After weeks of negotiations, the Conservative-Social Democrat coalition (CDU/CSU – the Union – and SPD, often referred to as “Black-Red” due to their party colours) has agreed on key points for a new migration policy in their coalition agreement. This policy includes the rejection of asylum seekers at the borders, which should be carried out in coordination with European neighbouring countries, as well as the continuation of internal border controls. Family reunification policies will be further restricted. However, the new citizenship law and the Skilled Immigration Act will remain unchanged. Additionally, the coalition parties agree that foreign nationals convicted of serious crimes and sentenced to imprisonment should generally be deported.
As an interdisciplinary law firm with an international focus, Schlun & Elseven Rechtsanwälte offers expert legal advice and representation in all matters of German citizenship, residence, and criminal law. Our attorneys ensure our clients are always informed about the current legal situation and receive expert legal assistance when needed.
Continuation of the New Citizenship Law | Naturalisation | Dual Citizenship
In the new coalition agreement, the Conservative-Social Democrat coalition has decided to maintain the new citizenship law largely unchanged. However, the previously introduced option to become naturalised after three years in cases of outstanding integration (e.g., through good language skills, professional achievements, or volunteer work) will be abolished. This regulation was known as “turbo naturalisation” and was particularly criticised by the conservative Union parties (CDU/CSU). The general residency requirement for naturalisation remains reduced to five years (previously eight years).
However, the intended change to the “fast-track naturalisation” must first be implemented by the legislature. Until then, the current regulation will continue to apply. Applicants who wish to apply for naturalisation after three years should check as soon as possible whether it is worthwhile to submit an application.
Dual citizenship remains permitted. However, it remains a prerequisite that the country of origin also allows dual citizenship.
The coalition agreement did not include the originally discussed possibility of revoking German citizenship from naturalised persons with dual citizenship in certain cases. Instead, it will now be examined whether it is constitutionally possible to revoke German citizenship from individuals who call for the abolition of the free democratic basic order, provided they possess another nationality.
The regulation requiring children of foreign parents born in Germany to choose one nationality upon reaching adulthood (option requirement) has not been changed.
As an interdisciplinary law firm with a focus on German citizenship law, we are happy to advise you on the requirements for naturalisation.
Skilled Worker Immigration | Right to Stay for Employed Persons
According to the coalition agreement, immigration and integration of skilled workers will be strengthened. For this purpose, a “Work-and-Stay Agency” will be established. This aims to create incentives for skilled workers from abroad to settle in Germany to take up employment.
During the coalition negotiations, a compromise was also reached regarding the “Chancen-Aufenthaltsrecht” (Opportunity Residence Right): Individuals with tolerated status (those whose deportation has been temporarily suspended) who have lived in Germany for at least four years, are employed, speak German, have no criminal record, are considered integrated, and whose identity has been clarified, should receive a temporary residence permit.
However, the implementation of the Opportunity Residence Right remains complex and depends on specific individual circumstances. Our attorneys for residence and immigration law are happy to inform interested parties about the currently applicable requirements.
Limitation of Family Reunification in Germany
The current coalition agreement between the Union and the SPD includes several changes in the area of family reunification, particularly affecting those with subsidiary protection status.
Currently, persons with subsidiary protection status can bring family members to Germany. This option is limited to a total of 1,000 persons per month. The coalition’s plan: Family reunification for persons entitled to subsidiary protection will be suspended entirely for two years. Voluntary federal admission programs are also to be terminated.
The existing hardship clause in the Residence Act remains in place. It allows family members to join relatives in Germany in particularly urgent humanitarian cases, even beyond the quota. Importantly, these hardship cases are not counted against the monthly quota. There are plans to gradually increase this number in the coming years to facilitate family reunification in the long term.
If you would like further information on the specific requirements for family reunification or the application process, our residence law attorneys are available to assist you.
Preservation of the Fundamental Right to Asylum
In its election program, the CDU/CSU had called for a “de facto admission stop” and strictly regulated the admission of refugees exclusively according to quotas. At the end of the negotiations, the coalition agreed that the core of the right to asylum would remain untouched. There were two reasons for this: First, a change to the Basic Law (German constitution) in this area would hardly have had an effect. The number of asylum seekers granted protection on the basis of Article 16a of the Basic Law has been low for years. Second, even with a constitutional amendment, Germany would remain bound by the Geneva Refugee Convention, making such a change ineffective.
However, in future asylum procedures, the principle of official investigation is to be replaced by the principle of submission. This is a change with far-reaching consequences.
In asylum law, the principle of official investigation currently applies. This means that the Federal Office for Migration and Refugees (BAMF) and administrative judges must independently conduct research to clarify the facts fully. According to experts, such an approach ensures the legality and uniformity of administrative actions.
In contrast, the principle of submission has only been applied in civil law so far. Here, the parties themselves determine, through their statements and documents, what information flows into the proceedings and what is decided upon.
The new coalition agreement stipulates that rejected asylum seekers should leave Germany much more quickly as part of the so-called “Repatriation Offensive.” The Black-Red coalition has agreed to use all means available to the state to achieve this goal. On the one hand, the capacities for detention pending deportation are to be significantly expanded; on the other hand, legal assistance in the form of a public defender before deportation is to be abolished. In addition, cooperation with the countries of origin is to be significantly intensified. Deportations will also take place to Afghanistan and Syria. Airlines will be obligated to provide transportation.
Deportation of Foreign Criminals
The Union (CDU/CSU) had demanded in its five-point plan that criminals should be deported “at the latest after the second offence.” However, the current version of the Residence Act already provides for the possibility of deporting an offender upon the first commission of a crime. Therefore, it is not the frequency that is decisive but rather the severity of the offence committed.
The offender’s individual situation, such as whether the person has children, is also considered during the assessment. However, making deportation dependent solely on the number of criminal offences contradicts one of the basic principles of our legal system, according to which an individual case examination must generally precede a measure as serious as deportation.
According to the new coalition agreement, foreign nationals who have been sentenced to imprisonment for serious crimes are generally to be deported. Consequently, the agreement, in reality, brings hardly any legal innovations.
Individuals facing criminal charges and potentially fearing the loss of their residence permit should consult an experienced criminal defence lawyer. Our law firm offers comprehensive legal assistance in German criminal law in this context.
