Need for the new naturalization law
In Germany, the number of naturalizations has been low for years, especially in comparison to other EU countries. This shows that the current citizenship law does not do enough to support people with an immigration background and motivate them to integrate. The German government has recognized this problem. It therefore emphasizes the importance of improving nationality law and adapting it to the needs of a country to which people immigrate.
Objectives and key points of the modernization
The main aim of the changes to the law is to enable foreigners who wish to live in Germany long-term and are committed to the free democratic basic order to participate fully in social life. Important points of the new law are
Faster Naturalization
The modernization provides opportunities for faster Naturalization . This serves as a further incentive for rapid integration and makes it possible to meet the requirements of Naturalization earlier.
Admission of dual citizenship
A decisive aspect of modernization is the general admission of multiple nationalities. Many foreigners living in Germany do not want to give up their previous nationality, as they also feel connected to their country of origin. Integration into German society is not hindered by this, but rather supported by aspects such as language skills, education, professional integration, the ability to earn a living, social participation, civic engagement, civic knowledge and a commitment to the free democratic basic order.
Facilitating the acquisition of German citizenship by birth
The new law completely abolishes the option regulation for the place of birth principle. The required period of residence of the relevant parent will be reduced from 8 years to 5 years, which means that more children born in Germany to foreign parents will receive German citizenship by birth without any reservations.
Relief for the guest worker generation
In recognition of their lifetime achievements, Naturalization will be made easier for members of the so-called guest worker generation, including contract workers. The required language level is limited to oral proficiency and a naturalization test is no longer required.
In addition, a hardship clause has been created for the language certificate, which in certain cases considers oral knowledge to be sufficient if the acquisition of language skills at level B1 is not possible or is permanently difficult despite serious and sustained efforts.
How the vote was taken
In a remarkable round of voting in the Bundestag, the new Citizenship Act was passed with a clear majority on January 19, 2024. A total of 736 members took part in the vote, of which 382 voted in favor of the law, while 234 were against and 23 abstained. The vote reflected the party political landscape and showed clear tendencies in the parliamentary groups.
The SPD, with 207 members, showed strong support for the law, with 184 votes in favor and not a single vote against. CDU/CSU, on the other hand, with 197 members, positioned itself almost unanimously against the law, with 167 members voting against. B90/Greens and FDP also showed clear support with 110 out of 118 and 76 out of 92 votes in favor respectively. The AfD, with 78 members, largely voted against the law, with 62 voting against. Interestingly, the group of non-attached members showed a mixed reaction, with 12 votes in favor, 3 against and 17 abstentions.
What has changed?
As part of the reorganization of citizenship law in Germany, significant changes have been made that not only facilitate the path to German citizenship, but also recognize the diversity and multiple identities in society. Here are the most striking innovations brought about by the new law:
Naturalization deadlines
Firstly, the deadline for Naturalization was significantly shortened. Whereas previously you had to live in Germany legally for 8 years to be able to apply for German citizenship, it is now only 5 years or 3 years in the case of special integration achievements. These changes open the door to full social participation more quickly for many people who have found a new home in Germany.
Dual nationality
One of the most significant changes is certainly the introduction of dual citizenship. This innovation allows many people to retain their roots and ties to their country of origin while becoming full members of German society. This is a significant relief, especially for people from countries such as Turkey, Serbia, Kosovo, Bosnia, Belarus and Russia, where giving up their original citizenship can be associated with considerable difficulties.
Protection against expropriation
Dual citizenship offers protection for your assets. By retaining your original citizenship as well as your German citizenship, you minimize the risk of becoming a victim of expropriation. This is particularly relevant in countries where private assets may be subject to state seizure. With two passports, you effectively protect yourself against such state intervention.
Simplifications in inheritance law
Retaining your original citizenship also has a positive impact on inheritance law matters. You retain your inheritance rights in your home country, which makes it much easier to transfer assets such as residential property or family assets. This legal continuity ensures that your assets can be inherited easily and in accordance with the legal provisions of your country of origin.
