Prohibition on Leaving the Country and Mandatory Military Service

Prohibition Leaving Country Military Service

Recently, we wrote about the changes in the Defense Law in Germany. However, the topic continues to develop, and it makes us prepare another article.

Current status

As you remember, we mentioned that Germany re-activated the old Defence Law. This says among others that male persons aged from 17 till 45 years have to request a special permission of enlistment authorities in Germany (called “career centers”) if they want to leave the country for more than 3 months.

Later on, there was a clarification from the German Defense minister. He said that the permission would not be required (on an exceptional basis) as long as the military service remains voluntary.

The plans of Bundeswehr are, however, to increase the force level over 200.000 men until 2027. What if this number is not reachable on the voluntarily basis? Then the case of need for mandatory service would arise.

By the way, for officers and non-commissioned officers the service age ends at 60, not at 45 years. In the event of tensions, the liability to mandatory service extends to 60 years for everybody independently from the grade.

There are even discussions about extending this age up to 70 years.

What does it mean for you?

What can happen in case of event of tensions or in the event of defense, was clearly demonstrated in the war in Ukraine: the borders were immediately closed for all male persons above the defined age.

Right now, it looks like a real case could be far away from Europe. But how fast the situation can change, we saw in different recent conflicts in the meantime, like in Ukraine or in the Middle East. When this happens, you could be locked in and would not be able to leave the country anymore.

One could say that the borders in Europe are sufficiently transparent and there would be a way to leave the country. What should not be forgotten in this case, that EU would most probably act in a coordinated and unified way. In other words, if an event of war is proclaimed in one EU country, it could be rapidly extended to other countries within EU.

German Federal High Court’s decision

On top, we saw how the German Federal High Court decided in case of escaped male Ukrainians: in case of war, the human rights can be disregarded and deserted males can be sent back to their country. According to the Court, the constitution allows “the protection of the right to conscientious objection to military service to be subordinated to other high-ranking constitutional values in exceptional circumstances”. In other words: you have the human right of conscientious objection, but only in peaceful times. In case of defense, this right can simply be revoked, and you can be mobilized disregarding your personal opinions about war. Original text in German language can be found here. This decision can create a precedence case also for other countries.

And despite the fact that we created this article mainly based on the recent events in Germany, this can equally apply to you independently in which country within EU you currently reside.

You are not eager to be trapped in your country if any tensions arise or – even worse – a real case of defense will be proclaimed?

Ways out

There are definitely ways how to get around it. But you should not wait to act when it is already too late and the event occurs. Some of the preparation work could take several months and even more. So, it is advisable to plan well in advance.

What can be done actually?

Second passport

The most secure and reliable solution would be to get a second passport. With just one citizenship you are still vulnerable even if you manage to leave the country in time. Your passport can be invalidated by the authorities of your country.

Citizenship by investment (CBI) is possible within few months if you have the amount required for investments. Usually, the CBI starts from 300-400 thousand USD as investment depending on the country.

Second (third…) permanent residency

If you do not have a 6-digit amount for an immediate CBI application, you can still apply for a second permanent residency via which a second passport can be obtained in course of time. Depending on the country of your future permanent residency, the costs for it start from roughly 2000 EUR per person. It can take up to 4-6 months until you hold the new residency ID in your hands.

A much faster option would be an investment of 75.000 USD with application costs of 25.000 USD for the main applicant and 3.000 USD per dependent. This option ensures you speedy treatment: you can obtain permanent residency within 5 working days in the country of your future permanent residency. Some prework still to be done upfront, like gathering the necessary documents. On top, this residency counts from the very first day towards your citizenship for which you can apply 10 years later (or – if eligible – 5 years later).

As we mentioned already in the past, holding multiple residencies and citizenships nowadays is not a luxury, but a necessity if you wish to ensure a peaceful and fulfilling life for you and your family.

Are you interested in learning more about this topic? Do not hesitate to contact us and one of Singabiz® Representatives will be glad to consult and to assist you further.

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