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GERMAN CITIZENSHIP

Germany’s eagerly-awaited dual citizenship reform hits delays

German government ministers are reportedly close to a final deal on reforming Germany’s citizenship laws – but anxiously waiting citizenship applicants will probably have to wait until autumn to see the new rules hit the Bundestag.

The Reichstag building, where the Bundestag is located.
The Reichstag building, where the Bundestag is located. The German government has been working on reforming citizenship laws. Photo: picture alliance/dpa | Fabian Sommer

Originally expected to be debated in German parliament in April, the traffic light government’s plans to liberalise German citizenship laws have been bogged down in Cabinet discussions since January, when Social Democrat Interior Minister Nancy Faeser presented the law to the rest of her ministerial colleagues.

“The relevant departmental consultations on the draft citizenship law are now in their final stages,” Stephan Thomae, the parliamentary rapporteur on the draft citizenship law for the liberal Free Democrats, told The Local, adding: “It’s not yet clear when Cabinet will vote on the draft.”

One particular sticking point involved the insistence of the FDP, who are a part of the government and hold the Justice Ministry, on barring naturalisation for certain specific crimes.

According to German media reports, Justice Minister Marco Buschmann has managed to secure changes to the original draft that would prevent anyone convicted of hate crimes – for example with anti-Semitic, racist, xenophobic, or other “inhuman motives” – from naturalising as a German citizen.

FDP citizenship law parliamentary rapporteur Stephan Thomae tells The Local the government parties are close to a deal on the law, but it’s still not clear exactly when the Bundestag will see it. Photo: German Bundestag

Public prosecutors would be able to report such convictions to immigration authorities, in order to prevent naturalisations for those convicted of such hate crimes.

The FDP has also secured stipulations that require citizenship applicants to be able to support themselves and their families without resorting to social benefits. This would likely require someone applying to become German to declare and prove that they haven’t had to take out certain social benefits for two years prior to applying.

It would also, as it currently stands, require people receiving certain benefits, like Bürgergeld, to have been in full-time employment for 20 months out of the last two years at the time of application, something some Social Democrats in parliament, including SPD citizenship law rapporteur Hakan Demir, say should be amended in the Bundestag, as it would exclude many women.

READ ALSO: 8 reasons why German citizenship trumps permanent residency

There are planned exceptions to this rule though. These include the so-called guest worker generation, mostly from Turkey, or contract workers who entered the former East Germany before reunification in 1990. 

Exceptions have also been agreed for full-time working couples with children who are either married or in a registered partnership. This would allow them to draw on Kindergeld, or “child’s allowance.”

Cabinet is also in agreement on the major parts of the bill. These include allowing dual citizenship and shortening the time someone has to be resident in Germany before applying from eight years to five years. Those who can prove special integration and C1 German would also be able to potentially naturalise after three years.

READ ALSO: What’s the difference between B2 and C1 German for new fast-track citizenship?

What happens next?

Once Cabinet agrees on a draft, it will go to the Bundestag for debate, where parliamentarians may suggest some changes of their own before passing it. Parliament was originally supposed to hear it in April and pass it before the end of the Spring session in late June.

Cabinet is now working to agree a draft by summer, a deadline Demir says he expects to be met – meaning the draft law would not hit the Bundestag before autumn.

After the Bundestag passes the new law, Germany’s upper chamber, the Bundesrat would also have to pass it and civil servants at immigration offices would probably have an implementation period, meaning it’s not precisely clear exactly when the new rules would come into effect.

However, many citizenship applications are facing backlogs – particularly in Berlin – with some applicants waiting for over two years to receive their first German passport. This means many people applying now may well fall under the new rules by the time their application makes significant headway.

READ ALSO: About 27,000 people in Berlin waiting on citizenship applications

With additional reporting by Imogen Goodman

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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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