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GERMAN CITIZENSHIP

When might Germany’s dual citizenship law get final signature?

Many foreigners in Germany eagerly anticipating the country's upcoming citizenship reform law - which would allow dual nationality - are waiting through yet another delay. So when might the reform finally clear its last hurdle?

A German citizenship certificate and passport.
A German citizenship certificate and passport. Photo: picture alliance/dpa | Fernando Gutierrez-Juarez

It’s been a frustrating few years for many foreigners in Germany, who’ve been left with little news as a draft law allowing dual citizenship passed both parliamentary chambers – the Bundestag and Bundesrat – well over a month ago.

The legislation, which would also reduce the time someone needs to have been resident in Germany before applying for citizenship from eight years to five, has been delayed numerous times since the country’s ruling traffic light coalition agreed to liberalise nationality laws in late 2021.

With the Bundestag having finally passed the law on January 19th and the Bundesrat following suit on February 2nd, the only thing standing in the way of the new rules coming into effect in spring was the Federal President’s final signature.

READ ALSO: What are the next steps for Germany’s new dual citizenship law?

Unfortunately, as of March 15th, 2024 – the government had yet to submit the final draft legislation to the Federal President for constitutional review. German governments normally countersign draft legislation even after it passes parliament – and the new nationality law has sat in government offices ever since.

“The Federal Office of Justice first has to create the final, edited version of the law. This took some time, but there are no constitutional concerns or other obstacles,” explained Hakan Demir, the Social Democrat (SPD) rapporteur for the new law in the Bundestag, on parliamentary watchdog site Abgeordnetenwatch.

“The final version of the law, has now been completed and the signature of the responsible members of the federal government and the federal president will take place shortly.”

READ ALSO: Has Germany’s upcoming dual citizenship law been delayed again?

What happens once the law reaches the President’s office? What about after he signs it?

Once the law reaches the President’s office, staffers there do a constitutional review to make sure it is in line with the German Basic Law. This is typically a formality but does take a bit of time.

Sources at the Federal President’s office say two weeks is fairly normal, although any particular law can sometimes take longer – or even proceed ahead faster than normally expected. So it’s hard to know for certain.

German President Frank Walter Steinmeier (SPD).

German President Frank Walter Steinmeier (SPD) has a largely ceremonial role in German politics, but will still need to do a constitutional review of the new citizenship law. Photo picture alliance/dpa | Bernd von Jutrczenka

Once the Federal President does sign off, civil servants will go through an implementation phase to put the new rules in place. The new law specifically provides for this period to be exactly three months, so we will know the precise date the new rules come in effect once the President signs the law. At that point, the three-month countdown starts.

When should people apply?

Those who have been in Germany for at least five years but less than eight years have no choice but to wait until the new rules come into effect before filing their application. They can, however, start preparing their documents and taking language tests, for example.

Those who have been here for more than eight years have had to carefully consider the timing of their applications, trying to beat the lines of new foreigners expected to apply while making sure that they can take citizenship after the new law comes into effect – thus retaining their original nationality.

For these people in particular, the delays have been frustrating, with more expected once already backlogged authorities actually have to process newly eligible applicants.

“It’s important that the law is implemented throughout Germany by well-prepared, well-equipped, and increasingly digitalized administrations,” Demir added.

READ ALSO: ‘I’ve waited four years’: Foreigners in Berlin furious over German citizenship delays

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GERMAN CITIZENSHIP

Can people with a German spouse get faster citizenship under new law?

Germany's upcoming citizenship reform will drastically slash the years of residence needed for most foreigners. Does the same apply to people married to German citizens?

Can people with a German spouse get faster citizenship under new law?

One of the most exciting aspects of Germany’s new citizenship law is the fact that people will be able to get a German passport much sooner after arriving in the country.

Currently, Germany stands out as one of the European countries with the strictest residence rules for citizenship: in fact, most foreigners have to live in the country for a full eight years before they can even consider submitting a citizenship application.

Luckily, that’s all set to change on June 26th this year, when Germany will bring in a set of new – mostly more relaxed – citizenship rules. 

Rather than eight years, most foreigners will have the chance to naturalise after five, and in some exceptional cases, the naturalisation process can begin after just three.

READ ALSO: What you need to know about Germany’s citizenship law reform

This has left some people wondering what rules will apply to married couples after the new law comes in – and specifically those who are married to Germans. Will the residence requirements for this group of people be reduced as well? 

Here’s what we know so far about the government’s plans.

Residence requirements for married couples 

As it stands, the spouses of German citizens already have much shorter residence requirements than foreigners with no German relatives.

If you’re married to a German, you only have to be resident in the country for three years to qualify for citizenship yourself – provided you have been married for at least two.

In some cases, the current law even allows for this period of residence to be shortened if the marriage or civil partnership has existed for at least three years. 

If you have a child with your German spouse, they will automatically be entitled to citizenship under the principle of descent.

READ ALSO: When is my child entitled to German citizenship?

Given that the period of residence required is already so short, the government hasn’t made any changes on this front for married couples in the new law.

This means that in some circumstances, naturalisation may be quicker under the so-called “fast-track” route than via your partner. For example, if you speak C1 German and are well integrated, and only get married to a German after three years of residence, you may be able to apply for citizenship before your two years of marriage or civil partnership are up.

The best people to offer you guidance on this are the advisors at your local immigration or citizenship office. In most cases, they will able to work out if there is a quicker route to naturalisation for you.

READ ALSO: Who qualifies for ‘special integration’ status under Germany’s citizenship law?

What other conditions are there for German citizenship?

Even for the spouses of German citizenship, the general rules for naturalisation will apply. 

That means being able to prove your knowledge of life in Germany via a citizenship test or other means, having a B1 German certificate and having a household income that can support you and your loved ones, as well as demonstrating a clean criminal record.

For more information on the general requirements for German citizenship and when to apply, check out our explainer below:

When and how can I apply for German citizenship?

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