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IMMIGRATION

When will Germany relax its dual citizenship laws?

Many foreigners and people with migrant backgrounds in Germany are eager to know when the new government will get to work on relaxing its citizenship and naturalisation laws. Caitlin Hardee spoke to MPs to find out their plans and what we can expect.

The German flag hangs on the wall during the naturalisation ceremony for more than 2,500 people at the Paulskirche church in Frankfurt
The German flag hangs on the wall during the naturalisation ceremony for more than 2,500 people at the Paulskirche church in Frankfurt in January 2018. Photo: picture alliance / Fabian Sommer/dpa | Fabian Sommer

In the run-up to the German federal election in 2021, The Local reported on political parties’ stances on multinationality, and the chances that more liberal citizenship plans would survive coalition talks in various constellations.

At the time, it seemed like a long shot – only a couple of the many possible coalitions agreed on the question, and it appeared like a niche piece of legislation likely to be lost in horse-trading over more hot-button issues like climate, transport and housing.

However, as the prospects of the so-called Ampel – traffic light – coalition solidified, Germany’s international community (including readers of The Local) found itself watching the talks with bated breath – perhaps Germany really could relax its strict citizenship and naturalisation happen.

And on November 24th 2021, Denglisch Twitter – and beyond – exploded in delight. Despite having to wrangle hundreds of pages of party programmes with wide-ranging priorities, the Social Democrats (SPD), Greens and Free Democrats (FDP) revealed that they hadn’t forgotten the citizenship issue in their months of negotiations. 

In the final draft of the coalition contract, under the section Equality and Diversity (Gleichstellung und Vielfalt), stood a few clear-eyed paragraphs announcing the intention to embrace a more modern immigration and citizenship policy.

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

The coalition said there would be simpler and faster paths to naturalisation – in most cases after five years (instead of eight), and in cases of exceptional integration after three years, with permanent residency also available in standard cases after three years.

And the biggest paradigm shift: an end to Germany’s long-held aversion to multi-nationality.

Despite a patchwork of loopholes for EU citizens, nationals of states which disallow renunciation, and other third-state nationals creatively cobbling together arguments for hardship exceptions, Germany’s fundamental stance was, until now, to avoid dual citizenship whenever possible.

Under the new government, however, multinationality will be recognised and accepted on principle, both for children born in Germany, who will no longer have to choose one passport, and for first-generation immigrants.

When can we expect the law to be changed?

After the celebration subsided, however, many questions remained: when will this intention crystallise into law? Is it a sure thing? We reached out to experts in all three parties for comment.

Regarding the timeframe, it’s rare that significant reforms make it from drawing board to law-of-the-land in a matter of a few months, but what about years? Can immigrants count on dual citizenship in the next one to two years, or will it be further down the road?

READ ALSO: How I got German citizenship – and how you can too

The politicians from the three different coalition parties we spoke to stopped short of pinning down the specific timeline. But all three reinforced their commitment to pushing the reform through parliament as quickly as possible, with signs it will be one of the “first big projects” of the government.

Filiz Polat, member of the Bundestag and Green Party spokesperson for migration and integration policy, spoke about the atmosphere of momentous change afoot in the new coalition. 

“Our intent as Green parliamentary group, and I think we’re united in this with our coalition partners in parliament, is to encourage the new Federal Minister of the Interior [Nancy] Faeser to implement this (citizenship and immigration changes) as one of the first big projects,” said Polat.

Filiz Polat stands in an office
Filiz Polat, member of the Bundestag and Green Party spokesperson for migration and integration policy, Photo: Stefan Kaminski

“No small number of people in Germany have already been waiting a very, very long time for the possibility of naturalisation with acceptance of multinationality,” Polat emphasised.

Dr. Karamba Diaby, Integration Commissioner of the SPD parliamentary group, and like Polat a member of the relevant negotiation team during coalition talks, agreed with this assessment.

“The corresponding ministry will certainly get to work without delay,” said Diaby. “I am confident that we will do it this legislative period (four years), as swiftly as possible.”

Stephan Thomae, Vice Chairman of the FDP parliamentary group, pointed out the binding nature of the coalition contract as a mandate to produce according legislation, meaning that it is certain to happen. 

“The parliamentary groups will ensure that this reform doesn’t disappear into a drawer somewhere,” he said.

Previously, the FDP had spoken to The Local about the critical need for a sea change in immigration policy, to attract more workers, revitalise the labour market and keep the pension system afloat.

Stephan Thomae, Vice Chairman of the FDP parliamentary group. Photo courtesy of Stephan Thomae

Christian Dürr, now Chairman of the FDP’s parliamentary group, criticised the way that complicated laws and mountains of paperwork sabotage efforts to encourage immigration.

In his first speech on the Bundestag floor during the new legislative period, Dürr reiterated the commitment of the traffic light coalition to transform Germany into an open, modern society of immigration.

