What exactly does the new Naturalisation Act entail? What consequences, changes and advantages does it bring? Below you will find an overview and an explanation of the new law, listing the changes in detail and comparing them with the old rules.
Background:
A large proportion of the German population does not have a German passport. Despite the right to naturalisation, only a few manage to obtain citizenship. With a naturalisation rate of just 1.1 per cent, Germany is below the EU average of 2.0 per cent. In 2022, only 168,545 people applied for a German passport, which corresponds to around 3 per cent of foreign citizens who have lived in Germany for at least 10 years. These figures make it clear that the current Citizenship Act is not sufficient to support people with a migration background and enable them to integrate successfully and plan for the future. The new law was passed in response to this.
The criteria for acquiring German citizenship and for naturalisation are set out in the Citizenship Act (StAG), which consists of 42 paragraphs and deals in detail with various areas such as length of residence, marriage, origin, flight and citizenship equalisation. The most recent amendments to the Act relate in particular to paragraphs 4 and 10 StAG. The law introduces several changes to existing measures, which can have both advantages and disadvantages for naturalisation applicants.
Legislative procedure
On 19 January 2024, the Bundestag passed the "Act on the Modernisation of Citizenship Law (StARModG)". It was approved by 382 MPs, 234 voted against and 23 abstained. It was then published in the Federal Law Gazette on 26 March 2024 and entered into force on 26 June 2024.
Purpose of the law
The primary aim of this new, revised law is to make it easier for foreigners who wish to live in Germany long-term to acquire citizenship and to offer them prospects for the future. At the same time, the Federal Government aims to make Germany more attractive for highly qualified skilled workers. The new naturalisation law is intended to attract more qualified workers in particular.
Changes
Several changes have been introduced, the most important of which are analysed in more detail here:
Authorisation of dual citizenship:
Dual citizenship is now possible for all persons. All naturalisation applicants, regardless of their previous nationality, can now retain their previous citizenship if they so wish.
Old legal situation:
German citizenship legislation has always endeavoured to avoid multiple nationalities. For this reason, it previously stipulated that the acquisition of German citizenship required the renunciation of previous citizenship. German citizens lost their German nationality if they took on the nationality of another country, unless they had previously applied for authorisation to retain it (retention permit).
However, there were already some exceptions, e.g. for EU citizens, Swiss citizens or citizens of countries where renunciation of citizenship was not possible (e.g. Iran) These exceptions meant that almost 70% of those wishing to naturalise were able to retain their original citizenship. These exceptions were strictly defined.
New legal situation (from 26 June 2024):
The Act on the Modernisation of Citizenship Law has now completely abolished the obligation to give up one's previous citizenship when naturalising. Dual nationality is therefore now possible for everyone.
Exceptions: Despite the new German law, there are some countries in which dual nationality is not possible. Some countries stipulate that acquiring the nationality of another country automatically leads to the loss of one's own nationality.
These countries include, among others: Ethiopia, Belize, Bhutan, China, Côte d'Ivoire, Guinea, Guinea-Bissau, Honduras (if Honduran citizenship was acquired by naturalisation), India, Indonesia, Japan, Cameroon, Kazakhstan, Comoros (if the person concerned has reached the age of 21), Congo (Democratic Republic of the), Cuba, Libya, Madagascar, Mauritania, Micronesia, Monaco, Myanmar, Myanmar (if the person concerned has reached the age of 21), Cuba (Democratic Republic of the). age), Congo (Democratic Republic), Cuba, Libya, Madagascar, Mauritania, Micronesia, Monaco, Myanmar, Namibia, Nepal, Papua New Guinea (if the person concerned has reached the age of 18), Senegal (if the person concerned has reached the age of 18), Senegal (if the person concerned has reached the age of 18), Senegal (if the person concerned has reached the age of 18). São Tomé and Príncipe, Senegal, Zimbabwe (if the person concerned has reached the age of 21), Sri Lanka, South Africa (if the person concerned has reached the age of 18), South Korea (Republic of Korea), Suriname, Tanzania (if the person concerned has reached the age of 18), Tonga, Trinidad and Tobago, Uganda.
Earlier naturalisation possible
Foreign citizens living in Germany are now to be given the opportunity to naturalise earlier than before.
Old legal situation:
According to the previous legislation (before 26 June), it was necessary to have been legally resident in Germany for eight consecutive years in order to be eligible for naturalisation. However, there was an exception for naturalisation applicants who had successfully completed an integration course. For them, the required period of residence was shortened by one year, meaning that they had to wait seven years. In special circumstances, such as outstanding educational, professional or qualification achievements, German language skills at level B2 or voluntary work, the minimum period of residence could even be reduced to six years.
