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Bundestag at night with flags flying. Inside, preparations are underway for the new naturalization law, which is now coming into force.

New naturalization law in force as of today - these regulations are still unclear

Written by:
Christin Schneider
Expert for Immigration law

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The most important changes at a glance

  • Dual citizenship: now possible and no longer an obstacle!
  • Shorter waiting period: Only 5 instead of 8 years of residence in Germany required.
  • Special integration is rewarded: Naturalization is possible after just 3 years for outstanding integration achievements.
  • German citizenship for children: Children automatically become German if at least one parent is legally resident in Germany and has a Settlement permit .
  • Relief for the guest worker generation: exemptions for B1 and integration services.

What is still unclear?

The new Naturalization Act brings many advantages, but also some ambiguities. Particularly exciting is the possibility of being naturalized after just three years if you can demonstrate outstanding integration achievements. But what actually counts as outstanding integration achievements? So far, there have only been vague specifications, such as voluntary work. But how long and to what extent do you have to do voluntary work to meet these requirements?

The answers to these and many other questions will be provided by the application notes issued by the Federal Ministry of the Interior (BMI). These instructions are essential so that naturalization authorities can apply the law properly. However, until they are published, much remains unclear and causes uncertainty among applicants.

I am very pleased that the new citizenship law is now coming into force. Our reform is a commitment to a modern Germany. It will strengthen Germany as a business location. Because in the global competition for the best minds, we must give skilled workers the prospect of being able to become a full part of our society in the foreseeable future. Those who share our values and make an effort can now obtain a German passport more quickly and no longer have to give up part of their identity with their old citizenship. However, we have also made it just as clear that anyone who does not share our values cannot obtain a German passport. We have drawn a crystal-clear red line here and made the law much stricter than before. Anti-Semitism, racism and other forms of contempt for humanity rule out Naturalization . There is no tolerance whatsoever. In the past, there have been many debates about citizenship law that were characterized by exclusion and propaganda. These debates have taken place on the backs of people who have lived and worked in Germany for many years but have never been able to fully belong. This reform shows them: You belong to Germany.
Nancy Faeser
Federal Minister of the Interior

Another important point is the regulation on social benefits. Previously, receipt of unemployment benefit II was always an exclusion criterion for Naturalization. It should now be possible to be naturalized even if you receive supplementary social benefits. This means that families who are unable to fully secure their livelihood despite being fully employed can receive supplementary benefits without this standing in the way of Naturalization . But here, too, the details are still unclear: how much social benefit can be received without jeopardizing Naturalization ?

An additional aspect is the presentation of the naturalization certificate. If possible, this should take place in a ceremonial form, usually as part of a public naturalization ceremony and using the national symbols of the Federal Republic of Germany. How exactly these ceremonies are organized, however, is still questionable.

In addition, the requirement of sufficient language skills can be limited to oral communication if the acquisition of sufficient skills is not possible or is permanently difficult despite serious efforts. However, the exact criteria for this have not yet been defined.

Conclusion

The new Naturalization Act offers many advantages, but also raises some questions. As long as the exact instructions have not yet been published by the BMI, it remains unclear:

  1. What are special integration services?
  2. Under what circumstances and to what extent may social benefits be drawn in exceptional cases?
  3. When and in what form is the naturalization certificate issued?
  4. Can an exemption from the B1 language certificate be granted for reasons of hardship?

We will continue to keep you informed and will be happy to assist you with questions and the naturalization process.

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