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GERMAN CITIZENSHIP

German citizenship: Can people who apply before the law changes get dual nationality?

Germany is set to permit the holding of multiple nationalities in the near future - but what happens to people who are applying now, or who have already given up their old citizenship?

A German passport on a desk
A German passport on a desk. Photo: picture alliance/dpa | Matthias Balk

Foreigners in Germany are eagerly awaiting a key change in citizenship law that will finally allow non-EU citizens to apply for a German passport and also keep their existing one. 

This week, The Local revealed that a debate on the new Citizens’ Act is scheduled in the Bundestag for December, with the changes likely to come into force next year. 

With a whole new set of rules set to come into force within months, there’s some confusion over what rules will apply to people who have already submitted their applications – or who plan to in the near future. 

With they be eligible for dual nationality if the rules change while they’re waiting for their application to be processed? And will people who give up their existing nationality be able to regain it after the new Nationality Act comes into force?

READ ALSO:

According to the Interior Ministry, the rules that will apply to your citizenship application will always be based on the current law at the time.  

“The naturalisation authorities have to decide on ongoing procedures on the basis of the current law until the new Nationality Act comes into force,” a spokeswoman for the Interior Ministry told The Local. “That means applicants still have to give up their previous nationality if none of the existing legal exceptions applies to them.”

This point was reiterated by Berlin Mitte’s Citizenship Office, who emphasised that implementing the changes “could take several years”.

“The most current Nationality Act will always apply,” they said.  

British and German dual nationality

Someone holds a British and German passport together. Photo: picture alliance/dpa | Britta Pedersen

However, when pushed for more details, they revealed that a change in the law while your application is being processed would mean that your right to dual nationality would also change. 

“The law that is applicable at the time when German citizenship is granted is the law that is applied,” they explained. 

To clarify this a bit, let’s sum up a few different scenarios in turn.

If the law changes while you’re waiting for your German passport:

In this scenario, you should be granted dual nationality. As the Citizenship Office in central Berlin explained, whoever processes your application should apply the law that is in force at the time when citizenship is actually granted

In other words, it doesn’t matter what the law is when you submit your application. The only thing that matters is which set of rules is in force when you finally come to pick up your German citizenship certificates.

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

If you get your German nationality before the law changes:

In this scenario, you will have to give up your existing nationality – unless you fall under one of Germany’s exceptions to the dual nationality rule. This can include being an EU citizen, being unable to give up your citizenship in your country of origin, being a refugee, or being unable to afford the cost of giving up your existing nationality.

However, if this is your situation, you may not have to give up your citizenship forever. Which brings us to our next point…

If you’ve already given up your citizenship: 

If you have to give up your existing citizenship to become German (or have already done so), there’s some good news: when the law changes, you’ll be entitled to reapply for your original nationality and become a dual national. 

“German law would not be opposed to people reacquiring their previously renounced nationality after the intended change in the law, since due to the intended general allowance of multiple nationality, the acquisition of a foreign nationality would then no longer lead to the loss of German nationality,” a spokesperson for the Interior Ministry told The Local. 

In other words, you’d basically be treated like any other German national applying for another nationality once the law has changed. 

However, you should note that your ability to reapply for your previous citizenship will also depend on the rules in your home country.

In the UK, for example, it’s relatively easy to get your passport back. You’ll just have to prove that you had to give it up as part of the German naturalisation process.

In the United States, the opposite is true: giving up your American citizenship is an irrevocable act, meaning it can only be undone in highly exceptional circumstances.  

READ ALSO: Giving up being British: What you should know about becoming German after December 31st

When is the right time to apply for citizenship? 

As we always say, this is a personal decision. Only you know whether getting German citizenship as fast as possible or becoming a dual national is more important to you.

If you do apply now and want to keep your old passport, you’ll essentially be gambling on the law changing faster than it takes the Citizenship Office to process your application. And though laws can be slow-moving in Germany, this may not be a bad bet to make. 

In some parts of Berlin, for example, it can take months to get an appointment at a Citizenship Office and at least a couple of years to be granted citizenship, so in those cases, if you’re eligible to apply, you may want to consider getting the ball rolling as early as you can.

German citizenship test

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

Meanwhile, the Interior Ministry is attempting to draft the relevant changes to the Citizenship Act and present them to parliament by the end of the year – though of course there could be delays. 

Before applying, you may want to find out the average time it takes to process an application at your local Citizenship Office and think about how long you’re willing to wait for your German passport. If it takes around a year in your area and you think the law will have changed by next summer (according to the Interior Ministry’s plans), it may make sense to start the application soon if you meet the criteria.

READ ALSO: ‘Two years is normal’: How Germany’s citizenship process leaves foreigners hanging

However, it’s also important to weigh up the risks of giving up your citizenship in the event that your application is processed faster than expected, or the law changes more slowly than expected. If you’re from a country where it’s easy to regain it, this may not be a big deal, but in countries like the United States, renouncing the passport is an irreversible decision.

Get in touch with an immigration lawyer if you want to talk through the specifics of your application and get some insights on when might be a good time to apply.  

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GERMAN CITIZENSHIP

Elation and worry as German citizenship law passes final hurdle

With dual citizenship set to come into force at the end of June, foreigners in Germany are feeling overjoyed - but there are fears that the country's notorious bureaucracy could stand in the way.

