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EXPLAINED: What Germany’s new government means for citizenship and naturalisation

Reform to citizenship rules, including allowing for double citizenship, is one of the central planks of the new German government’s manifesto. Here’s what you need to know.

A picture of a German passport seen up close
Getting one of these bad boys just got a little easier. Photo: DPA

Germany’s new coalition government released its coalition agreement in November. It laid out its intention to “simplify the path to German citizenship” and move towards a modern citizenship law.

The agreement expressly states that it will allow for “multiple citizenships”, thereby relaxing existing rules which usually required people to give up their other citizenship if they wanted to become German. 

While the specific parameters of the policy have not yet been set in stone, several details have emerged so far. 

READ ALSO: Germany’s new coalition government to allow dual nationality

Here’s what you need to know. 

What has the government announced? 

In the lead up to the election, several parties had laid out plans for how to reform Germany’s citizenship rules. 

The coalition government, which was sworn in on December 9th, said it had developed a suite of policies which would “create a new beginning in migration and integration policy that does justice to a modern immigration country”. 

Significantly, the agreement states that the law will be changed to enable ‘multiple citizenships’, suggesting that the traffic light parties will permit dual nationality for non-EU citizens.

While holding dual nationality is permitted for citizens of other EU nations, for those from outside the bloc – generally known as ‘third-country’ citizens – this is only allowed in very narrow cases. 

This is the realisation of a long-desired policy change by the Social Democrats, who have been held back from expanding dual citizenship by the CDU for the past 20 years. 

This coincides with efforts at a state level to speed up administrative processes for gaining citizenship, for instance those in the capital Berlin. 

READ ALSO: What you need to know about the current dual citizenship laws in Germany

What are the specific policy proposals? 

Under the plan, children who are born in Germany will receive German citizenship if at least one of their parents have lived in Germany for at least five years.

The proposal also indicates that the language requirement for naturalisation among ‘guest workers’, i.e.  

The agreement will also shorten the time frame for applying for naturalisation to only five years – or three years in the case of special integration achievements.

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

Until now, non-Germans who are not married to a German could only apply for naturalisation after having continuous legal residence in Germany for eight years. 

This could be reduced to seven years with completed integration course, or six years with German language skills better than level B1.

READ ALSO: EXPLAINED: How German citizenship differs from permanent residency

Easier process for the guest-worker generation

The coalition has also laid out their intention to make naturalisation easier for members of the so-called “guest worker” generation which helped to rebuild the country after the Second World War. 

Guest workers were mainly Turkish workers from abroad who were recruited to work in industries such as agriculture, construction, steel, automotive and mining from the mid 1950s to early 1970s.

The agreement wants to “recognise the lifetime of achievements” of this generation, by lowering the language level that must be proven for this group, and by introducing a general hardship regulation for the required proof of language proficiency.

The coalition also intend to launch a campaign to inform people about the possibilities of acquiring German citizenship and to expressly welcome the holding of naturalisation ceremonies.

How will it work? 

The exact details of how the new framework will operate have not been indicated expressly, however once it comes into force, people will no longer need to decide whether to give up their other citizenship when undergoing the process of naturalisation. 

Currently, non-EU citizens who move to Germany and wish to obtain German citizenship are required to give up the citizenship they were born with, except for in a narrow minority of cases.

Dual British and German nationality
A dual British and German national holds up their passports. Under new rules, Brits will be able to take on German citizenship after living in Germany for five years. Photo: picture alliance/dpa | Holger Hollemann

They do this by ticking a box on their citizenship application form signally that they are willing to renounce all other nationalities.

Under the new framework, this box is likely to be removed, meaning non-EU citizens will be able to keep their third-country citizenship as well as acquiring German citizenship. 

‘Repatriation offensive’: What about asylum, deportation and refugee status?

The coalition agreement also lays out policy changes regarding asylum, refugee status and deportation, with the new government saying they are committed to “fair, fast and legal” asylum procedures in Germany. 

Put simply, there will be additional protections for people who cannot be deported, but deportation will be made easier for those who can be sent home. 

People who have not been awarded a residency permit but cannot be deported – i.e. those who have had their asylum application denied but who cannot be sent home due to conditions in their home country, i.e. ongoing war – will receive an “opportunity residence permit” (Chancen-Aufenthaltsrecht) provided they have lived in Germany for five years, speak German, do not have a criminal record and are committed to the free and basic democratic order in German society. 

