The Bundestag and Bundesrat have finally launched the reform of the citizenship law. The law on the modernization of citizenship law is intended to halt the decline in naturalization figures that has been going on for years. For example, the pre-stay time is significantly reduced.
In the case of special integration achievements such as very good language skills (level C1) and a particularly good school-leaving certificate, naturalization may already be possible after three years. The changes are expected to come into force in May or June 2024 (subject to promulgation in the Federal Law Gazette).
In this article, we provide an overview of the adopted changes to nationality law.
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Contents:
The Citizenship Act (Staatsangehörigkeitsgesetz - StAG for short) essentially regulates who is a German citizen and how one can become a German citizen. The StAG came into force on 01.01.2000. In addition to the principle of descent (ius sanguinis), the principle of place of birth (ius soli) was introduced.
According to the place of birth principle, children of foreign parents can also acquire German citizenship. However, the birth of a child in Germany alone is not sufficient to acquire German citizenship, as is the case in the USA, for example. The child can only acquire German citizenship under certain conditions.
According to the principle of descent, the place of birth is irrelevant. Nationality is determined solely by the nationality of the parents. Under the principle of descent, nationality can be determined by the nationality of both parents. However, it is also possible for the child's nationality to be determined by the nationality of only the mother or only the father.
There are various ways to acquire German citizenship. The legal regulation in § 3 StAG lists several possibilities
On 19.01.2024, the Bundestag passed the Act on the Modernization of Citizenship Law. The Bundesrat approved the law on 02.02.2024. This means that the adopted changes can still come into force in 2024. In detail, there are changes primarily in the area of naturalization and its requirements.
Read this article to find out how a specialist lawyer for migration law and immigration law can help you with naturalization.
Until now, anyone who wanted to be naturalized had to wait a long time. After § Section 10 (1) sentence 1 StAG previously required a previous legal residence period of eight years. The prior residence period has now been reduced to five years.
A new feature is a turbo clause for naturalization. Previously, participation in an integration course could only shorten the pre-residence period by one year to 7 years. Now, under certain conditions, naturalization is possible after just three years (Section 10 (3) StAG).
On the one hand, this requires special integration achievements (§ 10 Para. 3 No. 1 StAG). Such special integration achievements may exist, for example, if special educational or professional achievements, voluntary work and particularly good language skills (level C1) are demonstrated. Whether special integration achievements exist must be examined as part of an overall assessment as a discretionary decision.
In addition, their livelihood must be secured (§ 10 Para. 3 No. 2 StAG).
For persons who entered the Federal Republic of Germany as former guest workers until 30.06.1974 on the basis of an agreement on the recruitment and placement of workers, as well as for persons who entered the GDR as former contract workers until 13.06.1990, the legislator has introduced facilitations for naturalization.
The prerequisite for naturalization is, in principle, securing a livelihood without claiming social benefits. This requirement does not apply to former guest workers and contract workers if they are not responsible for claiming benefits (e.g. citizen's allowance under SGB II) (Section 10 (1) sentence 1 no. 3 letter a) StAG).
Former guest workers and contract workers are exempt from the requirement to provide proof of German language skills at level B1 if they can communicate in a simple manner in German in everyday life (Section 10 (4) sentence 3 StAG). Proof of knowledge of the legal and social order and living conditions is also not required (§ 10 para. 6 sentence 1 StAG).
Previously, naturalization was only possible if the person wishing to naturalize had lost or renounced their previous citizenship. Dual nationality was therefore not possible (Section 10 (1) sentence 1 no. 4 StAG old version). Naturalization was therefore normally not possible without renouncing the foreign nationality.
The abolition of this regulation means that people who do not want to or cannot give up their previous citizenship can now also be naturalized. Dual nationality is now possible. In future, it will only depend on whether the nationality law of the country of origin allows dual nationality or whether the nationality of the foreign country is lost upon acquisition of German nationality.
If German nationals acquire another nationality, this will also be possible in future without losing their German nationality. A so-called retention permit in accordance with Section 25 StAG old version will no longer be necessary in future. The legal regulation on this is no longer applicable.
The so-called option regulation according to § 29 StAG also no longer applies. According to this regulation, children who were born in Germany but whose parents had a foreign nationality had to apply for citizenship if the children were not eligible for citizenship via the § 4 para. 3 StAG German citizenship, they must decide between German and foreign citizenship when they come of age.