Elation and worry as German citizenship law passes final hurdle

For those who have never been asked to renounce their citizenship, the shift to a new set of rules may not seem like an overly important one.

But for millions of people who live in Germany without the right to free movement or the right to vote, allowing multiple nationalities feels like a paradigm shift that could change their lives forever.

Though the government has been clear about its intentions to remove hurdles to citizenship since the start – including lifting a ban on dual nationality for non-EU citizens – some were unwilling to believe it would ever become a reality.

So when the news emerged that President Frank Walter-Steinmeier had finally signed off on the law on Tuesday, March 26th, the excitement in the air was palpable. 

For Hakan Demir, a Social Democrat (SPD) politician who helped draft Germany’s citizenship reforms, the change is all about “recognition, co-determination and belonging”. 

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

“Many people in Germany have been waiting for this law for a very long time because they finally want to participate,” Demir told The Local. “In future, they will be able to play a greater role in shaping our society, vote and be elected. In this way, we are strengthening our democracy.”

Hakan Demir, an MdB for Berlin-Neukölln, serves as SPD rapporteur on the new German draft law to allow dual citizenship.

Hakan Demir, an MdB for Berlin-Neukölln, serves as SPD rapporteur on the new German draft law to allow dual citizenship. Photo: Photothek

This was also the view of Demir’s colleague, Greens MP Filiz Polat, who worked as a rapporteur on the legislation.

Not only is the citizenship law “a step towards a modern migration society”, Polat said, but also “an important step for our democracy”.

“At a time when the AfD and right-wing extremists are spreading anti-constitutional deportation fantasies, we are strengthening fundamental rights and cohesion with this law.”

Stephan Thomae of the Free Democrats (FDP) welcomed the news that the reform was on its way, but emphasised that only those who shared German values could naturalise under the new conditions. 

“We are making naturalisation easier for all those who have no criminal record, speak our language and can support themselves,” Thomae explained.

“At the same time, we are making it clear that criminals, anti-Semites or people who do not share our values will not be naturalised.

“Corresponding checks will be significantly tightened.”

READ ALSO: Why Germany is shaking up citizenship test questions

‘Great news’

For those involved in drafting the bill, the end of the long parliamentary process is a major step forward. But it’s foreigners in Germany who are most excited – and nervous – about the change.

British in Germany, a group who campaigned to secure the residence rights of Brits after Brexit, said they were thrilled that the new law would put all UK citizens in Germany on an equal footing.

With EU citizens allowed to hold multiple nationalities under German law, British citizens had previously been able to obtain dual nationality only before the end of the transition period, while others were faced with difficult choices. 

“This is great news for those of us in the British community in Germany who were not able to apply for dual citizenship before the end of the Brexit transition, unlike the some 70,000 of us who have already become British Germans,” said BiG’s Matt Bristow.

A British and German passport.

A British and German passport. Photo: picture alliance/dpa | Britta Pedersen

“We know there will be a big increase in citizenship applications and not just among those with a British migration background. Now the challenge is for the authorities to have the resources to respond to their desire to become Germans.”

Satya Kasindla, a British citizen who lives in Leonberg near Stuttgart, agreed that the passing of the bill was “good news” for immigrants in the country.

Nevertheless, Satya believes the law will have a limited impact if the authorities aren’t able to process applications at the speed required.

“It would help all the immigrants if the government gives a clear guideline for processing these applications by observing six months as statutory limit,” he told The Local.

“Without clear guidelines on processing times, this law doesn’t change much for the immigrants who are eligible now and also who are actually in the queue. And it only will help only new arrivals if the government takes necessary action on staffing to process the applications within the six-month deadline.”

READ ALSO: Foreigners in Berlin furious over German citizenship delays

The fears about the endless waiting times for applications to be approved – and the influx of future applications – was one shared by several foreigners on social media.

Referring to the long backlogs faced by applicants in Berlin, one X user said he was concerned that older applicants would be deprioritised the second a new influx of applications came in. 

A citizenship applicants reads the German constitution.

A citizenship applicant reads the state constitution in Germany. Photo: picture alliance/dpa | Marijan Murat

Another worry for migrants is that some conditions of the law – and most notably restrictions on claiming benefits – could create a two-tier system between privileged and less privileged applicants. 

This was the concern of Zeynep Yanasmayan, head of the migration department at the German Centre for Integration and Migration Research. 

However, despite the bill’s shortcomings, the symbolic impact of easing citizenship rules remained important, she said. 

“While the concrete impact of the law will very much depend on individuals’ national and socio-economic background, it certainly sends a strong message of recognition and acceptance to people of migration background,” Yanasmayan told The Local.

Of course, not everyone in German political life is happy about the changes. 

The Local approached the right-wing CDU/CSU parties for comment, but at the time of writing had no received a response.

However, the view of the long-term opponents of dual nationality can be summed up by Alexander Throm, a specialist on domestic issues for the CDU.

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

In the final Bundestag debate on the legislation, Throm claimed that people who gain dual nationality “lack a fundamental commitment to our land.”

For politicians from the far-right AfD, the fears are even more extreme. According to AfD MP Christian Wirth, “Our proud nationality is about to be flogged off.”

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