This residence permit is probationary and will last for one year. 

The agreement also includes a ‘repatriation offensive’, which will speed up deportations of people with criminal records or those deemed dangerous. German authorities came under fire after the Berlin Christmas Market attack in 2016 when it emerged that the Islamist attacker had avoided a deportation order. 

Family reunification will also be expanded for refugees. 

READ ALSO: What Germany’s coalition proposals mean for citizenship and immigration

Please note, this report is intended as a guide only and should not take the place of legal advice from a qualified person. 

Member comments

  1. This is great news. Does anyone know if the rules have changed if you are married to a German? How soon can citizenship be applied for then?

    1. Would like to know this too. Plan to visit local authority early next year. If i find out anything useful will post back

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DRUGS

Is Germany ready for the arrival of cannabis clubs?

The second part of Germany's cannabis legalisation law, which allows for the launch of cannabis clubs comes into effect on July 1st. But a number of questions may leave club founders stalled for months.

Is Germany ready for the arrival of cannabis clubs?

From July 1st, the next phase of the cannabis law will come into force, which allows for the founding of “cannabis clubs” in Germany.

But the law, as it stands, is creating more questions than answers for many cannabis club founders across the country.

Questions around which authorities are responsible for approving clubs or regulating their activities remain.

Investors and club organisers are also unsure how quickly legal approval will be granted, with some speculating that operations may not legally begin until 2025.

Cannabis clubs to open from Monday (in theory)

According to the federal law, cannabis clubs may start their activities as soon as July 1st. 

These regulated associations will be allowed to have up to 500 members each, and will be able to grow and distribute up to 50 grams of cannabis per person per month.

But the reality is that cannabis clubs can submit an application for approval on July 1st, and then must wait for a permit to be granted before they can begin cultivating cannabis.

The health policy spokeswoman for the FDP, Susanne Schneider, criticised what she sees as unnecessary delays to rolling out the new rules. She told the Rheinische Post, “Although applications can be submitted from July 1st, it is completely unclear when permits will be granted and cannabis will actually be available – that could take months,” 

According to the cannabis legalisation law, the regulating authorities have a maximum of three months to approve or deny a club’s application. 

But depending on which region a club is in, there are still open questions about how and to whom applications should be submitted.

Cannabis regulation to be governed regionally

Adding to the confusion is the fact that these kinds of regulations are determined by state government agencies in Germany.

According to the law, district governments, state agencies for nature, environment and consumer protection, and the chambers of agriculture will be responsible for monitoring clubs and enforcing rules for cultivation and distribution of cannabis. 

But it’s not clear in every case where a cannabis club organiser should send an application. 

In Brandenburg, applications will be reviewed by the state’s Office for Occupational Safety, Consumer Protection and Health (LAVG), but according to reporting by Berliner Zeitung, the relevant authority in Berlin is still unknown.

cannabis

Cannabis clubs with up to 500 members may soon cultivate and distribute cannabis in Germany. Photo: picture alliance/dpa/SOPA Images via ZUMA Press Wire | Nathalie Jamois

Sascha Siebenäuger, Chairman of Sieben25 (a cannabis club to-be), suggests that information has been sparse but he doesn’t blame the authorities. 

Speaking to Berliner Zeitung, Siebenäuger noted that there are no existing models for fair and regulated cannabis distribution in Germany. With that in mind he expected some bumps in the road: “The task of the clubs to come to terms flexibly with the authorities,” he said. “The focus is on controlled dispensing whenever it becomes reality.”

Due to uncertainties around the process of registering as a club, Siebenäuger hasn’t opened up membership to the general public yet, despite already having a property lined-up where he intends to cultivate cannabis soon.

But these uncertainties haven’t stopped other clubs from accepting paying members who are eager to sign-up ahead of the expected rush.

Some associations in Munich reportedly received thousands of applicants in April, as legalisation was initially coming into effect in Germany.

What do we know about the coming cannabis clubs?

When exactly cannabis clubs will begin operations is still unclear, but a couple things about them are certain.

Firstly, they can have up to 500 members, and can collect membership fees (collected monthly or annually) to fund club activities. Members need to be German residents who are 18 years or older.

Second, these won’t be smoking clubs – members will not be allowed to smoke weed on the club premises or within 100 metres of their doors. Instead they can be thought of essentially as farming and distribution clubs.

More information about cannabis clubs is compiled and updated by the German Cannabis Social Clubs Association (CSCD).

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