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IMMIGRATION

In limbo: Why Germany’s reform of dual citizenship laws can’t come soon enough

Having more than one nationality will soon be an option to many more people in Germany under government plans. For those struggling to navigate the bureaucratic hurdles now, the change in law can't come soon enough, writes Caitlin Hardee.

A person holds a German passport.
A person holds a German passport. Lots of third country nationals want to be able to hold more than one citizenship in Germany as soon as possible. Photo: picture alliance/dpa | Fabian Sommer

When the new German government’s plans were published in November 2021, immigrants in the Bundesrepublik zeroed in on a few choice paragraphs on page 118: The Ampel – or so-called traffic light coalition – had resolved to anchor a universal recognition of multi-nationality in federal citizenship law.

For myself and others, this represents a staggeringly significant change in sentiment. Up until now, Germany has clung to a calcified, fearful avoidance of dual citizenship, often capricious and inequitable in execution.

Expats with strong ties to their homelands found themselves in a dreary limbo, unwilling to renounce their old nationalities and so unable to naturalise, deprived of voting rights, security and true belonging, even after decades of integrated, tax-paying residence in Germany. Many of us had lost hope that a meaningful change would come about in the foreseeable future; the notion of dual nationality remained a wistful dream and a political long shot.

Now it’s going to happen. I talked to representatives of all three ruling parties to pin down specifics; while there’s no fixed date to pass the new legislation, all assured that it was a priority.

READ MORE: When will Germany relax its dual citizenship laws?

‘Inhumane experience’

While we wait and hope, for some immigrants, the good news is tinged with bitter memories of prior run-ins with the Byzantine citizenship process, which will continue to flummox and foil our aspirations of integration until the law is changed.

Emily Wachelka, an American living in Munich, married and raising children with a German, knows this frustration well. In the run-up to the election, she spoke with us about her then-ongoing application for citizenship, and her hopes to attain dual through assorted arguments for a hardship-based exemption from renunciation.

By the time the authorities in Munich got around to making a decision in her case, the news had already dropped that federal policy would soon be embracing multi-nationality. Of no consequence, apparently, to local bureaucrats: Her request for leniency was denied, and Wachelka withdrew her naturalisation application, after considerable time and expense. She, like many, remains in limbo for now. Wachelka spoke about her disappointment over the lack of Willkommenskultur (welcoming culture). 

“My Sachbearbeiter (advisor) just seemed to want to get me off his back. There was no offer of putting my application on hold, no willingness to try and find a way to make this happen even when it’s so clear that I’m here for life, my kids have dual citizenship, and there is no way I can give up my US citizenship,” she said.

None of Wachelka’s arguments for an exemption could convince the Munich office: Her family ties to the United States, future inheritance issues, or the renunciation fee exceeding her monthly individual income. “Bavaria has decided to include spousal income in deciding if this exception applies,” she said.

Not even the closed-for-business sign of the US embassy responsible for renunciations, which has stopped offering this service in Germany throughout the pandemic and has no timeline on when it may resume, was enough to tip the scales. “The response was that my application would be approved – with the clause that as soon as renouncements started up, I would need to renounce or face a fee,” fumed Wachelka.

READ ALSO: What Germany’s new government means for citizenship and naturalisation

Wachelka was not told how much this fee would be, or whether it would still apply if the federal law on dual citizenship had changed by the time the embassy resumed denaturalising citizens. “It’s all quite inhumane and clearly designed to discourage citizenship,” she concluded.

Emily Wachelka, third from left, with her German husband, their children, and her American parents, together in Westpark, Munich.

Emily Wachelka, third from left, with her German husband, their children, and her American parents, together in Westpark, Munich. Photo: Abbie Louise Photography

Wait… or tackle the paperwork now?

And me? Your author has been muddling through the citizenship process for the better part of a year now, having obtained permanent residency last January. In truth, my heart’s only half in it – I desperately want to keep my American citizenship as well as become German. But at every step I don’t know whether it’s better to push ahead at full tilt and see if my own cobbled-together mess of arguments is enough, pray my advisor in Berlin is having a good day, hope authorities can read the writing on the wall – or whether it would be better, cheaper, easier, less infuriating, to throw the brakes on and wait for the law to change.

