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GERMAN CITIZENSHIP

What’s the latest on Germany’s plan to change dual citizenship laws?

Many readers are keen to know what's happening with Germany's long-awaited changes to its citizenship laws. So, what's going on behind the scenes - and when could the law be changed? We take a look.

What's the latest on Germany's plan to change dual citizenship laws?
A German and Turkish passport are held up in parliament in Kiel. Photo: picture alliance / Carsten Rehder/dpa | Carsten Rehder

When the traffic-light coalition pact was announced last November, the international community in Germany lit up with excitement at a number of planned liberalisations to citizenship law. In particular, the pledge to finally permit dual nationality was a huge relief to foreigners in Germany who had struggled with the idea of giving up their existing nationality to become German. 

Third-country nationals like Americans, Indians and Australians were given the hope of gaining EU citizenship, while tens of thousands of Brits were thrilled at being able to regain it. For the largest affected groups – the Turkish Gastarbeiter (guest worker) generation and their relatives – the change offered a chance to recognise both the Turkish and German parts of their identity.  

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Since the government has been in power, however, there hasn’t seemed to be much movement on the citizenship front. This has left many wondering whether the issue has been sidelined – and if the government still plans to introduce the changes.

The Local has been in touch with the Interior Ministry and migration policy experts within the traffic-light coalition to find out more. Until then, here’s what we currently know about the plans. 

What are the current rules around citizenship?

Currently, people who want to become naturalised citizens in Germany must prove that they have lived in the country for at least eight years, though this can be reduced to six years with advanced language skills and other signs of integration. 

For those who wait the full eight years, B1-level German is required, as well as proof of financial stability, “integration into German living conditions” and knowledge of German laws and culture, which is proved by taking a Citizenship Test. People from non-EU countries must also sign a form to say that they are happy to give up their previous citizenship, unless the country they’re from doesn’t allow them to renounce citizenship or they would suffer “financial hardship” from doing so. 

People who are married to a German citizen can apply for citizenship after only three years in the country (and two full years of marriage), but must also give up their existing citizenship if they are from a non-EU country. 

Children of German citizens, who are automatically entitled to citizenship, are lucky enough to be exempt from the ban on dual nationality, meaning they can keep two or more passports on a lifelong basis. People from other EU countries are also exempt. 

But for children of non-Germans and non-EU citizens born in Germany, the situation is a little more tricky: this group is only entitled to German citizenship if their parents have lived in the country for at least eight years and have permanent right of residence in the country. Even then, they must choose between German citizenship and their parents’ citizenship by the time they are 23. 

READ ALSO: When is my child entitled to German citizenship?

What are the planned changes to citizenship law? 

In its coalition pact, the government says it wants to develop a “modern citizenship law” that offers a much quicker and easier route to naturalisation for people who want to build a life in Germany.

Rather than having to wait eight years, people will be able to apply for citizenship after a maximum of five, while those who speak good German and are well integrated can even get hold of a German passport after as little as three years in the country.

For Turkish guest workers and their relatives, the path to citizenship will be made even simpler with easier language requirements. A “general hardship clause” will also be created to offer exemption from the language requirement in special cases. In addition, the government says it will replace the requirement for “integration into German living conditions” with what it describes as “clear criteria”. 

Most significantly for non-EU citizens, the coalition agreement states that the government will “permit the holding of multiple nationalities” – meaning there will no longer be any need to choose between one or more passports. 

The children of non-Germans will be granted automatic citizenship if their parents have lived in Germany for at least five years, and they can keep any other citizenships they hold on a lifelong basis. 

When will the law be changed?

In response to a question from The Local, an Interior Ministry spokesperson told us that the modernisation of citizenship law had “very high priority”.

“The careful preparation and implementation of this important reform project is in progress,” he told us. “However, it is not to be expected that the legislative project on the Nationality Act can be completed this year.”

When The Local spoke to MPs from the traffic-light coalition in January, migration policy experts explained that the reform would “definitely” be implemented within the four-year legislative period and that it was likely to be one of the first major projects of the 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 as one of the first big projects,” said Green Party migration spokesperson Filiz Polat. “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.” 

SPD politician Serpil Midyatli displays her Turkish and German passports

SPD politician Serpil Midyatli displays her Turkish and German passports. Photo: picture alliance / Carsten Rehder/dpa | Carsten Rehder

READ ALSO: When will Germany relax its dual citizenship laws?

Generally, legislation can take several months to be drafted, put to a vote in the upper and lower houses of parliament and tweaked in the committee and review stages. Then, of course, key questions need to be ironed out about how to implement the change. However, it’s not impossible that there could be significant movement on this in 2023. 

One issue that will need to be ironed out is how to avoid citizenship offices becoming overwhelmed with applications once the rules change. Around 11 million people currently live in Germany without citizenship, and if even half of these were to apply as soon as they could, it could easily lead to delays and bottlenecks. 

Once again, it’s unclear what the plans are to prevent this happening – if any – but we’ll be sure to update you on all of this as soon as we know more.

Will I be eligible for dual citizenship? 

If you’ve lived here for at least five years, can financially support yourself and speak at least B1 German, there’s no reason you shouldn’t be eligible for German citizenship.

If the language requirement is likely to be an issue, now may be the time to enroll in a course so that your skills are up to scratch by the time dual nationality is permitted. 

Students learn German in a classroom in Munich

Students learn German in a classroom in Munich. Photo: picture alliance/dpa | Sven Hoppe

Those who haven’t quite got five years under their belt may well be eligible by the time the rules change. If not, however, the duration of residence can be reduced to three years with a higher level of German (C1 or B2) and possibly an integration course.

We’ll be sure to explain the full criteria for applying for citizenship under the new rules as soon as we know it, but for now, eager would-be Germans can prepare by getting their paperwork in order (digging out old registration certifications and tax returns etc.), making sure their passport is still valid and brushing up on their German skills and the questions in the Citizenship Test (Einbürgerungstest). 

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

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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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