The Changes To German Citizenship Law - 2023 - General Immigration - Germany (2024)

Germany's new citizenship bill seeks to transformthe process of obtaining citizenship by allowing fordual and multiple citizenships and aims toshorten the required minimum stay in Germanybefore a resident can apply for German citizenship.

Although Germany has been a prevalent country for inwardmigration, it has had relatively fewernaturalisations compared to other European Union MemberStates. Germany has traditionally been opposed to recognising dualcitizenship. However, it has been allowed for EU citizens and insome other limited circ*mstances, but this bill seeks to addressthe issue.

Allowing migrants residing in Germany a more streamlined processto gaining citizenship should encourage them to participatemore in political decision-making and contribute more toGermany's development. Considering Germany's popularity asa location for inward migration, such action could lead to Germanybetter reflecting its current populationtrends.

However, it should be noted that this bill still needs to befinalised and put in place. Therefore, staying updated on currentevents is advisable; professional legal counsel cannot beunderestimated. The citizenship lawyers at Schlun &Elseven Rechtsanwälte are available to advise clientsin all matters relating to the new bill and German citizenship moregenerally. They can be relied upon to answer your questions andconcerns on German citizenship law issues.

Reducing the Minimum Residency Requirement

Firstly, the new bill proposes to reduce the minimum residencyrequirement from eight to five years for thoseseeking German citizenship. The eight years prerequisite has beenidentified as a reason for the lack of naturalisation applications.Such a change has been introduced with the hope that it will fostera stronger sense of belonging and integration in Germansociety.

In some exceptional circ*mstances, Germancitizenship by naturalisation will be permitted after threeyears to double down on this aim. These exceptionalcirc*mstances involve cases of extraordinary educational orprofessional achievements, notable social contributions, orexceptional language skills. How these will be determined inpractice will be based on a case-by-case basis.

Recognising Dual and Multiple Citizenships

The second significant change will be its acceptance ofmultiple citizenships. As stated earlier, Germany has beentraditionally opposed to recognising dual and multiplecitizenships. The CDU government led by Angela Merkel allowed fordual citizenship in limited circ*mstances, and the party stillexpresses some concerns about the proposed changes to Germancitizenship. However, the lack of allowance for dual and multiplecitizenships has been seen as a significant factor preventingpeople from seeking German citizenship.

Under the new bill, dual citizenship is permitted under Germanlaw. However, dual and multiple citizenship is a complexmater. Some countries do not allow their citizens torenounce their citizenship, whereas others force them to give upcitizenship if they seek another country's citizenship. Suchcomplicated factors need to be considered before taking anyparticular action. For this reason, consulting with legalprofessionals who are knowledgeable in this field is stronglyrecommended.

Language Requirements, the "Gastarbeiter" Generationand Other Changes

The allowance for dual citizenship for third countries will be asignificant benefit for the"Gastarbeiter" generation whocame from countries such as Turkey, Morocco, and Tunisia primarilybetween the years of 1955 and 1973. This generation played acrucial role in rebuilding Germany, and they helped to establishthe country as the economic powerhouse it has become. Many of themintended to return to their home countries but ended up staying inGermany, and they stayed connected to their homeland by maintainingtheir previous citizenship.

Many of them are now over the age of 65 and maystill have a lower level of German due to the inaccessibility oflanguage and integration courses at the time. This reality isreflected in the proposed bill's willingness to lower thelanguage test requirement for them to conversational B1level as opposed to the C1 proficiency requirement that isgenerally required.

The bill also recognises the particular circ*mstance ofchildren of foreign-born residents in Germany.Under the current legislation, these children are granted Germancitizenship if their parents have resided in Germany for at leasteight years. However, the proposed reform shortens this requirementto five years. Consequently, these children will automatically begranted German citizenship, allowing them to embrace their Germanheritage while retaining their parents' citizenship.

Restrictions on Citizenship Based on Criminal Convictions

One of the points brought up by those opposed to the bill hasbeen that it may make German citizenship too accessible. However,it should be noted that there are restrictions inplace around those with criminal convictionsregarding acts of anti-Semitism, racism, xenophobia, and otheractions against humanity. Concerning those with criminalconvictions for different reasons, they should consult withspecialist lawyers who can advise them on their particularcirc*mstances.

One of the aims of the legislation is to ensure thatGermany's commitment to the principles of equality,human rights and a free democratic basicorder are kept in place. Although it is a more modernapproach to citizenship law, it won't be a"free-for-all" for those applying for citizenship. Theystill need to satisfy the demands and rules of the Germanauthorities.

The Reasons for Changing German Citizenship Laws

Some parties within Germany have seen the lack ofnaturalisations as detrimental to the state. Germany is now acountry of inward migration, and its political processes andparticipation should reflect this reality. From a socialperspective, it allows the country to reduce the possibility oflong-term residents feeling left out of the political process. Theproposed bill will allow more individuals already living in Germanyto become citizens and therefore contribute to the democraticfabric of the nation by voting in elections and even running forpolitical office.

However, there are economic and social reasons for the proposedchanges. The streamlining of citizenship should make Germany moreenticing for skilled workers from outside the European Union.Germany is currently facing issues relating to digitalisation andworker shortages in crucial sectors. With such dramatictechnological changes in recent years, the citizenship bill isintended to future-proof Germany. The opportunity to gain Germancitizenship in five years (and, in some cases, three years) and theallowance of dual citizenship may be enough to encourage highlyskilled professionals to choose Germany over competingcountries.

Conclusion

The changes proposed in the German Citizenship Bill of 2023signify a pivotal moment in Germany's approach to immigrationand citizenship. By simplifying the process, shortening residencyrequirements, accepting dual citizenship, and considering the needsof various immigrant groups, Germany embraces its diversepopulation and fosters a sense of belonging for all. Thislegislation embodies Germany's commitment to building avibrant, inclusive society that values equal participation andoffers unparalleled opportunities to those who choose to makeGermany their home.

It is essential to note that the proposed bill still requiresfinalisation and implementation. Staying informed about the latestdevelopments is crucial, and seeking professional legal counsel ishighly recommended. At Schlun & Elseven Rechtsanwälte, ourexperienced team of citizenship lawyers specialises in navigatingthe complexities of German citizenship law. We are dedicated toproviding comprehensive guidance and personalised support toindividuals seeking German citizenship under the new bill andbeyond. With our expertise, you can confidently navigate the legallandscape and embark on a successful journey toward Germancitizenship.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circ*mstances.

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