The universal recognition of multiple citizenships is a key part of that vision. “Multinationality makes it possible for many people to retain their personal and cultural ties to their homeland,” added Dürr’s FDP colleague Thomae.

“It also avoids the incursion of legal repercussions that can be connected with renunciation of the old citizenship, such as with inheritances or property ownership. Above all, it should remove barriers to becoming German.”

Overcoming decades-long blockades

Polat and Diaby also contextualised the significance of this impending legislation, as successor to the reform in 2000 under the last SPD/Green federal government formation, which ended the primacy of jus sanguinis (a rule that means a child’s citizenship is determined by their parents’ citizenship) and advanced the principle of jus soli (gives the right of anyone born in the territory of a state to nationality or citizenship).

In the subsequent decades, resistance by the governing conservatives prevented their partners in the SPD and FDP from continuing with further significant liberalisations.

Dr. Karamba Diaby, Integration Commissioner of the SPD parliamentary group, speaks at a party event in Magdeburg in 2021.
Dr. Karamba Diaby, MP and Integration Commissioner of the SPD parliamentary group, speaks at a party event in Magdeburg in 2021. Photo: picture alliance/dpa/dpa-Zentralbild | Ronny Hartmann

“I’m truly glad that we have succeeded in overcoming, with the coalition contract, this blockade that existed under the previous coalition partners, that we have made a clear commitment to dual citizenship,” said the SPD’s Diaby.

“We’re going a step further, we’re not just strengthening the principle of jus soli, we also want to do justice to our status as a society of immigration, by recognising and making multi-nationality possible,” added Polat, of the Greens.

It hasn’t been an easy road. “There were always social and political confrontations regarding the nationality law, precisely because it is an expression of what it means to embrace a society of immigration,” elaborated Polat. “Germany, or a part of Germany, especially on the conservative side, has always struggled immensely with this, and still does, one must say.”

Sweeping changes

But despite this pushback, Polat sees a clear mandate to the newly elected coalition from a society which increasingly supports immigration and diversity, to pursue and implement progressive citizenship policy.

“Not just in the interest of those who themselves have migrated and their children, but also as an advantage for Germany, an exporting country, a key player within the European Union, and in the ever-further globalising world,” said Polat.

The shift in federal policy will bring sweeping changes for many demographics – from children born in Germany, to ageing alumni of guest worker programmes, to third-state nationals immigrating to Germany today.

“The possibility of retaining both passports is already a matter-of-course for EU citizens, and is an expression of a unified Europe,” Polat pointed out.

For her, the discrepancy is a clear argument for universally permitting multi-nationality, “for all people who have also become part of this society, who have lived here a long time and already meet the prerequisites for naturalisation, but consciously choose not to become citizens, because they would have to then renounce their original citizenship”.

Children with at least one parent residing legally in Germany for five years or more will become German citizens at birth. “We will definitely abolish the previously existing compulsory choice between citizenships,” said Diaby.

A person holds a German passport.
A German passport. It could be easier to get one soon. Photo: picture alliance/dpa | Fabian Sommer

‘You belong to Germany’

Adding to the sense of urgency is the need to pass legislation in time to make a difference for more senior immigrants.

“This impacts many members of the so-called ‘guest worker’ generation, which is also, so to speak, quite old, at least the first generation,” said Polat.

“For those who have a considerable interest in being able to be naturalised with retention of multi-nationality, this would also be a special recognition of their lifelong contributions.”

Equally impacted and often forgotten are the former contract workers of East Germany, who held a similar role to the guest workers in the West, pointed out Diaby.

“We want to send the message to people, you belong, you can become citizens, the requirements aren’t so strict anymore,” he said.

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

Keep an eye on thelocal.de for further articles on how foreigners are affected by these planned changes, and your thoughts on relaxing citizenship laws.

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For members

GERMAN CITIZENSHIP

When to consider legal action for your German citizenship application

German authorities, lawyers, and foreigners living in Germany are anticipating a deluge of citizenship applications when new nationality rules take effect on June 26th. When might a long wait be worth considering legal action?

When to consider legal action for your German citizenship application

Aside from allowing multiple citizenships, the new rules also make naturalisation possible after the applicant has lived five years in Germany rather than the current eight.

Andreas Moser, a Chemnitz-based immigration and family lawyer who runs a popular blog on German citizenship, says it’s still hard to say what exact effects the new rules may have on wait times. That’s because although the volume of applications is likely to increase, the most complicated and time-consuming part of many applications historically has been when an applicant petitions to keep their previous citizenship.

With that step no longer necessary, Moser expects the amount of time needed to process individual applications to go down – even as the volume increases. That doesn’t mean waiting forever though.

EXPLAINED: How to get a speedy response on your German citizenship application

So when should your patience run out?

How long should you wait before raising a legal fuss?

Moser says a good rule of thumb is to be patient for at least three months. If you file your application and receive no response or update by then, you should consider sending the authorities a letter requesting an update or a timeline.

