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GERMAN CITIZENSHIP

INTERVIEW: What is the biggest problem foreigners face when applying for German citizenship?

Many foreign nationals are considering applying for German citizenship, especially as the law is set to change in future. The Local's Germany in Focus podcast asked an expert for advice on the process.

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

For lots of people building a life abroad, applying for citizenship of their country of residence is a major step that cements integration. 

But the German rule that means non-EU nationals can’t hold more than one citizenship if they become German – unless they can argue an exception – means lots of people hold off from naturalising. 

That is all set to change under new plans from the German government which will allow people to hold more than one nationality when they become German. 

The plans would also see the number of residency years needed slashed from eight to five – and even to three in some cases. 

Although the government’s plans are still in the works, Berlin-based immigration lawyer Sven Hasse told the Germany in Focus podcast that he expected the reform, which is likely to come into force next year, to prompt a wave of new applicants. 

“The timeline for naturalisation is shortened from eight years to five years (in the draft law) – that of course brings a lot more applications at the moment the law is enforced because you have three years more on the application process,” he said. 

“It’s possible to shorten it to three years if you have C1 language skills and other special achievements like a good job, a good education or you work in an NGO or even in a football club. So that brings a lot more applicants to the process and the right to apply.”

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Hasse added that because Germany will in future allow people to hold multi-nationalities, it would encourage those living in Germany who are originally from countries like the US, Australia and Canada to get a German passport.

“My clients from these countries do not apply for citizenship (currently) for this reason,” he said. “So they of course would love to do so after the law has changed.”

But what are some of the hiccups people face when applying for citizenship in Germany?

“The main problem people run into at the moment is the appointment situation,” said Hasse.

He said part of the issue is that in most cities, there are scores of people looking to get naturalised, particularly those who came to Germany as refugees in 2014 and 2015 and now qualify for citizenship. 

“They (authorities) are not capable to offer the amount of appointments required for the number of applicants who want to apply for citizenship so that is the main and the biggest problem.”

From 2024, the capital Berlin plans to run a centralised office for dealing with German citizenship in the hope that it will transform the process. 

Currently, citizenship applications are being processed by the administrative offices (Bürgeramter) in each of Berlin’s districts. Through the new office, set to belong to the foreigners’ authority (Landesamt für Einwanderung), the capital’s senate aims to increase the number of residents who receive citizenship each year from 8,000 to 20,000.

“They (district offices) are letting the applicants know that they will contact them again in 2024 knowing that another authority will contact them,” said Hasse, regarding the situation in Berlin.

“Some district offices frankly say – ‘please apply in 2024 once the new authority is in force’. That (waiting times) is the biggest problem. But the same situation you’re going to see in Frankfurt, Potsdam, in other cities.”

A sign on the State Office for Immigration (LEA) on Friedrich-Krause-Ufer in Berlin.

A sign on the State Office for Immigration (LEA) on Friedrich-Krause-Ufer in Berlin. Photo: picture alliance/dpa | Jörg Carstensen

Berlin is planning to increase the number of caseworkers from 70 to 200 under the centralisation plans. 

But Hasse said he’s “not optimistic that the appointments situation is going to change after the new law has been implemented”.

“I expect a high number of new applicants,” he added. 

Should people who still want to keep their current citizenship apply now or wait until the new law is in force?

Hasse pointed out that the application form currently asks people if they are willing to give up their citizenship. 

“If you are not willing to give it up, the authorities can ask for reasons or exceptions or they can reject their application,” he said.

“Once the law has changed no one is going to ask you to give it up. But of course, it is still in the process and there is no guarantee that it is implemented in January next year, although it is highly probable.

“So the answer is: if you want to be sure that you become a German citizen (and hold onto your citizenship) then you should wait until the law is in force or at least signed by the president. And if you consider giving up your citizenship, or if you are willing to gamble a little bit, then, of course, you should apply.”

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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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