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GERMAN CITIZENSHIP

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

President Frank Walter-Steinmeier gave the bill the final seal of approval on Tuesday, paving the way for all foreigners in Germany to be allowed to keep their original nationality when they become German. Here's a look at key aspects of the reform.

Two German passports.
Two German passports. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

What’s happening?

It’s been a long time coming, but Germany finally took a major step forward on Tuesday, with President Steinmeier and Chancellor Olaf Scholz signing the new citizenship bill into law. On February 2nd, the law has been approved in the Bundesrat. 

READ ALSO: Germany’s dual nationality law approved by president

The law was originally negotiated in 2021’s governing coalition agreement between the Social Democrats, Greens, and Free Democrats and has faced several delays. 

Opposition parties including the Christian Democrats (CDU) and its Bavarian sister party the CSU are against allowing dual citizenship and reforming the law. 

However, the law received a majority of votes in the Bundestag, and the Bundesrat, which represents the states also approved the law. 

The legislation will will be signed into law and head to an implementation period, which usually lasts three months.  

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

It is expected that law will come into force in May. 

Here’s a look at the key points of the law:

Multiple nationalities allowed for all – including Germans acquiring citizenship 

Arguably, the headliner of the new law is that non-EU citizens won’t face having to give up their original nationality when becoming German. 

Holding dual – or even multiple – nationalities will be allowed by Germany when the naturalisation law comes into force.

Up to this point, many people from outside the EU had to give up their existing passport when becoming German.

There are exceptions, for instance for EU nationals, refugees, people from countries that don’t allow citizenship to be revoked, and people who could prove that they’d face economic or personal hardship as a result of giving up their nationality. 

But this is going to change. 

“In future, everyone applying to become a naturalised German citizen will be able to retain their former citizenship without restrictions,” the government says.

A British passport

You won’t have to give up your previous passport under new rules. Photo by Ethan Wilkinson on Unsplash

At the same time, all Germans who want to acquire another citizenship abroad will be able to keep their German citizenship automatically.

“They will no longer need to apply for permission to retain their German citizenship,” says the government. 

READ ALSO: What documents should you get after getting German citizenship?

Reduced residency time for naturalisation

A big change in the law is the amount of time that an applicant has to have legally lived in Germany before being eligible to become German. 

Instead of the current law’s eight years of required residency for the standard route, people will be able to apply after five years of living in Germany. 

The fast-track option is also getting a boost, with the government pledging that a “high level of integration will be awarded”. Instead of five years, foreign nationals will be able to get their hands on a German passport after three years if they can prove they are well integrated – for example, by excelling at their job or in public life – and have C1 level German. 

In general, people need to take a B1 German language test when applying for citizenship. That won’t change for most people under the new rules – but some groups will have an easier route (more on that below).

READ ALSO: What’s the difference between B2 and C1 German for new fast-track citizenship?

Recognition of the ‘guest worker’ generation 

A key point of the new law is aimed at so-called Gastarbeiter, who came to Germany to fill the demand for labour after the war. Many people from this community are Turkish but have never felt able to become German without the option for dual citizenship. 

The law includes special carve-outs, including that people from these groups won’t have to take a citizenship test to become German. 

They also won’t have to take a formal language test, as is required for other applicants. Instead they will have to show they can communicate orally in German, for example during during their application. Although this is aimed at certain migrant groups, it is thought that this rule will apply to everyone over the age of 67. The Local is trying to gain clarity on this point. 

The government says the same rules will apply to so-called “contract workers” who came to former East Germany to work.

In addition, there will be a hardship clause for people who are unable to reach B1 German despite genuine effort. 

Around 14 percent of Germany’s 84 million people – just under 12 million – don’t hold German citizenship and about half this group has been in the country for more than 10 years, according to government figures. 

MP Hakan Demir, of the Social Democrats, told The Local: “We are honouring an old promise to millions of people who live in Germany but do not have a German passport. The promise of belonging and having a say in the future. This is how we strengthen democracy.”

