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IMMIGRATION

INTERVIEW: ‘Changing German citizenship laws is a priority’

Germany's new coalition government is planning major reforms of the country's citizenship policies. The Local spoke to the FDP's immigration policy expert Dr. Ann-Veruschka Jurisch about when - and how - people can expect the rules to change.

British and German dual nationality
A newly naturalised British/German dual national holds up both of their passports. Photo: picture alliance/dpa | Holger Hollemann

For several years – if not decades – citizenship has been an area in German politics where very little has been allowed to change.

Though the Social Democrats (SPD) governed for years as the junior coalition partner of the conservative CDU and CSU parties, they were generally blocked at every turn when trying to offer more routes to citizenship. 

Instead, the country kept strict rules banning dual nationality in place, and has continued to have long residency and strict language requirements in place. As a result, Germany has had some of the lowest levels of naturalisation in the EU, with people waiting an average of 17 years before they apply for citizenship.  

This all changed when the Social Democrats (SPD), Greens and Free Democrats (FDP) formed their ‘traffic light’ coalition.   

“Even before the elections took place, we all thought citizenship should be reformed, so there was no major discord between the coalition partners on this issue,” FDP migration policy expert Dr. Ann-Verushka Jurisch told The Local.

“Migration in general was an easy topic because we all think we are an immigration society.”

This, as Jurisch points out, is in stark contrast to the CDU/CSU parties, who have for a long time been reluctant to give immigrations an easier path to becoming German. 

“They think we have a more mainstream German culture,” she said. “Whereas we think we are an open society who should be open to everybody who wants to be part of the project we call Germany.”

That’s why, when the 144-page coalition agreement was released in November, it revealed that a major overhaul of the status quo was coming.

READ ALSO: In limbo: Why Germany’s reform of dual citizenship laws can’t come soon enough

FDP MP and migration expert Dr. Ann-Veruschka Jurisch

FDP MP and migration expert Dr. Ann-Veruschka Jurisch. Photo: Laurence Chaperon

In a key passage that caught the attention of internationals in Germany, the new coalition pledged to create a “modern citizenship law” that would permit allowing the holding of multiple citizenships and “simplify the route to obtaining German citizenship”.

It also pledged to reduce the years of residence needed for citizenship from eight years to five – or three for people who are “exceptionally integrated”. 

Another, slightly more cryptic passage, declared that the current requirement of proving “integration into German living conditions” would be replaced with “clearer criteria” – though Jurisch was unclear about whether this would amount to a major change in the documentation migrants require to naturalise in Germany. 

“I must be quite honest, I do not know if there are really big shifts or changes planned,” she said. “I think, of course, citizenship must be bound to some criteria – but there is a general sense between the coalition partners that we shouldn’t give immigrants too much of a tough time.” 

One thing is clear: the current integration courses and language requirements will remain in place for most people. 

“Language and integration courses will certainly still be part of the game because I think it’s important to communicate certain things about Germany and to me, it makes sense,” Jurisch explained.

But the question is whether the integration courses and the language requirements are there as an obstacle or there as a door that people want to go through. For the coalition it’s more about creating a door rather than an obstacle, and I think that’s one of the major policy shifts that is going to take place.”

Law to change ‘by 2023’ 

Around 14 percent of the population – 11.8 million people – currently live in Germany on a foreign passport.

A proportion of these are EU citizens, who are able to keep their existing passport when they become German, but a large number are from non-EU countries and face the prospect of renouncing their existing citizenship if they want to naturalise.

When The Local conducted a survey on the changing rules back in January, 90 percent of respondents said they wanted to apply for German citizenship – with 78 percent saying they were holding off until the rules were changed.

New Germans sit holding their declaration of allegiance to Germany

New Germans sit holding their declaration of allegiance to Germany. Photo: picture alliance/dpa | Matthias Balk

READ ALSO: ‘I finally feel at home’: How Germany’s planned changes to citizenship laws affect foreigners

So, when exactly will all these modernisations of Germany’s nationality law take place? 

“At the moment, negotiations are taking place between the coalition partners because every coalition partner has their own prioritised projects,” Jurish revealed.

Changing the citizenship law is a prioritised project of the Social Democrats (SPD) and as it happens, the Interior Minister is also from this party. So it’s very likely that the timeline that the minister has suggested – which indicates that it’ll be done at the end of this year – will actually happen.”

When The Local spoke to the Interior Ministry back in April, they were less optimistic about the deadline, with a spokesperson playing down expectations that the new laws would come into force in 2022.

But it appears that the ball is already rolling and that the beginning of 2023 could be a realistic timeframe.

“This is one of the very prioritised projects of the SPD,” Jurisch reiterated. “I think it’s a very valid, important issue, and one that matters to all three partners.”

Lowering the threshold

Despite the urgent appetite for reform within the coalition, there are a number of smaller details that need to be worked out before a new law can be drafted.

In particular, the FDP is keen to ensure that people don’t end up accruing multiple passports over multiple generations.

That means, for example, that first-generation migrants and their children would have a claim to dual nationality, but grandchildren and great-grandchildren will likely still be asked to choose between German nationality and that of their grandparents.

Another task facing the Interior Ministry is to introduce a “hardship clause” that would exempt certain people from the current B1 language requirement in the citizenship application. 

“The starting point is our commitment to the very fact that we are an immigrant society with all its positive implications,” said Jurisch. “And this also means embracing the guest worker community, some of whom maybe came to our country decades ago and still have problems, for example, with the language. And this is an obstacle to becoming a German citizen.

Citizenship test Germany

An applicant for German citizenship takes the citizenship test in Bavaria. Photo: picture alliance/dpa | Lino Mirgeler

READ ALSO: Reader question: When will Germany change its citizenship laws?

“We would like to lower the threshold for those people because I think it’s kind of unjust to say, you’ve been here for 30 years but don’t speak the language, so sorry, we don’t want you.”

A run on passports

Another key issue is that, even at current levels of demand, it can take months or even years for Citizenship Offices to process applications.

This is in part due to the size of the respective migrant communities in different areas, and in part due to the fact that Germany is – in Jurisch’s words – “lagging behind” on digitalisation. 

When the doors finally open up to millions more people at the end of the year or start of next, there could be some very long queues. 

“I’m very sorry to say that a lot of things have been left undone over the past 16 years, especially within the field of digitalisation and in terms of accelerating administrative processes,” Jurisch said. “I think it’s a really bad thing because there will be a run (on citizenship), and processes will be slow.”

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

Since digitalisation projects tend to take several months or even years, Jurisch believes it’s unlikely that much progress will have been made on modernising the citizenship application process by the time the laws are changed. 

“So I think it will be a little bit messy,” she added. 

A newly naturalised German citizen holds his certificate of naturalisation

A newly naturalised German citizen holds his certificate of naturalisation. Photo: picture alliance/dpa | Julian Stratenschulte

When it comes to the day-to-day issues like the staffing and management of the Citizenship Offices (Einbürgerungsbehörden), these are further out of the federal government’s control, as they tend to be run by the municipalities. 

“But this is something we’ll have to take into account when changing the law,” Jurisch said. 

Despite the potential waiting times, many migrants are simply happy to see a shift under the traffic-coalition from policies that have made many feel shut-out of German society to policies that have made them feel more welcome – and more seen.

“It’s a major shift in policy, to try to say we are an immigrant society,” Jurisch said. “And to say that we must make sure that people can become German citizens more easily if they want to.” 

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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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