The Bundestag and Bundesrat have finally launched the reform of citizenship law. The law on the modernisation of citizenship law is intended to stop the declining naturalisation figures for years. To this end, for example, the previous period of residence will be significantly shortened.
In the case of special integration achievements such as very good language skills (level C1) and a particularly good school-leaving certificate, naturalisation may be possible after just 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 changes to citizenship law that have been adopted.
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What does the Nationality Act (StAG) regulate?
The Nationality Act – 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 birthplace principle (ius soli) was introduced.
Principle of descent and birthplace principle
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 does not matter. Nationality depends solely on the nationality of the parents. In the case of the principle of descent, citizenship can be based either on the nationality of both parents. However, it is also possible that the nationality of the child is based on the nationality of only the mother or only the father.
Acquisition of German citizenship
There are various ways to acquire German citizenship. The legal regulation in § 3 StAG mentions several possibilities
- by birth
- by declaration
- by adoption as a child (adoption by German citizens before the age of 18)
- by naturalization
What will change in naturalization in 2024?
On 19.01.2024, the Bundestag passed the Act on the Modernisation 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 especially in the area of naturalization and its requirements.
In this article, you can read how a specialist lawyer for migration law and immigration law can help you with naturalization .
Reduction of the previous period of residence to 5 years and “turbo clause”
Until now, anyone who wanted to become a naturalized citizen had to be patient for a long time. According to § 10.1 sentence 1 StAG , a lawful previous residence of eight years was previously required as a rule. The previous period of residence has now been shortened to five years.
A turbo clause for naturalisation is new. Until now, participation in an integration course could only shorten the previous period of residence by one year to 7 years. Now, under certain conditions, naturalisation is possible after just three years (§ 10 para. 3 StAG).
On the one hand, special integration services must be available for this (§ 10 para. 3 no. 1 StAG). Such special integration achievements can be present, for example, if special educational or professional achievements, voluntary work and particularly good language skills (level C1) are proven. Whether there are special integration achievements must be examined as a discretionary decision in the context of an overall assessment.
In addition, the livelihood must be secured (§ 10 para. 3 no. 2 StAG).
Facilitation for former guest workers and former contract workers
For persons who entered the Federal Republic of Germany as former guest workers by 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 by 13.06.1990 , the legislature has introduced facilitations for naturalisation.
In principle, the prerequisite for naturalisation is to secure one’s 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) (§ 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 German in a simple way in daily life (§ 10.4 sentence 3 StAG). Proof of knowledge of the legal and social system and of living conditions is also not required (§ 10.6 sentence 1 StAG).
What will change with dual citizenship?
Until now, naturalisation was only possible if the person wishing to naturalise had lost or given up his or her previous citizenship. Dual citizenship was therefore not possible (§ 10.1 sentence 1 no. 4 StAG, old version). Without relinquishing foreign citizenship, naturalisation was therefore normally not possible.
Due to the abolition of this regulation, people who do not want to or cannot give up their previous citizenship can now also be naturalized. Dual citizenship will thus be possible. In future, it will only depend on whether the citizenship law of the country of origin allows dual citizenship or whether the citizenship of the foreign state is lost when the German citizenship is acquired.
If German citizens acquire another nationality, this will be possible in future without losing German citizenship. A so-called retention permit according to § 25 StAG old version will no longer be necessary in the future. The statutory regulation on this does not apply.
Elimination of the option regulation for adult children
Likewise, the so-called option regulation according to § 29 StAG does not apply. According to this provision, children who were born in Germany but whose parents had a foreign nationality if the children had also acquired German citizenship through the provision of § 4.3 of the StAG had to choose between German and foreign citizenship when they reached the age of majority.
Such a decision is no longer necessary and dual citizenship is possible.
Do I have to be able to support myself?
Anyone who wants to become a naturalized citizen must be able to earn their own living. As a rule, this excludes the receipt of social benefits (§ 10.1 sentence 1 no. 3 StAG). In addition to the exception for former guest workers and contract workers (§ 10.1 sentence 1 no. 3 letter a) StAG), the Act provides for two further exceptions:
Naturalisation is possible if the person has been employed full-time for at least 20 months in the last 24 months (§ 10 para. 1 sentence 1 no. 3 letter b) StAG). In addition, naturalisation is possible for spouses and civil partners whose spouse or civil partner has been employed full-time for at least 20 months within the last 24 months and lives in a family relationship with a minor child (§ 10 para. 1 sentence 1 no. 3 letter c) StAG).
The new regulation on securing one’s livelihood represents a deterioration compared to the previous legal situation, since until now it depended on whether the receipt of benefits under SGB II/XII was attributable to the naturalisation applicant in the sense of fault. In any case, the provision is unlikely to be in conformity with the Constitution to the extent that it permanently excludes sick and disabled people from naturalisation.
What will change in the naturalisation of children born in Germany?
