Significant changes in citizenship law
Freedom of movement throughout Europe, an unrestricted right to vote, a passport that is one of the "most valuable" in the world - German citizenship brings many advantages. Those who have not already acquired it by birth through a German parent can apply for naturalization, and thus take the final step on the long road to integration. On average in the EU, however, Germany is in a rather poor position as far as naturalizations are concerned: only just under 1.1 percent of all foreigners living in Germany applied for naturalization in 2022. As a result, many people, more than five million in total, have been living in Germany for many years, are well integrated, but still cannot participate in German democracy on an equal footing.
The Federal Government has now also recognized this problem and therefore passed a bill to modernize citizenship law in August 2023. The Bundestag passed this bill on January 19, 2024, and it has also already passed the Bundesrat. When the law comes into force on 27 June 2024, it will bring far-reaching changes to the issue of naturalization. We explain exactly which ones here.
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Julia Robl
What is the legal situation at the moment?
In order to understand the scope of the proposed changes, it is helpful to first understand the current legal situation regarding naturalization, which is primarily found in Section 10 (1) StAG. This standard requires, among other things, that applicants have been legally resident in Germany for at least eight years. In some exceptional cases, for example if voluntary work or particularly good language skills can be proven, this period can be shortened to up to six years. In addition, Section 10 StAG stipulates that naturalization is generally only open to people who are willing to give up their previous citizenship. A detailed explanation of all the requirements that must be met for a successful application can be found on our main page on naturalization.
Reduction of the prescribed length of stay
In future, naturalization in accordance with Section 10 StAG will be possible after only five years of legal residence in Germany (and not eight years as previously). As with the current legal situation, it should still be possible to shorten this period by up to two years due to special integration achievements in school, training or work or particularly good language skills. According to the new law, the waiting period for naturalization can be shortened from five to three years.
Dual citizenship possible in the future
In addition to this shortening of the period of residence, the draft law also provides for a second significant change: Multiple nationality is to be possible in future. This means that naturalization applicants will no longer have to give up their previous citizenship in order to obtain a German passport.
This facilitation of dual citizenship not only has far-reaching consequences for naturalization, but also changes the legal situation with regard to the acquisition of German citizenship by birth. Until now, children of foreign parents who are born in Germany and acquire German citizenship in addition to that of their parents in accordance with § 4 Para. 3 StAG must choose which of the two citizenships they wish to retain after reaching the age of 21 if they have not grown up in Germany. The new law abolishes this option provision in Section 29 (1) StAG.
Relief for guest worker generation
The draft law provides further relief for the group of guest workers and contract workers. In order to recognize their contribution to Germany's development, the requirements for naturalization are to be adjusted for them. In future, former guest workers will no longer have to take a naturalization test in order to obtain a German passport. In addition, the requirement of sufficient language skills will be considered fulfilled for them if they can communicate in everyday life "without significant problems", whereby only oral skills are sufficient.
Other changes
In addition to all these major changes, the law also introduces several minor amendments. For example, in future, foreigners who are married to several spouses at the same time will not be eligible for naturalization. Behavior that expresses a disregard for the equal rights of men and women will also be grounds for exclusion in future.
On the other hand, the requirements for naturalization applicants have been relaxed. In future, it will be assumed that an applicant's livelihood is secure if they are in full-time employment and have been for at least 20 months in the last 24 months. The receipt of social benefits for up to four months should therefore no longer prevent a claim to naturalization.
Since the bill reduces the minimum duration of residence, as already described above, the possibilities of crediting a previous residence in the Federal territory within the framework of Section 12b (3) StAG will also be limited. In the future, only up to three years of prior residence (and not up to five years as before) will be eligible for credit.
Last but not least, the new law will also introduce a symbolic change: Anyone who acquires German citizenship through naturalization will in future be presented with their naturalization certificate at a public naturalization ceremony.
When did the law come into force?
