SHARE
COPY LINK
For members

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

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

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?

SHOW COMMENTS