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GERMAN CITIZENSHIP

How Germany wants to toughen up dual citizenship law around anti-Semitism

Germany's long-awaited citizenship reforms have been put back onto the parliamentary agenda with a number of suggested changes around racism and anti-Semitism. Here's how the process for becoming German could be tightened up in future.

A certificate of naturalisation from the Federal Republic of Germany lies on a table. Foreigners in Germany should soon be able to obtain German citizenship more easily, according to plans of the federal government.
A certificate of naturalisation from the Federal Republic of Germany lies on a table. Foreigners in Germany should soon be able to obtain German citizenship more easily, according to plans of the federal government. Photo: picture alliance/dpa/dpa-Zentralbild | Fernando Gutierrez-Juarez

The October 7th terrorist attack on Israel by Hamas gunmen has sent tremors far beyond the Middle East. In Germany, where the security of Israel has been described as the country’s Staatsräson, or state purpose, the government has been fervently and unambiguously on the side of the Jewish state.

But amid an outpouring of support for Palestinians in Gaza, where the humanitarian crisis has worsened significantly in recent weeks, there has also been a renewed focus on anti-Semitism in the Bundesrepublik.

Anti-Semitic attacks and threats have been on the rise since the outbreak of the Israel-Hamas war, and solidarity protests in support of Gazan civilians have been accused of harbouring people with anti-Semitic and anti-Israel views.

READ ALSO: Could Germany strip citizenship rights from foreigners over anti-Semitism?

Against this backdrop, the government’s reforms to loosen up citizenship rules have come into sharper focus. These include plans to permit dual nationality for non-EU foreigners and reduce the standard residence requirements from eight years to five. 

Accusing foreigners from the Near and Middle East and Africa in particular of “anti-Semitism and hostility towards Israel”, the opposition CDU has demanded that the citizenship reforms be taken off the agenda. To back up their views, MPs in the conservative party have pointed to the number of people with a migration background demonstrating in support of Palestine. 

Within the government, meanwhile, the centre-right Free Democrats (FDP) has questioned whether the current ban on people with racist or anti-Semitic views included in the law goes far enough.

This caused a scheduled first reading of the citizenship bill to be pushed back more than three weeks from November 9th to December 1st – a decision that has potentially thrown the government off schedule in its plans to implement the changes in April 2024.

READ ALSO: INTERVIEW – ‘We are determined to pass German citizenship reforms despite delays’

More significantly, however, a new preliminary version of the law that has been published on the Bundestag website has revealed a number of potential changes that are being debated within government.

Though it’s unclear how many of these amendments will end up in the final law, a spokesperson for Filiz Polat, a Green Party MP working on the law, confirmed that “the internal deliberations of the coalition parties are currently still in full swing”, adding that rules around anti-Semitism were among the issues being discussed.

What could the government add to the law? 

In the original drafts of the citizenship reform, the government inserted a clause to ensure that people who had committed racist or anti-Semitic crimes would be barred from citizenship. In addition, new plans for information-sharing between the criminal justice system and the naturalisation offices were laid out.

In a set of new paragraphs recently included in the preliminary draft and notes on the law, however, the government makes specific reference to the situation in the Middle East.

Police watch a synagogue in Berlin

Police watch a synagogue in Berlin on November 2nd, 2023. Photo: picture alliance/dpa | Jörg Carstensen

“Above all, this regulation was intended to send out a signal,” it writes in response to recommendations made by the Bundesrat, or upper house of parliament.

“However, against the backdrop of the attack by the terrorist Hamas on Israel on October 7th 2023 and the anti-Israeli and anti-Semitic cheers in public spaces in Germany, this currently appears to be of even greater importance.”

One way the government seems to want to tighten rules is in the investigation of people with racist or anti-Semitic “attitudes” – rather than simply those who commit crimes.

“It is important that people with anti-Semitic, racist or other inhuman attitudes are not eligible for naturalisation,” it writes on page 34 of the most recently published draft.

READ ALSO: Who qualifies for German citizenship under the new draft law?

There is also a suggestion that citizenship case workers could follow up on suspicions that a foreigner is anti-Semitic after their initial conversation with the applicant.

“It is true that there is no systematic questioning of all naturalisation applicants in this regard,” the draft states. However, if citizenship authorities suspect anti-Semitic views following an interview with the applicant or due to information received by other public authorities, they must ensure that the individual understands the principles of the “free basic democratic order” of Germany and “fulfils the legal requirements for naturalisation”.  

Analysing the additions, immigration lawyer Sven Hasse told The Local that this would not grant the naturalisation offices any new discretionary powers.

“However, it does specify which investigations the authorities should carry out to find out if the commitment (to the Basic Law) is meant seriously,” he explained. “The result of the authority’s point of view is fully subject to judicial review.”

Hasse also pointed out that a new clause had been added to the law that would place new responsibilities on public prosecutors to investigate anti-Semitic or racist criminal motives.

A German passport.

A German passport. Photo: Markus Winkler from Pixabay

Under this clause, prosecutors would be asked to “evaluate any criminal convictions according to whether they contain facts that reveal anti-Semitic, racist or other dehumanising attitudes and to inform the naturalisation authorities of this upon request,” Hasse said. 

Though no mention of this has been made in the latest draft, SPD MP Hakan Demir previously told The Local that a formal acknowledgement of Israel’s right to exist could also be included in the citizenship process. 

“We have to figure out in what way that can enter the new citizenship act, and if it’s a good point to do so,” Demir said. 

This would follow a suggestion made by CDU leader Friedrich Merz, who recently declared that all foreigners should be made to sign a declaration in support of Israel’s right to exist before they are allowed to become German. 

READ ALSO: CDU leader calls for German citizenship to be allowed ‘only with recognition of Israel’

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GERMAN CITIZENSHIP

Language and citizenship tests: 7 essential articles for German naturalisation

With the citizenship law coming into effect soon, many international residents in Germany are getting ready to apply. Here's a list of some articles with a focus on language requirements and citizenship tests to help you on the way.

Language and citizenship tests: 7 essential articles for German naturalisation

Germany’s citizenship rules will change on June 27th 2024. When the new law comes into force, foreign residents will be able to apply for citizenship after five years of legal residence in Germany instead of eight years. Holding multiple nationalities will also be allowed in future. 

But what about language requirements?

We explain what level of German you’ll need for the various paths to citizenship here: 

To prove your language level, you will likely need to take a test. We spoke to a language teacher for tips on how to pass the exams: 

Last year, we asked readers of The Local who have passed the B1 language test to share their advice. Here’s what they had to say:

Under the fast-track route for gaining German citizenship, applicants will need C1 level German (along with three years of residence and proof of exceptional integration). In this article, Sarah Magill talks us through her experience of passing the exam: 

Citizenship test essential articles:

Another requirement for the majority of people when naturalising is that you have to pass the German citizenship test. Imogen Goodman talks us through her experience of sitting the test in Berlin and shares her tips: 

Want to try out an (English language) version of the German citizenship test yourself in the form of a quiz? Look no further!

One thing to keep in mind is that Germany is planning to shake up its citizenship test questions. We explain the changes you can expect here: 

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