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EU court rules against German language test

The European Union Court of Justice ruled on Thursday that Germany couldn't make spouses of Turkish residents take a German language test to receive a visa.

EU court rules against German language test
German skills are no longer demanded of Turkish spouses. Photo: DPA
Since 2007 Turkish men or women who wanted to join their spouses already living in Germany have been required to demonstrate basic German language proficiency to move to the country.
 
The court ruling is the result of a two-year legal battle by the wife of a Turkish businessman living in Germany to be allowed to join him.
 
In January 2012, the German embassy in Ankara refused again to grant the woman, Mrs Dogan, a visa for the purpose of joining her husband who had lived in Germany since 1998, on the grounds that her German was not good enough. 
 
But on Thursday the EU court ruled that the German language requirement violates agreements Turkey made in the 1970s within the European Economic Community (EEC), the predecessor organization to the EU.
 
Under the EU-Turkey agreement no new restrictions were allowed to be put on freedom of movement. 
 
The court agreed that the 2007 introduction of the language test sought to prevent forced marriages and to promote integration, but added the test would mean someone might be forced to choose between their work in an EU member state and their family. 
 
The judgment read that the German language requirement was "contrary" to EU law. However, the ruling only affects Turkish people and not the German language test for immigrants.
 

 

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GERMAN CITIZENSHIP

CHECKLIST: What do I need to apply for German citizenship under the new law?

Now that the German Bundestag has passed its draft law to allow dual citizenship, many long-time residents are now anticipating when they can naturalise as German while keeping their current passport. What documents do people need to apply?

CHECKLIST: What do I need to apply for German citizenship under the new law?

It’s not 100 percent clear entirely when the new law will actually come into effect, although it’s expected to officially hit the German nationality rulebook sometime this spring.

Some people – especially those in places like Berlin or Munich that have long waiting times for citizenship applications – are already starting the process. These people anticipate that by the time their application gets far enough along that they would normally be required to renounce their current citizenship, the new law will have already passed.

Others are opting to wait until the new law is in effect. These include people who’ve been resident in Germany for over the five years the new law will require but for less than the eight the current law demands – as well as people who live in areas with fast citizenship application processing times.

But even if you’re electing to wait, there’s still some requirements you can check and some documents you can pull together, using our citizenship checklist here.

The new law has both a standard track and a fast track to citizenship by naturalisation. All these items apply to both standard and fast track. If an item applies to fast track only, we mention it specifically. Furthermore, the language and citizenship test requirements don’t apply for people who naturalise if they’re aged 67 or older.

READ ALSO: German parliament passes landmark dual citizenship reform

Your German Citizenship Checklist:

  • Legal Residency Period
  • Sufficient German Language Skills
  • Passing the German Citizenship Test
  • Ability to Support Oneself
  • Record Clear of Serious Criminal Convictions and Hate Crimes
  • Forms, Documents, and the Fee

Bundestag debating chamber

The German Bundestag passed a landmark citizenship reform bill on January 19th, 2024. However, it still must pass the country’s upper chamber and is expected to go into effect only from spring 2024. (Photo by Tobias SCHWARZ / AFP)

Item One: Legal Residency Period

Under the new law, you will need to have been legally resident in Germany for at least five years. This is down from the currently required eight years, with legal residence referring to having lived in Germany on a valid residence permit. Note that people who have been in Germany on different residence permits in that time – for example on an EU Blue Card for two years and then permanent residence for three years – would be eligible to apply for German citizenship.

Those who have been legally resident in Germany for at least eight years – or for seven if they’ve passed a German integration course – can start their applications now and stall them at the point where renunciation becomes necessary. That’s if the application even gets that far before the new law becomes official. Those who have been resident for more than five years but less than eight though, will still need to wait until the new law officially takes effect.

KEY POINTS: What you need to know about Germany’s citizenship law reform

Aufenthaltstitel

A German residence permit or ‘Aufenthaltstitel’. You’ll need to show at least five years in residence under the new law before you can apply for German citizenship. Photo: picture alliance/dpa | Daniel Karmann

The five-year rule will also apply to children born in Germany to foreign parents. Those children will be eligible for citizenship by being born in Germany – provided at least one of their parents has been legally resident here for at least five years.

Meanwhile, spouses of German citizens who have lived in Germany for at least three years are already eligible for naturalisation – and this remains the same under the new law – provided they fulfil all the other requirements.

Under the new law, especially well-integrated applicants may be able to naturalise after three years of legal residence, rather than the six years required under the current fast track system. But they’ll need to fulfil a few extra conditions, which we explain further in this checklist.

You can prove your residency information with copies of your registration (Anmeldung), residence permit, and other similar documents.

READ ALSO: ‘I’ll be proud to finally become German’: Foreigners react as dual citizenship law passes

Item Two: Sufficient German Language Skills

You’re going to need to demonstrate at least a B1 level of knowledge in German to be able to qualify for citizenship.