After the bill was passed by the Bundestag on January 19 and subsequently also passed the Bundesrat, it was promulgated in the Federal Law Gazette on March 26. Three months after this promulgation, i.e. on June 27, 2024, the law came into force.
FAQ on dual citizenship:
With which nationality is dual nationality not possible in Germany?
However, if you wish to obtain dual citizenship, this must also be in accordance with the nationality law of your country of origin be possible. Some countries stipulate that your citizenship is automatically lost if you are naturalized in another country.
These countries are in particular:
- Ethiopia
- Bhutan
- China
- Ivory Coast (Cote d' Ivoire)
- Guinea
- Honduras, if Honduran citizenship was acquired through naturalization
- India
- Indonesia
- Japan
- Cameroon
- Kazakhstan
- Comoros, if the person concerned has reached the age of 21.
- Congo, Democratic Republic (COD)
- Cuba
- Libya
- Madagascar
- Mauritania
- Micronesia
- Monaco
- Myanmar
- Namibia
- Nepal
- Papua New Guinea, if the person concerned has reached the age of 18
- São Tomé and Príncipe
- Senegal
- Zimbabwe, if the person concerned has reached the age of 21 (is of legal age)
- Sri Lanka
- South Africa, if the person concerned has reached the age of 18
- South Korea (Republic of Korea)
- Suriname
- Tanzania, if the person concerned has reached the age of 18
- Tonga
- Trinidad and Tobago
How long will it take for a decision to be made on my naturalization application?
It usually takes up to 12 months for a decision to be made on an application for naturalization. The new Naturalization Act has also been in force since 27 June 2024. It is therefore to be expected that the number of naturalization applications will increase significantly. As a result, processing times are also likely to increase by several months. If the authorities do not make a decision on your application for too long, it may be advisable to file an action for failure to act. Our lawyers will be happy to advise you on this.
Do you still have to take a naturalization test under the new Citizenship Act?
YesThe new law does not change the rules for the naturalization test. However, as before, you do not have to take the test if you are at least a German school-leaving qualification (qualificationRealschule, Abitur etc.)a completed vocational training with a grade in the subject of social studies or a degree in the fields of law and social sciences, social sciences or politics naor politics.
Can I get my foreign citizenship back if I have already given it up due to naturalization in Germany?
Whether you can get back your old citizenship, which you gave up for naturalization, depends on on the Rright of your originstaates from. According to German law, from June 27, 2024, when the the new Citizenship Act comes into force, there will be nothing to stop it.
Can I keep my citizenship if I have already submitted an application or have already been granted naturalization?
The modernized Citizenship Act (StAG) came into force on 27 June 2024. Since this date, the new legal situation has applied, according to which renunciation of current citizenship is no longer required for naturalization in Germany. In principle, the new legal situation applies to you if you are issued a naturalization certificate after 27 June 2024.
Before the naturalization certificate is issued, you will first receive an assurance of naturalization, which is usually valid for 2 years. Before 27 June, when the assurance of naturalization was issued, you were asked to submit proof that you had renounced your current citizenship so that the naturalization certificate could then be issued. You had time to do this as long as the assurance of naturalization was valid.
If you have received an assurance of naturalization before 27 June 2024, you should ask for a date to be set after this date to receive your naturalization certificate without renouncing your current citizenship. Our lawyers will be happy to advise you on this.
Can I apply for naturalization now if I want the provisions of the new law (dual citizenship, shorter period of residence, etc.) to apply to me?
The new law on citizenship comes into force on 27 June 2024, but the processing time for an application for naturalization is usually around 12 months. The decisive factor for your application is the legal situation at the time when the authorities make a decision. It is very likely that this will not be until after June 27. This means that you can, in principle, submit an application for naturalization now, which will then be decided according to the new legal situation. If a decision is made on your application before June 27, 2024, you will first be asked to provide proof that you have been released from your existing citizenship. If you do not do this by June 27, you will be able to benefit from the new law after this date and retain your citizenship.