At the end of your letter, you might even choose to threaten to file an Untätigkeitsklage if you don’t get a response within two months.

READ ALSO: Elation and worry as German citizenship law passes final hurdle

Wait! What’s an Untätigkeitsklage?

Roughly translated, an Untätigkeitsklage is a legal complaint for an administrative authority’s “failure to act”.

You can file such a complaint with a Verwaltungsgericht – or administrative court – if a German public authority hasn’t responded to you within three months. That said, Moser recommends waiting for at least three months to threaten one and around six before actually filing one – as your case will be stronger. You can file an Untätigkeitsklage for any process that’s held up before a German authority – whether that’s a building permit, or a citizenship application.

“The Untätigkeitsklage is honestly something that sometimes does help,” Moser tells The Local. “If a citizenship office receives an Untätigkeitsklage through the administrative court, they have two options. One is, they reply to the administrative court and say ‘sorry, we have a huge backlog, personnel issues – we’re working on it.’ The second option is they say ‘okay, now this is getting serious – we may as well look at the file and do it.'”

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

Moser says even if your Untätigkeitsklage is successful, you’re realistically waiting at least another two months from when you file it.

“But at least it’ll get moved to the top of the pile. You might get more attention if you file one,” he says. “Even if the citizenship authority replies to the court with that vague answer of ‘we’re working on it’ – the court may still give them a deadline.”

German Word of the Day: Untätigkeitsklage

Such deadlines will give typically give the authority at least two months to act. However, German administrative courts have consistently ruled that a lack of staff isn’t typically enough justification for a delayed application. The only exception to this is if the personnel shortage is “surprising”.

“But this isn’t surprising. You can see this coming. This law has been discussed and debated for two years now,” says Moser.

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

When – and how – should you actually file an Untätigkeitsklage? What does it cost?

Moser says that if you threaten an Untätigkeitsklage in your follow-up letter after three months, but receive a response including a defined timeline of when you might be able to expect progress on your application – you can take that as evidence that your threat worked and you can probably avoid actually filing one.

If, however, their answers are vague, you can threaten to file one more time at six months – or actually go ahead and file. That said, actually filing an Untätigkeitsklage is a more complicated endeavour and there’s a few things to be aware of before you do, including costs and even required expertise.

First up, you will have to pay around €500 in court fees upfront – even if you choose to file it yourself. If you retain a lawyer to file one, you could be looking at around €1,000 in additional upfront legal costs. It’s important to note here though that you will get this money back if you actually win your case before the administrative court – with the negligent authority having to foot your fees. This is one of the reasons threatening to file an Untätigkeitsklage may actually spur your local authority to act before you actually have to file.

Immigration office Berlin

People wait outside of an immigration office in Berlin. The current backlog of German citizenship applications already has some eligible applicants waiting for over two years for their German passport. Photo: picture alliance/dpa | Britta Pedersen

“Responding to an Untätigkeitsklage – or even the threat of one – also costs the caseworker so much time that they may as well just process the application because that’s faster,” says Moser. “I myself typically have the most success when I inform the authority that I’m about to file. I rarely have to actually file it.”

Moser advises that you shouldn’t feel the need to retain a lawyer to simply threaten your responsible German authority with an Untätigkeitsklage in letters to them. However, he recommends that you contact one if you actually do wish to file.

“If you file, you’ll have to go to German court and argue German administrative law. That’s challenging even for people who speak German very well as you need to also make legal arguments. You may as well hire a lawyer to actually file it. But I don’t think you need a lawyer to threaten them beforehand,” says Moser.

READ ALSO: How much does it really cost to apply for German citizenship?

How likely are you to win an Untätigkeitsklage case?

You’re most likely to win your case if you can demonstrate that you filed a complete and organised application. The more complicated or disorganised your application – the more likely the government can claim the defense that your case requires more time because it’s complicated.

You’re likely to lose an Untätigkeitsklage case if your application is missing required information or documents – as the government then has a valid defence.

READ ALSO: What documents should you get after obtaining German citizenship?

When else should you consider consulting a lawyer on your citizenship case?

Moser says most German citizenship cases are fairly straightforward and well-organised applicants should be able to get by in a reasonable time without a lawyer – even if they and up having to threaten their local authorities with an Untätigkeitsklage.

However, certain complex cases might benefit from having a more trained legal eye on them.

These include criminal convictions that are still on your record in Germany and carry a sentence of above 90 days.

“Above that there’s a grace period of another 21 days where it’s up to discretion. I currently have a client who was sentenced to 110 days for a non-violent crime with no drugs involved,” he says.

Another example might be if you have an uncertain period of residence, as might happen for cross-border workers or people who travel back to their home country for an extended period of time to care for an ailing relative, for example.

“These are the cases I would recommend people come in and see someone like me.”

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

Note: The Local’s guides are intended as a rough guide only and not as a substitute for legal advice.

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