Visa-free travel - traveling without borders
Another significant advantage of dual citizenship is that it makes it easier to travel. With a German passport in your pocket, you enjoy the privilege of being able to enter many countries without a visa. This not only saves time and effort that would otherwise have to be spent on visa procedures, but also opens up uncomplicated opportunities for spontaneous travel, be it vacations or business trips, both to your home country and to other nations. In 2023, the German passport was one of the most powerful passports in the world, ranking third behind Singapore and Japan.
Naturalization after 3 years with a new law?
German citizenship for children
The new law also strengthens citizenship at birth. Children born in Germany will automatically receive German citizenship if at least one parent has lived legally in Germany for at least 5 years and has a permanent right of residence. This regulation strengthens the sense of belonging from the first generation onwards and promotes a deeper rootedness in German society.
Language skills
For those who are particularly well integrated and can prove this with a C1 language certificate, it is even possible to be naturalized after just 3 years. This acceleration of the procedure shows how much Germany values language as the key to integration. In addition to the C1 language certificate, voluntary work is required in order to be naturalized in Germany after just 3 years.
Livelihood
Proof of a secure livelihood is one of the basic requirements for Naturalization. This reflects the belief that the ability to provide for oneself and one's family is a crucial step towards full integration and participation in society. By demonstrating that they can support themselves without state support, such as from the job center, applicants show their independence and commitment to contributing to the community as full members.
It is important to emphasize that the law also shows flexibility and understanding for individual circumstances. Special regulations and hardship clauses take into account people who, for various reasons, are unable to meet the requirements under normal circumstances. These could be older people, long-term residents, or people with special challenges. Such regulations show an effort to maintain a balanced and fair approach to the issue of livelihood and not to disadvantage anyone.
Commitment to the Basic Law
The free democratic basic order is at the heart of the German state and forms the framework for respectful and peaceful coexistence in society. Recent amendments to the Citizenship Act underline the importance of this fundamental principle, particularly in the context of Naturalization.
The introduction of the sentence in Section 10 (1) sentence 3 of the Citizenship Act explicitly states that actions or statements with anti-Semitic, racist or other inhuman motives are in direct contradiction to the free democratic basic order. This is a clear sign that such attitudes and behavior have no place in Germany.
Federal Administrative Court underlines the human rights enshrined in the Basic Law
The Federal Administrative Court emphasizes that the human rights enshrined in the Basic Law form the core of the free democratic basic order. Disregarding these rights, for example through anti-Semitic or racist discrimination, therefore constitutes a violation of the free democratic basic order. The amendment to the law aims to strengthen these principles and make it clear that people who hold such inhuman attitudes are not entitled to Naturalization in Germany.
Supplementary discussions on the actual understanding of democracy
In the naturalization process, particular attention is therefore paid to whether applicants truly acknowledge the guarantee of human dignity as the highest value of the Basic Law and the free democratic order based on it, and whether they make a substantively correct declaration.
If there are concrete facts that indicate an inhuman attitude on the part of the naturalization applicant, a supplementary interview is held to ensure that the commitment to the free democratic basic order has actually been understood and that the legal requirements for Naturalization are met.
Commitment against anti-Semitism
The resolute commitment against anti-Semitism is a central component of German state policy and reflects the country's deep commitment to the values of human dignity and tolerance as enshrined in the Basic Law. Recent amendments to nationality law underline this position by making it clear that anti-Semitic acts and attitudes are in direct contradiction to the free democratic basic order. This commitment is not only translated into words, but also into deeds, by ensuring through careful examinations and interviews during the naturalization process that applicants truly recognize and respect the values of the free democratic basic order. By consistently rejecting anti-Semitic and other inhumane behavior, Germany sends a strong signal for respect, diversity and the inviolability of human dignity.