Such a decision is no longer necessary and dual nationality is now possible.
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Anyone who wants to be naturalized must be able to earn their own living. This generally excludes the receipt of social benefits (Section 10 (1) sentence 1 no. 3 StAG). In addition to the exception for former guest workers and contract workers (§ 10 para. 1 sentence 1 no. 3 letter a) StAG), the law provides for two further exceptions:
Naturalization is possible if the person has been in full-time employment for at least 20 months in the last 24 months (Section 10 (1) sentence 1 no. 3 letter b) StAG). In addition, naturalization is possible for spouses and life partners whose spouse or life partner has been in full-time employment for at least 20 months within the last 24 months and lives in a family relationship with a minor child (Section 10 (1) sentence 1 no. 3 letter c) StAG).
The new provision on securing a livelihood represents a deterioration compared to the previous legal situation, as it previously depended on whether the naturalization applicant was responsible for receiving benefits under SGB II/ XII in the sense of being at fault. In any case, the regulation is unlikely to be constitutional if it permanently excludes sick and disabled people from naturalization.
The acquisition of German citizenship for children born in Germany to foreign parents according to the place of birth principle (ius soli) is made easier. In order to acquire ius soli, a parent of a child born in Germany now only has to provide proof of five years' prior residence instead of the previous eight years (Section 4 (3) sentence 1 no. 1 StAG).
Another requirement for the child to acquire German citizenship is that one of the parents must be in possession of a permanent right of residence (under EU law or a settlement permit).
A new naturalization requirement has been added: naturalization applicants must
(Section 10 (1) sentence 1 no. 1a) StAG). The consequence of this obligation is that naturalization is excluded if there are factual indications that the commitment made to these goals is false in terms of content(Section 11 sentence 1 no. 1a StAG).
In addition, further conditions have been introduced that lead to exclusion from naturalization. For example, marriage to several women leads to exclusion from naturalization (§ 11 sentence 1 no. 3 letter a) StAG). Such a multiple marriage is alien to the German legal system and, in the opinion of the legislator, usually already casts doubt on the recognition of equal rights for men and women.
Anyone whose behavior makes it clear that they disregard the equal rights of men and women cannot be naturalized either (§ 11 sentence 1 no. 3 letter b) StAG).
These two exclusions from naturalization replace the previous, very vaguely formulated requirement of "integration into German living conditions" (Section 10 (1) (2) StAG old version).
As of mid-February 2024, the Act on the Modernization of Citizenship Law has already been finally adopted by the Bundesrat and the Bundesrat According to Article 6 (1) of the Act on the Modernization of Citizenship Law, the amendments will enter into force three months after promulgation in the Federal Law Gazette. The law has not yet been promulgated in the Federal Law Gazette, meaning that the amendments will not come into force until the end of May 2024 at the earliest.
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According to Article 6 para. 1 of the Act on the Modernization of Citizenship Law, the amendments are to enter into force three months after promulgation in the Federal Law Gazette. The law has not yet been promulgated, so it is expected to come into force at the end of May 2024.
The pre-residence period for naturalization has been reduced from eight to five years. A "turbo clause" allows naturalization after just three years under certain conditions. This requires special integration efforts.
Former guest workers and contract workers have easier naturalization procedures, including the waiver of the requirement to provide proof of German language skills and the waiver of the requirement to secure a livelihood.
Yes, the elimination of the requirement to give up your previous nationality makes dual nationality possible. However, this also depends on the regulations of the country of origin as to whether naturalization means that the nationality of the country of origin no longer applies.
The acquisition of German citizenship according to the place of birth principle (ius soli) is made easier. One parent now only has to provide proof of five years' prior residence instead of the previous eight years.
New requirements for naturalization were introduced, including a commitment to Germany's historical responsibility, the protection of Jewish life and the recognition of equal rights for men and women, as well as a ban on marriage with several women.
Naturalization is excluded, for example, if there are factual indications that the commitment to certain goals is wrong in terms of content. In addition, certain behaviors such as multiple marriages or disregard for equal rights for men and women lead to exclusion.
Image credits: Christian Horz | Canva.com
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