New legal situation (from 26 June 2024):
The new legal situation also provides for a certain minimum period of residence, but this has been shortened. Naturalisation is now possible after five instead of eight years of legal residence. With special proof of integration, naturalisation is even possible after three years. This includes special professional qualifications, voluntary work (e.g. membership of the volunteer fire brigade or voluntary work in the church) and, above all, special language skills (C1 certificate). However, the new Modernisation Act no longer stipulates that successful participation in an integration course automatically shortens the duration of residence by one year.
Facilitating the acquisition of German citizenship by birth
Children born in Germany automatically acquire German citizenship if at least one parent has been living legally in Germany for five years and has a permanent residence permit.
Old legal situation:
Under previous law, children born in Germany to foreign parents could already acquire German citizenship according to the so-called ius soli principle (= place of birth principle). For this, at least one parent had to have lived legally in Germany for eight years and have a permanent residence permit, such as a settlement permit.
New legal situation (from 26 June 2024):
The Act on the Modernisation of Citizenship Law facilitates this possibility by making the requirements less strict. For example, the minimum period of residence of one parent has been reduced from eight to five years. This means that more children born in Germany to foreign parents can obtain German citizenship at birth without reservations. This regulation is intended to strengthen the sense of belonging and promote a deeper rootedness in German society. However, it only applies to children born after the new law comes into force.
Relief for the guest worker generation
Old legal situation:
In the past, there were hardly any integration opportunities for immigrants in the western federal states and for contract workers in the former GDR, even though they all contributed to Germany's development. People who have lived here for 30 or 40 years and yet have not been granted naturalisation will now have easier access to it. Previously, these people also had to prove their language skills (oral and written). Members of the labour migrant generation also had to pass a naturalisation test.
New legal situation (from 26 June 2024):
Naturalisation is made easier for members of the so-called guest worker generation, including contract workers due to their many years of contribution. A naturalisation test is no longer required and the required language level is limited to oral comprehension. People who have integrated well, are active in voluntary work and have a C1 certificate in German can be naturalised after just three years.
Exceptions for certain people who do not have to prove their knowledge of German or take a naturalisation test:
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- Persons who have been in full-time employment for at least 20 months in the last two years.
- Persons living in a household with a full-time employee and a child.
- The so-called "guest workers"
- Contract workers who travelled to the Federal Republic of Germany until 1974 and to the former GDR until 1990.
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Commitment to the Basic Law
Recognition of the fundamental democratic order remains a prerequisite for naturalisation. It is supplemented by the recognition of Germany's special historical responsibility for the unjust regime of National Socialism and its consequences.
Old legal situation:
Until now, anyone who wanted to be naturalised in Germany had to undertake to respect the free democratic basic order of the Basic Law and declare that he or she does not pursue any unconstitutional aspirations.
New legal situation (from 26 June 2024):
In addition to these obligations, the new regulation adds a further requirement: Only those who "acknowledge Germany's special historical responsibility for the National Socialist reign of injustice and its consequences, in particular for the protection of Jewish life, as well as the peaceful coexistence of peoples and the prohibition of waging a war of aggression" may be naturalised. The amendment to the law aims to strengthen these principles and make it clear that people who adopt such contemptuous attitudes have no right to naturalisation in Germany. During the naturalisation process, particular attention is therefore paid to whether applicants genuinely recognise the guarantee of human dignity as the highest value of the constitution and the resulting fundamental democratic order, and whether they make a declaration that is correct in terms of content. Persons who commit acts motivated by anti-Semitism, racism or other contempt for humanity are excluded from naturalisation. If concrete facts point to a contemptuous attitude on the part of the naturalisation applicant, a supplementary interview is held to ensure that the commitment to the fundamental democratic order has actually been understood and that the legal requirements for naturalisation are met. This declaration is a new pillar in immigration law.
Securing your livelihood
Compared to the previous rules, the new legislation tightens the conditions and makes naturalisation more difficult. From now on, naturalisation is no longer possible if you are unable to support yourself (without state support). There are only a few exceptions, but these are very rare. People on low incomes, the elderly, the sick and those in part-time employment will therefore find it more difficult to fulfil the necessary conditions for naturalisation.
