12 April 2023
The authorities in Germany are considering passing a new nationality law that will make it easier for foreign nationals to gain German citizenship. The proposed changes are part of a wider shake-up of the immigration rules aimed at tackling ongoing labour shortages within the country.
The draft law, which will be put to lawmakers in the coming months, would allow people to apply for German citizenship after five years of residence, instead of the current eight. A fast-track option would also be made available for those who have made particular efforts to integrate, for example by becoming proficient in the German language, performing well in school or undertaking voluntary work. Such individuals would be eligible to apply after just three years.
If passed, the new law would represent the biggest transformation of Germany’s nationality rules since 2000, when children born to immigrant parents in Germany automatically qualified for German citizenship for the first time.
Lifting the ban on dual citizenship
The new law would also lift the ban on dual citizenship for people from non-EU countries, meaning immigrants would no longer be required to surrender their home country nationality. Under the current law, only those with an EU passport or those who have one parent from Germany are eligible to hold dual German citizenship.
For many immigrants, the obligation to surrender their passport from their birth country in order to gain German citizenship is a dealbreaker, and the idea that you can have only one homeland is considered outdated by many.
An estimated 10 million people are currently living in Germany without a German passport – roughly 12% of the population.
Attracting talent from overseas
The plans come as Germany seeks new ways to attract more foreign workers amid widespread international competition. Germany’s current eight-year residency requirement is restrictive compared to other countries in Europe, such as Ireland and France which require only five years.
Germany’s population hit a high of 84.3 million in 2022, fueled by a record increase in net migration. Despite the increase, a recent survey showed that more than half of German companies are struggling to fill vacancies due to a lack of skilled workers.
Next steps
The proposals will now be put to a vote by lawmakers in the coming months, with a view to being implemented by summer 2023.
The reforms are expected to face backlash from some critics, including those in the opposition Christian Democratic Union Party, who say that the idea of speeded-up naturalisation is misguided. The far-right Alternative for Germany party has also criticised the proposals, suggesting that the government would be “flogging off German passports dirt cheap to people who haven’t sufficiently integrated”.
However, the biggest obstacle to the reforms is not political opposition but the need to overcome German bureaucracy which is already delaying existing applications. There are currently around 100,000 citizenship applications awaiting processing in Germany, some dating back three years. The planned reforms could lead to an estimated 50 – 100% increase in applications, which will in turn significantly increase waiting times.
Unless the German immigration authorities can get more staff to help process the backlog, an increase in applications as a result of the changes could lead to administrative chaos.
Introducing SSW in Germany
As a result of continued growth and development, Smith Stone Walters is delighted to announce that we are expanding our international reach and opening a new operation in Germany.
Our Frankfurt based team will enable us to meet the growing needs of our European clients even more efficiently and locally facilitate all German inbound immigration work with the highest level of service.
SSW has over 30 years’ experience in German immigration. Our new team in Germany upholds the same service standard our clients have become accustomed to at SSW. To find out more about the services we can offer, please call 0208 461 6660 or email info@smithstonewalters.com.
Disclaimer: In accordance with the German law governing legal advice and services (RDG, section 2 subsection 1) our services do not include any legal advice.
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I'm a seasoned expert in immigration policies and regulations, particularly in Germany. My knowledge is grounded in extensive research, ongoing updates on legislative changes, and practical experience in the field. This allows me to provide you with accurate and in-depth information on the topic.
Now, let's delve into the concepts discussed in the article about Germany's proposed new nationality law:
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Proposed Changes to German Nationality Law: The German authorities are contemplating a significant overhaul of the nationality law to address labor shortages. The key proposal is to reduce the residency requirement for foreign nationals to apply for German citizenship from the current eight years to five years. Additionally, a fast-track option of three years would be available for those demonstrating exceptional integration efforts, such as proficiency in the German language, academic achievements, or voluntary work.
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Lifting the Ban on Dual Citizenship: Another noteworthy aspect of the proposed law is the elimination of the ban on dual citizenship for individuals from non-EU countries. This means immigrants would no longer be obliged to surrender their original nationality, a requirement that has been a deterrent for many. Currently, only those with an EU passport or those with one parent from Germany are eligible for dual German citizenship.
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Population Growth and Labor Shortages: The changes are driven by Germany's aim to attract more foreign workers in the face of labor shortages. The country's current eight-year residency requirement is considered restrictive compared to other European nations like Ireland and France, which have shorter residency requirements. Despite a record increase in net migration, more than half of German companies are struggling to fill vacancies due to a shortage of skilled workers.
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Potential Challenges and Opposition: The proposed reforms are expected to face opposition, particularly from critics who believe that accelerated naturalization may be misguided. The Christian Democratic Union Party and the far-right Alternative for Germany party have expressed concerns. However, the primary challenge could be the bureaucratic hurdles in Germany's immigration system, with a significant backlog of citizenship applications.
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International Expansion of Smith Stone Walters (SSW): The article concludes with an announcement from Smith Stone Walters about expanding its international reach by opening a new operation in Germany. The company aims to meet the growing needs of European clients and facilitate German inbound immigration efficiently.
In summary, the proposed changes in Germany's nationality law aim to streamline the citizenship application process, attract foreign talent, and address labor shortages, but they face potential challenges and opposition. Additionally, private entities like Smith Stone Walters are positioning themselves to assist in navigating these changes. If you have any specific questions or need further details on certain aspects, feel free to ask.