Withdrawal of citizenship
German citizenship, once granted, is not an irrevocable right and can be revoked under certain circumstances within a period of 10 years. In particular, it can be revoked if Naturalization was granted on the basis of fraudulent conduct, such as deceit or false statements. The latest legal changes extend this regulation: Now false statements regarding commitment to the free democratic basic order, a core principle of the German state, can also lead to citizenship being revoked. This measure reflects the great importance that Germany places on the honesty and reliability of the information provided in the naturalization process.
The advantages of the new law
One of the outstanding advantages of the law is that it facilitates integration. By shortening the period of residence for Naturalization from 8 years to 5 years, or even to 3 years in the case of excellent language skills and special integration achievements, people living in Germany are given a faster path to full participation in society. This accelerated process not only promotes social and cultural integration, but also encourages active civic engagement and political participation.
Another fundamental aspect of the new law is the recognition and admission of dual citizenship. This change recognizes the complex and multi-layered identities of people who have roots in more than one country. The ability to retain one's original nationality while acquiring German citizenship respects emotional and cultural ties to countries of origin and strengthens individuals' sense of belonging and identity.
Particularly noteworthy is the introduction of simplified procedures for acquiring citizenship by birth (ius soli acquisition) and the special consideration given to the guest worker generation. Children born in Germany can now obtain German citizenship more easily if at least one parent has lived legally in Germany for five years and has a permanent right of residence. This promotes a strong bond with German society from the outset.
For the guest worker generation, whose contribution to the establishment and development of Germany is indisputable, Naturalization is made considerably easier by reducing the requirements for language skills and waiving the naturalization test, which acknowledges and respects their lifetime achievements.
Possible disadvantages and challenges
Although the new Citizenship Act takes many progressive steps towards inclusion and recognition of diversity, it is nevertheless essential to consider potential disadvantages and challenges that could come with these changes.
Overloading the authorities
One important point that requires particular attention is the possible overloading of the authorities. The new regulations, in particular the possibility of faster Naturalization and the general admission of dual citizenship, could lead to a significant increase in the number of applications. The naturalization authorities are already overloaded in some cases. This could further increase processing times and strain the capacity of the relevant offices, which could ultimately lead to delays in the naturalization process. A punctual Naturalization after 3 years or 5 years therefore seems unrealistic.
Increased demands on the German language
In addition, expectations regarding naturalization deadlines could be difficult to meet in reality. Although the law offers the possibility of accelerated Naturalization after 3 years with excellent language skills, this could be a high hurdle for many people living in Germany. Especially for those who struggle with the complexity of the German language or who, for various reasons, do not have the opportunity to gain intensive language qualifications, this requirement could represent a significant barrier on the path to citizenship.
Finally, it is crucial that the introduction of the new law is accompanied by comprehensive information and support services to ensure that all those affected, regardless of their background or social status, can understand and successfully navigate the naturalization process. Only through careful planning and the provision of adequate resources can the new Citizenship Act reach its full potential and become a valuable tool for a fair, inclusive and diverse society.
If you are planning to go to Naturalization after 3 years, we recommend that you study the German language intensively now.
Important tips and information
When navigating the new provisions of the Citizenship Act, it is important to be well prepared and informed. Here are some valuable tips and advice that can help you navigate the naturalization process and the requirements for Naturalization efficiently and successfully.
Submit application as early as possible
First of all, it is advisable to submit your naturalization application as early as possible, especially if you are close to meeting the requirements. Even if the law has not yet fully come into force, applying early will allow you to speed up the process and reduce potential waiting times. Make sure that all your documents, such as passports, Residence permit and proof of your language skills, income and living arrangements, are complete and correct. Careful and well-organized documentation will go a long way towards avoiding delays and speeding up the entire process.
Please note: Some naturalization authorities may reject applications submitted too early on the grounds that the new law has not yet come into force and therefore your requirements are not yet met.
Find out more
It is also important that you inform yourself thoroughly about the changes to the law. Understand exactly how the shortening of the period of residence, the possibilities for faster Naturalization and the recognition of multiple nationalities can affect you personally. Use all available resources to find out about the changes to the law on residence in Germany, be it through official information sites or our social media channels such as TikTok, YouTube, Instagram.
