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GERMAN CITIZENSHIP

‘Long overdue’: Germany’s dual nationality law approved by president

Germany's president announced on Tuesday that he had signed off on the far-reaching citizenship reform, paving the way for the bill to be implemented in summer.

Turkish and German passport
A German and Turkish passport held up in parliament in Kiel. Photo: picture alliance / Carsten Rehder/dpa | Carsten Rehder

The signature marks the end of a long and gruelling parliamentary process in which the citizenship bill was repeatedly delayed, at first by coalition in-fighting and then by hold-ups in official processes.

After the reform was approved by the Bundestag in January and the Bundesrat on February 2nd, Federal President Frank Walter-Steinmeier took seven weeks to finally give the bill his seal of approval.

The process normally takes two weeks.

A recent version of the bill published on the Federal Law Gazette contains the signature of Steinmeier, as well as Chancellor Olaf Scholz, Interior Minister Nancy Faeser, Foreign Secretary Annalena Baerbock, Justice Secretary Marcus Buschmann and Family Minister Lisa Paus.  

The signatures are dated March 22nd and the bill was allegedly passed to Bonn to be entered into the official register of bills on March 26th. 

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

With this last formality out of the way, the bill is set to come into force within three months of the signature on June 26th, 2024. 

According to the Interior Ministry, the sweeping reform will clear multiple hurdles for foreigners who want to naturalise as German citizens.

This includes reducing the numbers of years foreigners must be resident in the country before they can naturalise as Germans. Instead of the current eight years, or six in exceptional circumstances, this requirement will be cut to five years, or three in cases of special integration.

Another key change is the permitting of dual – or multiple – nationality on a universal basis. This will mean that non-EU citizens will be able to naturalise without needing to give up their current citizenship.

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

Currently, around 11 million migrants live in Germany without German citizenship or the right to vote in federal or state elections. 

Commenting on the reform, Interior Minister Nancy Faeser said: “Many immigrants feel German, but do not want to completely cut ties with their country of origin.

“In future, they will no longer be forced to give up part of their identity. We are making the long overdue paradigm shift and allowing multiple nationality.”

In passing the bill, Faeser also acknowledged that the government had achieved one of its major goals as part of the current traffic-light coalition along with the Greens and Free Democrats (FDP).

In previous coalitions with the right-wing CDU and CSU parties, dual nationality had been a project that the SPD had never succeeded in implementing. 

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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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