well, years back I got drafted even though I lived abroad most of my life.

Today, it is pretty easy to get out of the military service. On the other hand, you want the benefits of a German passport for your kid, but are unwilling to assume the duties that come with it

but surely you did not get drafted during the time you were living abroad. if that happened you failed to inform your relevant Kreiswehrersatzamt that you are leaving Germany.

[dclaryjr]

Just as an aside--when I was stationed in Berlin from 72-75, the ratio of young men to young women was way in the favor of men. Women left town but the men stayed because they were exempt from the military draft!

[Naam]

dclaryjr, on 2008-07-12 09:50:44, said:

Just as an aside--when I was stationed in Berlin from 72-75, the ratio of young men to young women was way in the favor of men. Women left town but the men stayed because they were exempt from the military draft!

because Berlin was de jure not a part of the Federal Republic.

[Naam]

hanno, on 2008-07-12 10:12:16, said:

The details are abit hazy, long time ago, but if I remember correctly I was drafted via the German Consulate in Mombasa, Kenya.

Die Wehrpflicht ruht bei Deutschen, die "ihren ständigen Aufenthalt und ihre Lebensgrundlage ausserhalb Deutschlands haben, wenn Tatsachen die Annahme rechtfertigen, dass sie beabsichtigen, ihren ständigen Aufenthalt im Ausland beizubehalten" (§ 1 Abs. 2). Jemand begründet seinen ständigen Aufenthalt im Sinne des Wehrpflichtgesetzes dort, wo er sich mit dem Willen niederlässt, auf die Dauer zu bleiben und den Schwerpunkt seiner Lebensverhältnisse zu bilden.

sorry for using german language but it is in the interest of the OP to read the official government wording instead me translating it.

[opalhort]

Thanks for all your replies.

My concern was the definition of "Ausland" these days since there are no real borders within the EU.

As I understand it from the above posts the draft only applies to people living within Germany but not in any other EU countries.

(I also dodged the draft in the 70s by moving to West Berlin to study)

opalhort

[sjaak327]

If you forgive me, if you would apply for your son's German passport, does he has to surrender his Thai Passport ? If so, I guess this has consequences for his visa situation in Thailand ?

[the scouser]

Thread tidied up and various posts deleted.

The OP's question is quite straightforward: he simply wishes to know whether his son qualifies for German citizenship and whether military service is still in operation. We don't need to otherwise pass judgment.

Scouse.

[opalhort]

Thanks Scouse for having cleaned up this thread.

As for sjaak327's question: Yes I had the same concern but from what I've seen in other posts Germany has no problem with dual nationality and in Thailand, though not officially endorsed, dual nationality is tolerated due to lack of laws preventing it.

Of course we would never give up our son's Thai nationality.

opalhort

[Naam]

opalhort, on 2008-07-16 17:21:25, said:

As for sjaak327's question: Yes I had the same concern but from what I've seen in other posts Germany has no problem with dual nationality and in Thailand, though not officially endorsed, dual nationality is tolerated due to lack of laws preventing it.

that is not quite correct Opalhort. Germany does not allow dual nationality for foreign spouses. the spouse has to surrender his/her foreign passport when the document "german citizenship" is handed over. the done thing of course is that the foreign partner applies again for a passport in his/her home country.

for children (german/foreign parent) the law has been changed and only those born after july 1, 1977 are allowed dual nationality.

[opalhort]

Naam, on 2008-07-16 17:29:38, said:

for children (german/foreign parent) the law has been changed and only those born after july 1, 1977 are allowed dual nationality.

Thank you very much Naam for this info.

I was not aware of these details, but obviously it satisfies our needs.

opalhort

[ClaytonSeymour]

opalhort, on 2008-07-11 20:18:59, said:

Sorry, this is probably being posted in the wrong forum, but here it goes:

We have never registered our (legal) marriage (Thai - German 15 years ago) and the birth of our son (14 years ago) with the German authorities.
Now we think it would be of benefit to our son to provide him with German nationality (he does have Thai PP) if he should desire to move around the world in the future.

My question is: what would be his obligations regarding German military service if we obtain German nationality for him?

opalhort

My question is: how and why this would influence your decision to obtain German nationality for him?

Edited by ClaytonSeymour, 2008-07-17 14:51:07.

[Naam]

ClaytonSeymour, on 2008-07-17 14:50:39, said:

My question is: how and why this would influence your decision to obtain German nationality for him?

i think that's none of your business

[opalhort]

Naam, on 2008-07-17 16:35:13, said:

ClaytonSeymour, on 2008-07-17 14:50:39, said:

My question is: how and why this would influence your decision to obtain German nationality for him?

i think that's none of your business

Thanks Naam

opalhort

P.S. better close this topic since it has a potential to deteriorate and all my questions have been answered.

[the scouser]

Thread closed at OP's request.

Scouse.