It is particularly important for members of the guest worker generation and others who may benefit from the facilitated naturalization conditions to understand the specific requirements and facilitations. If you are unsure whether you meet the language requirements or whether you qualify for a hardship clause, do not hesitate to seek professional advice.
Remember that patience and diligence are key aspects of managing the naturalization process. Keep an eye on all deadlines, submit your documents on time and don't hesitate to seek support if you encounter challenges. With the right preparation and a sound understanding of the new regulations, you can successfully navigate the path to German citizenship.
What happens next?
The Citizenship Modernization Act is well on its way, but there are still a few steps to go before it officially comes into force. Here's a simple overview of what happens next:
The Federal Council must pass the law
The Bundesrat, i.e. the representation of the German federal states, plays an important role in the passing of laws. The Act on the Modernization of Citizenship Law will be discussed at the Bundesrat meeting on 2 February 2024. If the Bundesrat passes the law at this session, it will be another major step forward.
Promulgation in the Official Gazette: Once the Federal Council has given its approval, the law is officially promulgated in the Official Gazette. This is the formal announcement, so to speak, that the law has been passed.
Entry into force of the law: The law states that it will take effect 3 months after promulgation in the Official Gazette. This means that the law comes into force and the new rules and changes in citizenship law apply to everyone 3 months after the official promulgation.
What is the realistic timetable?
Although some reports have mentioned that the law might come into force as early as April, it looks like May 1, 2024 is a more realistic date. This is because the process takes time - especially the Federal Council meeting and the 3 month wait after promulgation in the law gazette.
To summarize: If all goes well and the Federal Council passes the law on February 2, 2024, the new rules in nationality law could apply from May 1, 2024. We will of course keep you up to date as soon as there is any news!
Conclusion
The new Citizenship Act represents a significant step in Germany's development towards an open and inclusive society. With the shortening of naturalization periods, the recognition of multiple citizenship and the special consideration of children born in Germany and the guest worker generation, the law addresses the central challenges and needs of a modern, diverse society. It paves the way for more comprehensive participation and integration of people who have made Germany their home.
Despite the positive direction and the many advantages that the law brings, potential challenges and disadvantages must not be ignored. The potential overburdening of the authorities, the high expectations regarding naturalization deadlines and the social issues surrounding multiple citizenship require careful planning, open communication and proactive solutions.
For those wishing to go down the Naturalization route, it is essential to be well informed and prepared. Early application, careful preparation of documents and a thorough understanding of the new regulations are crucial for a successful process. It is important to be patient and make use of the support services available.
Overall, the new Citizenship Act symbolizes Germany's commitment to a society that understands diversity as a strength and sees integration as a common path. It is a bold step towards a future in which every individual, regardless of their origin, has the opportunity to participate fully and equally in society. With the right framework conditions and a collective commitment, this law can help to further strengthen and enrich coexistence in Germany.
Would you like to know whether you meet the requirements for Naturalization after 5 years or 3 years of legal residence in Germany? Then take the free test at www.migrando.de/test.
Do you still have questions about Naturalization after 3 years?
FAQ - Questions and answers on the new Naturalization Act
The new Naturalization Act 2024 comes into force on 26.06.2024!
Children born in Germany are more easily granted German citizenship if at least one parent has lived legally in Germany for five years and has a permanent right of residence.
For the guest worker generation, Naturalization is made easier by reducing the language requirements and waiving the naturalization test.
Special integration achievements can be language certificates C1-C2. In addition, voluntary work and particularly strong performance at work can also constitute special integration achievements.
Possible challenges include the potential overloading of the authorities or, for example, high expectations regarding naturalization deadlines.
Early application, careful preparation of documents and a thorough understanding of the new regulations are crucial for a successful naturalization process.
Under the new Naturalization Act, it should be possible to apply for Naturalization after 5 years or after 3 years with special integration efforts.
