Germany’s laws on dual citizenship have undergone a historic transformation. Traditionally reluctant to allow dual citizenship, Germany has gradually become more lenient, especially for citizens from other EU member states and Switzerland, and now dual citizenship is more accessible for those residing in Germany from third countries (non-EU countries). Previously, German citizens living abroad needed a Retention Permit (die Beibehaltungsgenehmigung) to maintain dual citizenship. However, the Bundestag has now approved significant changes to the citizenship legislation, enabling residents with five years of residency to obtain a German passport while retaining their original nationality.
Proponents believe this groundbreaking law will increase the number of people applying for German citizenship, promoting equal participation and making Germany a more attractive destination for immigrants, thus addressing existing labour shortages. At Schlun & Elseven Rechtsanwälte, our dedicated team of German citizenship lawyers is ready to provide expert guidance on all aspects of German dual citizenship law. We are committed to offering tailored and effective solutions to help our clients navigate the evolving legal landscape smoothly. Please do not hesitate to contact us directly regarding all matters concerning dual citizenship law in Germany.
Transformative Changes to German Dual Citizenship Law 2024
Dual Citizenship Changes
A groundbreaking change in the revised law is the embrace of multiple citizenships. Applicants are no longer obligated to renounce their original citizenship when acquiring a German passport. This development is especially significant for individuals from non-European Union countries, as it facilitates the acquisition of German citizenship without severing ties to their countries of origin. While dual citizenship was previously permitted for those arriving from other EU member states and Switzerland, and in specific scenarios for those from other states, this impending change will considerably broaden the accessibility of dual citizenship.
Moreover, under this provision, children acquiring German citizenship will retain their parents’ citizenship, demonstrating a nuanced approach that acknowledges and respects cultural heritage and ties to the parent’s country of origin. This step ensures that children enjoy the rights and privileges of German citizenship while maintaining a connection to their familial roots.
However, although the path is now more straightforward towards dual citizenship, applicants should be aware that dual citizenship cases can be fraught with difficulties. Such cases also require the laws of the other states to be amenable to dual citizenship, and it is generally advisable to consult with professional legal counsel before starting the process. Our German citizenship law team at Schlun & Elseven Rechtsanwälte comprehensively advises clients of all nationalities regarding their ability to gain dual citizenship in Germany.
The Removal of the Retention Permit (die Beibehaltungsgenehmigung) Requirement
The revamped citizenship law also abolishes the requirement for German citizens based abroad to renounce their citizenship when naturalising in another country. This monumental change reflects an understanding of the interconnected nature of the modern world and the significance of maintaining ties to multiple countries. This amendment promotes cultural diversity and fosters global connections by offering greater flexibility and opportunities for individuals seeking citizenship elsewhere without severing their German connections.
While an exception had previously existed for those with the Retention Permit (die Beibehaltungsgenehmigung), the overall policy shift now embraces a more inclusive stance towards dual citizenship. In recognising the increasingly interconnected world, Germany’s new citizenship law signifies a commitment to embracing diversity and fostering global connections.
Citizenship by Residency: German Citizenship After Five Years
The new German citizenship law promises to bring about substantial changes, with a particular focus on residency criteria. In a departure from the previous eight-year stipulation, the revised legislation now mandates a reduced residency period of five years. This transformative adjustment is geared towards expediting the naturalization process, enabling eligible residents to attain German citizenship more swiftly.
Among the pivotal aspects introduced by the legislation are alterations in citizenship rights for children born to foreign parents in Germany. Formerly, eligibility for German citizenship hinged on one parent having resided in Germany for eight years before the child’s birth. These changes alter this requirement to five years, recognising the challenges faced by children born and raised in Germany who previously confronted extended residency prerequisites for acquiring citizenship.
The Changes for the “Gastarbeiter Generation”
The new German citizenship law will also modify the language skills requirements for those from the “Gastarbeiter Generation” – the “guest worker” generation in Germany, primarily individuals who migrated from other countries in the 1950s and 1960s to address the post-war labour shortage. Instead of demanding B1 level German, the new law considers conversational German language skills sufficient for those of this group. Additionally, the requirement for a citizenship test for the Gastarbeiter Generation is also waived, further streamlining the process.
Limitations on acquiring dual citizenship based on where an individual was from have also played a substantial role in discouraging those from the Gastarbeiter Generation from becoming citizens. Many of the Gastarbeiter Generation came from Turkey and other third countries and were often not eligible for dual citizenship in Germany. They would have had to give up their previous citizenship to gain German citizenship, which many were unwilling to do. They, therefore, did not become German citizens despite living in the country for decades. The prospect of allowing dual citizenship alongside simplified language requirements and a waived naturalization test applicable to the Gastarbeiter Generation might change that.
Exclusion from Citizenship Due to Criminal Activity
Even with the aim to promote citizenship acquisition, the new law maintains a careful balance by excluding individuals with specific criminal convictions. Aligned with Germany’s commitment to the “free democratic fundamental order,” the changes reflect that matter by showing criminal convictions related to anti-Semitic, racist, xenophobic, or inhumane acts are opposed to this order and can serve as grounds for exclusion from German citizenship.
This provision reinforces Germany’s unwavering stance against hate crimes, ensuring that those engaged in such behaviour are not granted the privileges and rights associated with German citizenship. The legislation acts as a protective measure to uphold the integrity of German citizenship, reserving it for individuals genuinely committed to inclusivity, respect, and equality.
Benefits of Dual Citizenship
Dual citizenship offers many advantages. One significant benefit is the ability to freely reside, work, and study in both Germany and the second country of citizenship. Dual citizens have the right to participate in political processes, including voting and running for office themselves in both countries. Furthermore, having dual citizenship can foster more robust ties to cultural heritage and promote a sense of belonging to both countries and cultures. Dual citizens can access social benefits and services in both countries, including healthcare, education, social security, and retirement benefits.
Family reunification with family members in the second country of citizenship can be easier by remaining a citizen. Dual citizenship can also be advantageous for cross-border business opportunities, more accessible travel and, in some cases, helpful or necessary for handling inheritance matters.
Lastly, being a citizen of two nations provides an extra level of security as you are not as dependent on the political or economic situation of the nation you reside in. By having dual citizenship, you have the privilege of being able to reside in and enjoy the benefits and opportunities offered by the second country of citizenship as well.
Schlun & Elseven: Expert Advice in German Citizenship Law
At Schlun & Elseven Rechtsanwälte, our seasoned German citizenship lawyers are here to guide clients through the complexities of German citizenship law, including the upcoming proposed changes to the law. Whether guiding through eligibility assessments, paperwork preparation, or legal proceedings, our dedicated team ensures compliance with all requirements.
As Germany undergoes transformative citizenship law changes, including reduced residency requirements and acceptance of multiple citizenships, our lawyers stand ready to facilitate a streamlined naturalization process. Amidst these pending changes, collaboration with our legal professionals becomes vital for individuals dealing with the German citizenship process. Our team is ready to guide you through the new legal changes, evaluate eligibility, and manage documentation intricacies by providing expert advice and unwavering support.