However, this varies from authority to authority and also depends on how long you have been in Germany. Our lawyers will be happy to advise you on your personal situation.
I have already applied for naturalization. Can I still get dual citizenship?
The question of dual citizenship depends on the legal situation at the time you receive your naturalization certificate. If you meet all the requirements, you will initially only receive an assurance of naturalization from the authorities, in which you will be asked to renounce your previous citizenship.
This assurance of naturalization is usually valid for two years. As the new law comes into force on June 27, 2024, you can then be naturalized without having to give up your previous citizenship.
When and for whom is dual citizenship permitted under the new law?
According to the new Citizenship Act, since June 27, 2024, anyone who wants to be naturalized in Germany can now retain their previous citizenship under German law.
However, the country of origin must also allow dual citizenship. In some countries, such as Austria, China, India and South Korea, citizenship is automatically lost if you naturalize in another country.
A detailed list of countries with which dual citizenship is not possible can be found here.
Tip: Before starting the naturalization process, always check whether the previous citizenship may be retained under foreign law. You can inquire about this at foreign missions, for example. German lawyers are generally unable to provide information on foreign legal issues.
What will be the minimum period of residence for naturalization in the future?
Since the new law on citizenship came into force on June 27, 2024, the minimum period of residence in Germany is now only five years. It can be shortened to up to three years in cases of particularly good integration.
When does a child of parents with foreign citizenship automatically receive German citizenship at birth?
Since June 27, 2024, when the new Citizenship Act came into force, children born in Germany to foreign parents automatically receive German citizenship if one parent has been living legally in Germany for more than five years and has an unlimited right of residence. For children born before June 27, 2024, this period is still eight years according to the old legal situation.
As a German citizen, do I still have to apply for a retention permit if I want to take on a foreign nationality?
According to the legal situation before June 27, 2024, you generally lost your German citizenship if you naturalized in another country. This could only be prevented by obtaining a retention permit. Since the new Citizenship Act came into force on June 27, 2024, this is no longer the case. Germany now generally allows multiple nationalities. You can find more information on this on the website of the Federal Office of Administration.
When will the new Naturalization Act come into force?
The new Naturalization Act (Act on the Modernization of Citizenship Law) comes into force on June 27, 2024 in force, three months after its promulgation in the Federal Law Gazette. From then on dual citizenship in principle under German law possible for all, and will in particular the minimum period of residence to five years to five years. You can read more about the details of the new law here.
Can I check if I meet all the requirements for naturalization?
If you want to check whether your naturalization application would be successful, you can do our naturalization check. However, this check only gives you a first overview. If you still have detailed questions or are unsure, then it is best to contact our lawyers.
From when is dual citizenship possible?
The Act on the Modernization of Citizenship Law was passed by the Bundestag at the end of January 2024 and has also passed the Bundesrat. It came into force on June 27, 2024, three months after it was promulgated in the Federal Law Gazette. Since this date, everyone has had the option of dual citizenship under German law.
In the course of naturalization in Germany, the old citizenship was given up. Is it now possible to get it back in addition to the German citizenship?
Is it possible to have more than two citizenships?
Strictly speaking, the forthcoming law on citizenship will not allow dual citizenship, but will lift the general ban on multiple citizenship. If this ban is lifted, it will also be possible under German law to have more than two nationalities. Multiple citizenship will then be possible without further ado.
What are the requirements to become a naturalized citizen?
We have explained this in detail in our article on naturalization.
Alternatively, you can complete our Naturalization Check.
Is naturalization possible without giving up the previous citizenship in any case?
Yes, at least as far as German citizenship law is concerned. In principle, dual citizenship has been open to all foreigners, regardless of their country of origin, since June 27, 2024. However, there may be laws in the country of origin that stipulate the loss of citizenship in the event that a citizen is granted citizenship of another country. Such laws exist in countries such as China, Austria, Lithuania, Estonia and the Netherlands. In any case, we advise you to obtain information in the country of your previous citizenship.