The acquisition of German citizenship for children born in Germany to foreign parents according to the place of birth principle (ius soli) will be facilitated. For the ius soli acquisition, a parent of a child born in Germany only has to prove a previous residence of five years instead of the previous eight years (§ 4.3 sentence 1 no. 1 StAG).
Another prerequisite for the acquisition of German citizenship for the child remains that one parent must be in possession of an unlimited right of residence (under EU law or settlement permit).
When is naturalisation excluded?
The naturalisation requirement that naturalisation applicants apply for naturalisation has been newly added.
- on Germany’s special historical responsibility for the National Socialist rule of injustice and its consequences
- especially for the protection of Jewish life
- as well as to the peaceful coexistence of peoples and the prohibition of waging a war of aggression
(§ 10.1 sentence 1 no. 1a) StAG). The consequence of this obligation is that naturalisation is excluded if there are factual indications that the commitment made to these objectives is incorrect in terms of content (§ 11 sentence 1 no. 1a StAG).
Prohibition of polygamy and commitment to equal rights
In addition, further requirements have been introduced that lead to exclusion from naturalisation. For example, marriage to several women leads to the exclusion of naturalisation (§ 11 sentence 1 no. 3 letter a) StAG). Such multiple marriage is alien to the German legal system and, in the opinion of the legislature, usually already allows for doubt about the recognition of equal rights for men and women.
Anyone who makes it clear through his behaviour that he disregards the equal rights of men and women cannot be naturalised either (§ 11 sentence 1 no. 3 letter b) StAG).
These two exclusions from naturalisation replace the previous very vaguely formulated requirement of “integration into the German living conditions” (§ 10.1 half-sentence 2 StAG, old version).
When will the new Nationality Act 2024 be introduced?
As of mid-February 2024 , the Act on the Modernisation of Nationality Law has already been finally adopted by the Bundesrat and the Bundesrat. 1 of the Act on the Modernisation of Nationality Law shall enter into force three months after its promulgation in the Federal Law Gazette. So far, the law has not yet been promulgated in the Federal Law Gazette, so the changes will not come into force until the end of May 2024 at the earliest .
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Conclusion:
- The Act on the Modernisation of Citizenship Law was passed by the Bundestag on 19.01.2024. The Bundesrat approved the law on 02.02.2024. After its promulgation in the Federal Law Gazette, the law will come into force three months later. The planned entry into force is therefore expected to take place at the end of May or in June 2024.
- Naturalisation will be accelerated: The previous period of residence for naturalisation will be reduced from 8 to 5 years and a “turbo clause” will be made possible. According to this, naturalisation can take place after 3 years under certain conditions.
- Facilitated ius soli acquisition: Children born in Germany to persons with foreign citizenship can now be naturalised more quickly. The legal previous residence in Germany will be shortened from 8 to 5 years.
- Lifetime achievement of the guest worker generation is recognised: Former guest workers and contract workers will receive relief from naturalisation, among other things by waiving proof of German language skills and eliminating the subsistence requirement.
- Multiple nationality should generally be possible: The regulation that naturalisation is only possible if the previous nationality is renounced will be repealed and dual citizenship will be made possible.
- No option regulation for children: The option regulation for adult children will be abolished and dual citizenship will also be made possible for children.
- Commitment to German history and the protection of Jewish life: The naturalization requirements are expanded to include a commitment to Germany’s historical responsibility, to the protection of Jewish life and to the recognition of equal rights for men and women.
FAQ:
When does the new citizenship law come into force?
According to Article 6 (1) of the Act on the Modernisation of Nationality Law, the amendments are to come into force three months after promulgation in the Federal Law Gazette. So far, the law has not yet been promulgated, so it is expected to come into force at the end of May 2024.
What changes are there regarding the duration of the previous stay?
The period of residence for naturalisation has been shortened from eight to five years. A u0022Turbo clauseu0022 allows naturalisation after just three years under certain conditions. The prerequisite for this is special integration services.
What facilitations are there for former guest workers and contract workers?
For former guest workers and contract workers, there are facilitations for naturalization, including the waiver of proof of German language skills and the waiver of the requirement to secure a livelihood.
Is it now possible to have dual citizenship?
Yes, dual citizenship is possible due to the abolition of the requirement to give up the previous citizenship. However, this also depends on the regulations of the country of origin as to whether naturalization removes the citizenship of the country of origin.
What will change for children born in Germany to foreign parents?
The acquisition of German citizenship according to the place of birth principle (ius soli) will be facilitated. One parent only has to prove a previous residence of five years instead of the previous eight.
What are the new requirements for naturalization?
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 the prohibition of marriage to several women.
When is naturalisation excluded?
Naturalisation is excluded, for example, if there are factual indications that the commitment to certain goals is incorrect in terms of content. In addition, certain behaviors such as multiple marriages or disregard for equal rights for men and women lead to exclusion.
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