READ ALSO: Turks in Germany hope for citizenship overhaul 

Relaxed rules on citizenship for children of foreigners 

Another change in the law is an important one for families. Currently, children born to non-German parents only gain citizenship if their parents have lived in Germany for eight years or more. This will be reduced to five when the new law kicks into force. 

Children with at least one German parent will be eligible for citizenship regardless of how long their foreign parent has been in the country. 

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

A couple walk through a park in Germany with their young children.

A couple walk through a park in Germany with their young children. Photo: picture alliance/dpa | Felix Kästle

Applicants must be able to support themselves 

In general, people have to be able to support themselves and their dependents when applying for German citizenship. 

The law states that an applicant for naturalisation will have had to have been in full-time employment – or otherwise able to provide for themselves and their family without resorting to unemployment benefits – for at least 20 out of the last 24 months.

There are also some exceptions, including for former “guest workers’,  “contract workers” and spouses of fully employed nationals. 

Concerns were raised on this issue – particularly by the Social Democrats – and this was one of the most debated points of the legislation. 

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

Celebration of naturalisation 

The government wants the moment people become German to be celebrated in public. 

The new law highlights that, whenever possible, new German citizens should receive their naturalisation certification in a public ceremony along with others.

The German government says that “every new citizen who is now a full and equal part of the country is cause for celebration”, and naturalisation should therefore be celebrated with a joyful public ceremony.

These ceremonies do already take place in some cases, but the government is making a point so that it happens much more often. 

READ ALSO: Everything that changes in German citizenship in 2024

Why is Germany reforming the naturalisation law?

German Interior Minister Nancy Faeser, of the SPD, said last year that reforming the citizenship and immigration rules was part of a push to get people to live and work in Germany long-term as the country grapples with a labour shortage. 

Faeser said Germany is in “a worldwide competition for the best minds”, but workers can only be won over if they can “become fully part of our society, with all democratic rights”.

In an outline of the new law, the government states that naturalisation figures in Germany have been “stagnating at a low level for many years and are also relatively low by European standards”.

The government says that it’s in the interests of German society that “as many foreigners as possible who fulfil the legal requirements apply for naturalisation so that they can play an active role in shaping social coexistence”.

The coalition argued in the legislation that current rules were “not sufficiently geared towards taking the needs of people with a history of immigration into account and incentivising integration efforts”, adding that “citizenship law must be modernised and adapted to the requirements of an immigration country”.

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POLITICS

Citizenship reform: How a German minister you’ve never heard of is changing the lives of foreigners

Germany's coalition government is struggling. It's flagging in polls, sports few concrete policy wins, and its foreign policy is hotly debated. A notable exception is Interior Minister Nancy Faeser - a Social Democrat who remains a little discussed figure - despite overseeing legislation that hits at the core of Germany's identity.

Citizenship reform: How a German minister you've never heard of is changing the lives of foreigners

After all, few things are as existential to a country’s identity as deciding who gets to be a national or who gets to settle there and be a part of its community.

As Germany’s Interior Minister since late 2021, Faeser has been responsible for overseeing historic legislation on both. At a time when other European countries are tightening up citizenship and immigration rules – even for skilled, well-integrated immigrants – Faeser’s German Interior Ministry is betting on more openness.

March saw sweeping immigration reforms – designed to make it easier for skilled workers to come to Germany, bring their parents if they wish, and even come before having their foreign qualifications recognised by Germany’s notorious bureaucracy.

Skilled workers also have a faster route to permanent residence in Germany – after just 21 months in some cases.

Late 2024 will also see the introduction of the points-based Chancenkarte – or “opportunity card”. A German first, people with enough points could theoretically come to Germany without a firm job offer and look for work while already here. They might even be able to come if they don’t speak German yet – if they have enough points in other areas. In a country not normally known for its flexibility, Faeser’s Interior Ministry is showing much more of it in a bid to combat the country’s skilled labour shortage.