Old regulation:
In order to obtain naturalisation in Germany, applicants had to be able to support themselves and, if necessary, their family. However, receiving state aid did not automatically prevent naturalisation as long as the applicant was not responsible for it.
New regulation (from 26 June 2024):
Proof of financial security is one of the basic requirements for naturalisation, as the ability to provide for one's own needs and those of one's family is a crucial step towards full integration and participation in society.
According to the new regulation, applicants must also be able to support themselves independently. This means that they may no longer receive state support. The exception for people who were unintentionally dependent on this assistance has therefore been cancelled by the new law. However, some exceptions have been introduced that are exempt from the requirement of a secure livelihood. The following are affected:
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- Applicants for naturalisation who have worked full-time for at least 20 months in the last two years.
- Similarly, people raising a child with a spouse who has been working for 20 months do not have to prove their own financial support.
- Schließlich können selbst Einwanderer und ihre Ehepartner, die Sozialleistungen erhalten, eingebürgert werden, sofern sie nicht dafür verantwortlich sind.
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Erforderliche Unterlagen für die Einbürgerung:
Ausgefüllter Einbürgerungsantrag:
Dies ist das formelle Dokument, mit dem Sie die Einbürgerung beantragen.
Personaldokumente:
Dies umfasst Ihren Reisepass oder Personalausweis sowie eventuell weitere Dokumente, die Ihre Identität und Staatsangehörigkeit belegen.
Biometrisches Lichtbild:
Ein aktuelles Passfoto gemäß den Anforderungen für biometrisches Fotos
Aufenthaltstitel:
Wenn Sie kein deutscher Staatsbürger sind, benötigen Sie Ihren gültigen Aufenthaltstitel, der Ihren legalen Aufenthalt in Deutschland bestätigt.
Nachweis über den Lebensunterhalt:
Sie müssen Unterlagen vorlegen, die belegen, dass Sie und Ihre Familie (falls vorhanden) Ihren Lebensunterhalt eigenständig bestreiten können. Dies können Arbeitsverträge, Gehaltsabrechnungen, Kontoauszüge oder andere Einkommensnachweise sein.
Sprachnachweise:
Je nach Ihren individuellen Umständen müssen Sie möglicherweise einen Sprachtest absolvieren oder Sprachzertifikate (B1) vorlegen, um Ihre Deutschkenntnisse nachzuweisen.
Nachweise über Integration und Werte:
Dazu gehören Nachweise über Ihre Integration in die deutsche Gesellschaft, wie z.B. Teilnahmebescheinigungen von Integrationskursen oder Zertifikate über ehrenamtliches Engagement. Außerdem müssen Sie Ihr Bekenntnis zur freiheitlich-demokratischen Grundordnung und Ihre Anerkennung der deutschen Gesetze und Werte dokumentieren.
Einbürgerungstest:
Der Nachweis, dass Sie den Einbürgerungstest bestanden haben.
Es ist wichtig zu beachten, dass die genauen Anforderungen je nach persönlicher Situation variieren können und dass es zusätzliche Dokumente geben kann, die möglicherweise benötigt werden. Es wird empfohlen, sich direkt an die Einbürgerungsbehörde zu wenden, um eine genaue Liste der erforderlichen Unterlagen für Ihren spezifischen Fall zu erhalten.
Kurze Zusammenfassung:
Zulassung der doppelten Staatsbürgerschaft: Die Möglichkeit, die bisherige Staatsangehörigkeit beizubehalten, wird für alle Einbürgerungswilligen ermöglicht.
Erleichterungen beim Erwerb der deutschen Staatsangehörigkeit: Die Mindestaufenthaltsdauer für die Einbürgerung wurde verkürzt und besondere Integrationsnachweise können zu einer früheren Einbürgerung führen.
Erleichterungen für in Deutschland geborene Kinder ausländischer Eltern: Die Voraussetzungen für den Erwerb der deutschen Staatsangehörigkeit bei der Geburt wurden gelockert.
Relief for the guest worker generation: Personen, die seit Jahrzehnten in Deutschland leben, haben erleichterte Zugangsbedingungen zur Einbürgerung.
Commitment to the Basic Law: Ein Bekenntnis zur freiheitlich-demokratischen Grundordnung und zur historischen Verantwortung Deutschlands ist für die Einbürgerung erforderlich.
Securing your livelihood: Die Einbürgerung wird erschwert, da der Lebensunterhalt ohne staatliche Unterstützung gesichert werden muss. Es gibt jedoch einige Ausnahmen für bestimmte Personengruppen.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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