Nationality law - Shorter naturalization period: "lip service" is not enough
With the enactment of the new Staatsangehörigkeitsgesetz, the traffic light coalition has implemented one of its central projects in migration policy. The new rules, which have been in effect since Thursday, feature shorter waiting periods and allow for dual citizenship for all. In order to facilitate nationwide uniform implementation, the Federal Ministry of the Interior reportedly sent preliminary application guidelines for this purpose to the states a few days before the start date of the new regulations on Thursday.
However, these guidelines do not have a binding character for the states, as a spokesperson explained to the German Press Agency. They stated to the German Press Agency: "The practice of the past years has shown that the states orient themselves towards the application guidelines of the Federal Ministry of the Interior to ensure that the legal regulations on citizenship are applied uniformly."
The coalition's draft law stipulates that an application for naturalization is now possible after five years, provided the applicant meets all conditions. For exceptional integration achievements, foreigners can become Germans after three years. Conditions for faster naturalization include good performance in school or a job, excellent language skills, or voluntary engagement. Dual citizenship is generally allowed.
Five-year instead of eight-year waiting period
All children born in Germany to foreign parents are entitled to German citizenship from now on and can retain the citizenship of their parents if at least one parent has lived lawfully in Germany for more than five - instead of the previous eight - years and holds an unlimited residence permit. The so-called Optionsregelung, which previously applied to young people not born in Germany, is abolished. In order to honor the achievements of DDR contract workers and so-called guest workers, the requirements for naturalization have been lowered for these groups.
"Many have been waiting for this for decades," said the Integration Commissioner of the Federal Government, Reem Alabali-Radovan (SPD). "Germany has finally caught up with the times with this reform."
The FDP pointed out that the fees for naturalization, despite the shorter waiting periods, would not be reduced overall. "Getting a German pass will be faster, but harder, because the requirements for naturalization have been significantly tightened," said FDP interior politician Stephan Thomae.
A higher number of applications does not necessarily mean that there will be significantly more naturalizations in the long term. "Those who want to become Germans will have to stand on their own financially, unlike before," said FDP Bundestag member. "Furthermore, we are making exams more difficult, so that anti-Semites and people who do not share our values are not naturalized," he added.
The German Association of Counties expects a significant increase in naturalization applications. "We estimate that the number of naturalization applications will double, even triple in some cases," said President Reinhard Sager to the "Bild" newspaper.
In recent years, the number of naturalizations has significantly increased: In Germany, around 200,100 foreigners were naturalized in 2023 - the highest number since the beginning of the time series in the year 2000. According to the Federal Statistical Office, this was approximately 31,000 (plus 19%) more than the previous year, when the number had already increased by around 37,000 (+28%).
A "lip service" commitment from Germany is not enough
As reported by the Interior Ministry, the application guidelines provided to the states include instructions on what indicators could point to an ineffective "lip service" commitment to the free democratic basic order of the Basic Law and Germany's "special historical responsibility" for the National Socialist dictatorship and its consequences. This included, for example, calls for the destruction of the State of Israel and corresponding sympathies on social media, as well as incitement to war and homophobic actions.
The Federal Interior Ministry also provides practical guidance to the states on how to determine if someone who is considered part of the so-called guest worker generation does not have to provide a written language proficiency certificate, at least sufficient oral language skills.
Concrete guidelines also exist for the now restricted possibility of a so-called discretionary naturalization. This applies, for example, in cases of serious illness or if someone cannot earn a living independently due to caring for relatives. According to ministry circles, the prerequisite for naturalization based on the hardship provision is that someone, who belongs to one of the vulnerable groups listed in the law, has "objectively done everything possible and subjectively been able to bear" to secure their own livelihood and is still, fully or partially, dependent on public assistance.
- The Federal Ministry of the Interior sent preliminary application guidelines to the states before the new naturalization rules came into effect.
- The traffic light coalition's migration policy project, the Staatsangehörigkeitsgesetz, features shorter waiting periods and allows for dual citizenship.
- The new Nationality Act allows children born in Germany to foreign parents to become Germans after five years, provided they meet all conditions.
- The FDP criticized the lack of reduction in naturalization fees despite the shorter waiting periods and tighter naturalization requirements.
- The German Association of Counties expects a significant increase in naturalization applications due to the new rules.
- The Interior Ministry has provided guidelines to determine if someone's "lip service" commitment to Germany's democratic principles is insufficient.
- According to the Federal Statistical Office, around 200,100 foreigners were naturalized in Germany in 2023, the highest number since 2000.
- The new Nationality Act also includes provisions for discretionary naturalization in cases of serious illness or financial hardship.
