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GERMAN CITIZENSHIP

German parliament to hold urgent debate on citizenship

Politicians will gather in the Bundestag on Thursday afternoon for an urgent session on Germany's planned changes to citizenship law.

A German passport
German passport. Photo: picture alliance / Rolf Vennenbernd/dpa | Rolf Vennenbernd

According to information on the Bundestag website, the urgent discussion was scheduled on the request of the opposition CDU party, who have been fiercely critical of the planned reforms in recent days.

The debate, which is scheduled to start at 2:50pm and last an hour, will see MPs air their views on the government’s planned changes to citizenship law.

Interior Minister Nancy Faeser (SPD) is currently in the process of drafting a bill that will simplify and speed up the naturalisation process in Germany, which she said this week is “as good as done”.  

The law will end a ban on dual nationality for non-EU citizens, meaning people from places like India, the USA and the UK can naturalise as Germans without losing their current citizenship – or citizenships. 

It also foresees a dramatic reduction in the amount of time it takes to become eligible for German citizenship.

In future, people would be able to naturalise after five years of residence in the country rather than the current eight, while people who speak good German or fulfil other integration criteria could naturalise after three years rather than six.

Additionally, the Interior Ministry wants to grant automatic German citizenship to the children of foreign parents – provided their parents have been in the country at least five years – and remove language requirements for members of the guest-worker generation who want to become German. 

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‘We don’t need reform’

High-profile politicians from the CDU have slammed the government’s plans to ease citizenship rules, with parliamentary leader Thorsten Frei describing the move as an attempt to “sell-off” German passports as a “junk commodity”.

“We don’t need reform,” Frei told public broadcaster ZDF. “There would no majority whatsoever in any party’s supporters for this change.”

Earlier this week, CDU leader Friedrich Merz had argued that expediting the naturalisation process would damage integration and allow people to immigrate into the benefits system more easily. 

“The CDU will not close its mind to a further modernisation of immigration law and the citizenship law of the Federal Republic of Germany,” Merz told a meeting of CDU and CSU MPs in Berlin on Tuesday.

“However, we also attach importance to the fact that the granting of citizenship takes place at the end of an integration process and not at the beginning of it.” 

The CDU and CSU have previously been vocal opponents of permitting dual nationality, arguing that holding more than one citizenship would prevent people from fully integrating into German life. 

Nevertheless, it remains unclear if the opposition will be able to block the legislation in any meaningful way.

If there aren’t any substantial changes to the core of the citizenship bill when the amendments are made, the Interior Ministry believes it won’t need to be put to a vote in the Bundesrat – the upper house where the CDU and CSU hold a majority.

Instead, the parties of the traffic-light coalition – the Social Democrats (SPD), Greens and Free Democrats (FDP) – would simply be able to vote it through in the Bundestag. 

READ ALSO: EXPLAINED: Could Germany’s conservatives block dual citizenship?

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GERMAN CITIZENSHIP

Does hiring a lawyer speed up your German citizenship application?

Contracting a lawyer to help you with your German citizenship application isn't likely to help you get an appointment faster. But it may help you in other ways, particularly if your citizenship authority starts ghosting you.

Does hiring a lawyer speed up your German citizenship application?

With the German naturalisation law reform set to come into force on June 26th, many foreign residents in Germany are considering applying. One question that readers have asked The Local is: Will contracting a lawyer with good contacts within citizenship and immigration authorities speed up your German citizenship application?

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

Strictly speaking, no. That in and of itself won’t do it – according to legal experts The Local has spoken to.

Immigration lawyers Andreas Moser and Sven Hasse both say the best way to increase your application’s chances of speedy approval is to make sure the application is complete and well-organised. Moser recommends that paper applications are filed with an index of documents and that files submitted with electronic applications are neatly scanned and clearly labelled.

“I’ve had clients who’ve done it like that and they sometimes get their citizenship – even in busy offices like Munich – in three months,” says Moser. “The most important thing is to only apply when you’ve met all the conditions, have all the paperwork, and you can present it in one folder.”

You may wish to have a lawyer go over your documents to help ensure that neat application – or even perhaps to draft a cover letter anticipating and answering any questions the authorities might have.

Such explanations might be to detail a short break in your income, or address why your children might have a different last name to you if they’re included in your application.

However, having a lawyer to help you do this isn’t necessary in many cases. Moser also advises that it’s unlikely to save you any time versus simply doing the application yourself, as your lawyer will have to go through all the application details with you anyway – and it can be costly.

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

When should I definitely consider a lawyer?

Moser’s recommendation, in most cases at least, is to consider a lawyer only once it’s clear that the authorities aren’t considering your neat and complete application in a timely manner and you want to challenge them.

Normally, this shouldn’t be until at least three months have passed without word on the status of your application. At that point you can threaten a complaint through the administrative court. Such a complaint is known as an Untätigkeitsklage and you can draft a letter to the citizenship authority yourself stating that if it does not act on your application, you will file the complaint. You can also ask a lawyer to help you with this threat letter.

Moser says that much of the time, this threat letter works – and the applicant will rarely have to actually file the Untätigkeitsklage. If you do choose to file it though, it’s at this point that Moser advises you seek out a lawyer to draft and file the complaint on your behalf. This process costs €500 in court fees and more in legal fees, although if the court finds in your favour – the authority then has to send this money back to you.

Finally, both Hasse and Moser say you should consider legal advice if your case is complicated. This might include a previous criminal conviction carrying a sentence of slightly more than 90 days, or for uncertain or interrupted periods of residence. This could include people who’ve travelled to their home countries for an extended period of time to look after ailing relatives or employees of German companies who’ve been posted outside of Germany for an extended period of time due to their jobs.

READ ALSO: When to consider legal action for your German citizenship application

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