On June 17, 2024, the majority of the Act on the Modernization of Citizenship Law was implemented, an amending law that revolutionizes German citizenship law.
The first installment of this blog series covered the general advantages of German citizenship and the first major legislative change, the reduction of the minimum period of prior residence in Germany. The second part will focus on the second major legislative change: the admission of dual and multiple citizenship.
Admission of dual and multiple citizenship
Before the reform in question, it was, in principle, not possible under German law to acquire German citizenship without renouncing one's foreign citizenship. Conversely, German citizenship was generally lost when acquiring foreign citizenship and could only be maintained with the complex and examination-intensive legal institution of the so-called retention permit. Now, multiple citizenship is permitted without exception under German citizenship law.
While two or more citizenships are now permitted under the new German citizenship law, this law does not supersede the national legal consequences of German naturalization in other country's jurisdictions. It is possible to be recognized as a multiple national under German law but not from the point of view of another country.
As an international law firm, Fragomen has experience with citizenship law regimes across the globe and can provide legal guidance on the subject of citizenship law.
Additional changes
Other changes to the law also impact the citizenship of children born to foreign parents in Germany. Previously. children born to foreign parents in Germany could only acquire German citizenship if at least one parent has permanent residency and has lived in Germany for eight years.
Under the new law, the requirement has changed to five years. This new change fosters a sense of belonging from the first generation born in Germany and promotes deeper ties to German society.
With the new German citizenship reform, children born in Germany to foreign parents will no longer have to choose between German citizenship and other possible foreign citizenship, they will be able to claim both if they meet all requirements.
Lastly, the law has also changed the requirements for the "guest worker generation," no longer requiring a naturalization test or proof of language proficiency at level B1 of the Common European Framework of Reference for Languages as part of the naturalization process - oral language skills for everyday life are sufficient. These new regulations also apply to the "contract worker generation" of the former German Democratic Republic.
How Fragomen can help with navigating German citizenship law
This reform is a long overdue modernization of German citizenship law that will reduce its complexity. While changes to the retention permit and the option procedure should help reduce the initial workload of the German citizenship offices, there is also a possible surge in naturalization applications that will come with these changes.
In addition to the most common form of naturalization, the "entitlement to naturalization" under Section 10 of the German Nationality Act, there are a large number of other claims and situations that can be overlooked or underestimated on which Fragomen can offer legal guidance, including:
- Status determination procedure
Is naturalization necessary in your case? If there is any evidence in your family history that points to a German origin, you may also be German without even knowing it. If this is the case, German citizenship can be established through a determination procedure and will not require naturalization. - Re-naturalization in the event of loss of German
citizenship
If you were once knowingly a German citizen but have subsequently lost your German citizenship by accepting another citizenship, you and your underage children can be re-naturalized under simplified legal conditions – even if you are habitually a resident abroad. - Naturalization with habitual residence
abroad
You can also apply for naturalization from abroad—albeit under strict legal conditions—if you are a resident abroad and have not lived in Germany for at least five years. - Restitution naturalization
If you or your ancestors are victims of persecution for political, racial or religious reasons under the unjust regime of National Socialism, the legal institution of so-called restitution naturalization may be considered. - Application for an extension of the re-entry
period
If you are planning a stay abroad for more than six months, you must apply for an extension of the re-entry period to the responsible immigration office before you leave the country, otherwise, you run the risk of the minimum pre-stay period of five or three years being interrupted and, in the worst case, starting all over again.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.