READ ALSO: The changes to Germany’s immigration rules in March 2024

Landmark citizenship reform

Many Local readers will also be familiar with another landmark piece of legislation from Faeser’s desk – Germany’s long-awaited dual nationality reform. After having seen repeated delays due to disputes between the three governing coalition parties, the Federal President finally signed and certified the new citizenship law in late March – starting a three-month countdown for the country’s bureaucracy to adapt to the new rules.

On June 26th, German citizenship law will allow people to hold multiple nationalities when naturalising and shorten the time someone will have needed to be in Germany before applying for citizenship from eight years to five.

Many people are becoming German

American Rick Hoffmann, Aussie-Italian Joe Del Borrello and Brazilian-Canadian Dini Silviera are looking forward to applying to becoming German following passage of the government’s dual citizenship reform. Photos: Rick Hoffmann, Joe Del Borrello, Dini Silviera

It’s not been without its controversy, with the country’s Christian Democrats (CDU) remaining vocal opponents until the end. CDU MP Alexander Throm described it as a “citizenship devaluation law” that has “the most wide-reaching negative consequences for our country” during the Bundestag session that saw the law’s final passage.

During that same debate, SPD MP Dirk Wiese pointed out a historical symmetry – namely that Faeser, a Social Democrat from Hesse, was responsible for passing dual nationality legislation that a CDU Premier of Hesse has originally torpedoed 25 years ago.

READ ALSO:

Throm was right about one thing. The results of Faeser’s legislation are likely to have long-lasting, far-reaching effects. Both the new law’s supporters and detractors can at least agree on its importance.

It may well end up being one of the longest-lasting legacies of the traffic light government. Even if the CDU take the Chancellery again in 2025 – as current polls would suggest – no other possible coalition partner is likely to agree to repeal the law. Dual nationality in Germany – and with it the acceptance of multifaceted identity – is likely here to stay, even if a future CDU-led government manages to tighten up immigration or asylum law in the future.

Nancy Faeser Boris Rhein

SPD candidate and Interior Minister Nancy Faeser and CDU candidate Boris Rhein in Wiesbaden, Hesse during the election campaign. Photo: picture alliance/dpa | Boris Roessler

Faeser’s non-flashy style

Despite the weighty nature of the legislation she’s shepherded through her ministry and the Bundestag, Faeser isn’t known for grand pronouncements. She’s largely left it to others to make the public case for the dual nationality law’s importance, like parliamentary rapporteurs Hakan Demir (SPD), Filiz Polat (Green), and Stephan Thomae (FDP). She’s comfortable giving breakfast show interviews but rarely hits the evening talk show circuit.

A legislative workhorse, Faeser just seems to move on to her next task without a lot of fanfare for the one she just completed. The reason is likely equally unglamorous – she just has a lot to get done. Today immigration and citizenship reform, tomorrow proposals to tighten gun controls in Germany or issue visa bans for Russian athletes. She also found time to be her party’s top candidate in last autumn’s state election in her home state of Hesse.

Having never had a federal office before becoming Interior Minister, Faeser came from Hessian state politics, where she served as a member of the state parliament from 2003 to 2021, eventually becoming the Hessian SPD state party leader in 2019. At the time she became a minister in 2021, few Germans outside of Hesse had heard of her – never mind internationals.

Nancy Faeser smiles in November 2015 at the SPD state party conference in Kassel (Hesse).

Nancy Faeser smiles in November 2015 at the SPD state party conference in Kassel (Hesse). Photo: picture alliance / dpa | Uwe Zucchi

Media outlets both inside and outside of Germany keep their main focuses on politicians like Chancellor Olaf Scholz, Foreign Minister Annalena Baerbock, Vice-Chancellor Robert Habeck or Finance Minister Christian Lindner. With the controversy over Berlin’s strategy in Russia’s war against Ukraine, this is perhaps understandable.

But such a focus might sometimes miss another fundamental shift currently underway in Germany – as the country changes its approach to who gets to be a member of its national community. Nancy Faeser may well be one of the few members of the current German government to have a legacy that lasts well beyond her time in office.

Agree with her policies or not, that deserves more German and international reflection.

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