This is the third of six possible levels and those who complete B1 are typically classified as intermediate speakers who would be able to independently use the language. This means a B1 speaker would typically be able to handle aspects of their daily life – from making and keeping their appointments, to dealing with the authorities, to managing fluent conversations in their areas of interest without the aid of a translator.

B1 speakers aren’t generally expected though, to have advanced enough German knowledge where they could attend university courses or understand complex political debate without help – though they should be able to read some German newspapers – particularly tabloids that tend to favour simpler language.

READ ALSO: How long does it take for your German to be good enough for permanent residency and citizenship?

To certify your knowledge, you’re going to need to pass an accredited exam of at least B1 level. You can generally take these exams at a Volkshochschule or at an accredited language school – often for a fee. You can, however, book and pass this test even before you become eligible – allowing you to apply the day you hit five years if you want to.

A written test is part of the B1 language exam, required for German citizenship on the standard track. (Photo by THOMAS COEX / AFP)

People going through the fast-track process will need to pass the much more advanced C1 language exam – the second-highest possible level and one requiring much more academic vocabulary. In addition to passing C1, they’ll need to demonstrate extraordinary professional, volunteer, artistic, or other achievements proving their record of integration and service in Germany.

To prove all this language knowledge, prepare an official copy of your test results. Those aged 67 and older who naturalise under the new law will be able to do so without a language or citizenship test – provided they can communicate with the authorities orally without a translator.

READ ALSO:

Item Three: Passing the German Citizenship Test

In addition to your language test, you’ll need to make an appointment for – and pass – the German citizenship test. Similar to the language test, you can do this before you hit your five years – so you can theoretically apply the day you become eligible.

The test consists of 33 questions about life in Germany and can cover themes ranging from German politics to history, art and more.

30 of the questions are general for all of Germany and the remaining three are generally specific to the German state you live and are applying in. You’ll need to answer at least 17 of them correctly to pass.

READ ALSO: What I was asked about in my German citizenship test

Citizenship test

A woman completes the German citizenship test. Photo: picture alliance/dpa | Lino Mirgeler

If you do pass, you should get an official document noting your results to include with your citizenship application.

Again, those ages 67 or older don’t have to supply this test result under the new law.

TEST: Could you pass the German citizenship exam?

Item Four: Ability to Support Oneself

Under the new law, you need to prove that you’ve not collected unemployment benefits and have supported yourself for at least 20 months out of the previous 24 before you apply.

Although the authority you apply to may check and verify this themselves using your tax ID number, collecting tax returns, or documentation from your health and social insurer can’t hurt.

If you’re a freelancer, you’ll probably need to head to a professional tax consultant who can issue a proof of income document your caseworker will accept, with the cost of this ranging into the hundreds of euros.

If you own your own home rather than renting it, you may need to get a Grundbuchauszug – or a land registry document proving that you own the property. This is usually between €10 and €20 though.

Reader Question: Can I still get German citizenship after claiming benefits?

Item Five: Record Clear of Serious Criminal Convictions and Hate Crimes

Under both the old and the new law, you need to not have a criminal record in Germany – or indeed another country – of a criminal offence that would normally carry a prison sentence of at least 90 days, in order to naturalise as German.

The most serious of offences would permanently bar someone from taking German citizenship. Some lesser ones though, will no longer count after a certain period of time has passed since the end of the sentence – typically at least 10 years.

READ ALSO: Which criminal convictions could get you barred from German citizenship?

The German authorities will check the German criminal register themselves for your name – but they may also check foreign ones. If you lie about previous criminal offences, you may end up being permanently barred from citizenship. They will also check for extremist activity.

A German police car in May 2023. German criminal registries record convictions for at least ten years – and longer for more serious crimes. As long as someone is in the registry for a crime carrying a sentence of longer than 90 days – they generally can’t naturalise as German. Photo: Thomas KIENZLE/AFP.

The new law in particular takes a hard line against anti-Semitism and other hate crimes – and requires applicants to swear to uphold the principles of the German Basic Law – including equality between men and women. Anyone who doesn’t make this declaration or who is found to have committed certain hate crimes can be permanently barred from taking German citizenship.

READ ALSO: Could your political views bar you from German citizenship?

Item Six: Forms, Documents, and the Fee

Other than the registration, residency permits, financial documents, and test results already mentioned, you’ll need a few other documents.

Most notably, you’ll need to fill out your application form and may need to supply another valid form of identification alongside your residence permit – such as your existing passport. You’ll need a valid passport photo. You’ll also need to provide certified copies and potentially translations of your birth certificate and marriage certificate, if applicable.

Be sure to check with the local authority of where you’re naturalising, as they may have their own requirements covering how you send them documents.

Finally, the standard fee to apply for naturalisation as a German citizen is €255, with an additional €51 for each dependent child.

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