Just a few anecdotes from the delightful journey so far: I recently paid a couple hundred euros to a certified translator for an approved rehash of my birth certificate, college transcript and some random printouts about my parents’ property in the United States. I had to pay for this, despite being a professional translator myself, because I’m not certified, which of course the Bezirksamt requires for the translations they demand of incredibly basic English documents.

The transcript is needed, along with an open-ended freelance translation contract I have with a German chamber of commerce, and course certificates from my time at a German university, and whatever other German documents I can find, to support my assertion that I (a German studies major, cum laude, working in German-language office environments for the better part of a decade) am sufficiently fluent to avoid scheduling, sitting and paying for an additional language test. I discussed this course of documentation on the phone during my Erstberatung (initial consultation) an extensive phone call in, dare I say, pretty spectacular German. But how can a bureaucrat know if I can actually speak the damn language, without paperwork?

READ ALSO: How I got German citizenship

Caitlin Hardee isn’t sure whether to try and continue her application for dual citizenship, or wait until the change in law. Photo courtesy of Caitlin Hardee

The page on my parents’ house is to support one of many arguments I would advance for potential economic hardship, in this case regarding long-term care versus relative care as relating to potentially selling the property and losing inheritance. Probably useless. I considered getting a photography license in Washington state, which you don’t need to do photo work there, just so I could have something else to pay to have translated and show threatened revenue – photography legitimately being another of my side hustles – but I had to draw the line somewhere.

So now I’m sitting on a sheaf of expensive documents, but without extra certified copies, so I can either go all-in right now on this attempt, get the rest of my paperwork together, pay another couple of hundred euros up-front for the Amt to consider my case, most likely get denied, and then receive half of the fee and hopefully my documents back to reuse in future – or I can wait.

Germany, you make me tired.

‘I deserve to be recognised as the German citizen I am’

I’m not the only one: Wachelka is pretty burned out on the whole adventure as well. She tries to think about how it will feel, someday when the law is changed, to finally be recognised as a citizen of two countries, but can’t quite picture it.

“It’s hard for me to envision this moment, and honestly, thinking about it makes me quite emotional,” she said. “I want very much to become a German citizen. I would like to have a German passport like the rest of my family, and of course most of all I would like to have a voice, in local, regional and national elections.” Wachelka’s ties to her chosen home are beyond reproach: “I live here, my family is here, my kids are dual citizens. I speak the language fluently, I studied here, I pay taxes, and I do my very best to be involved in my community.”

Wachelka’s simple desire is that of so many who share her position, trapped in-between and disenfranchised: “I deserve to be recognised as the citizen that I am, in all ways except officially.”

The intentions of the new government represent the realisation of that dream – and the new law can’t come soon enough.

Keep an eye on thelocal.de for further articles on how foreigners are affected by these planned changes, and your thoughts on relaxing citizenship laws.

Member comments

  1. Her situation is ludicrous in the extreme, whereas I obtained dual citizenship relatively easily being a brit living in germany when brits were still members of the e.u. As for the language test (telc b1), I crammed learning the day before the test and forgot most of that five minutes afterwards. Can hardly string a sentence together in deutsch.

      1. Hi Rachel, no I didn’t! Quite the opposite. Long story short . . .

        I booked the wrong (B2) level of test and the 200€ fee was not refundable, so I went and took it anyway. To my surprise, I failed by *only* 10%, despite completing just half of the written part. I passed the comprehension and the oral parts. During the whole three hour test, I worked out how the tests were constructed and used that knowledge to pass the B1 test about a month later, “mit der befriedigende Stufe”, which was one step further than adequate for my needs.

        Having booked the correct (B1)

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IMMIGRATION

‘Shift to the right’: How European nations are tightening migration policies

The success of far-right parties in elections in key European countries is prompting even centrist and left-wing governments to tighten policies on migration, creating cracks in unity and sparking concern among activists.

'Shift to the right': How European nations are tightening migration policies

With the German far right coming out on top in two state elections earlier this month, the socialist-led national Berlin government has reimposed border controls on Western frontiers that are supposed to see freedom of movement in the European Union’s Schengen zone.

The Netherlands government, which includes the party of Dutch far-right leader Geert Wilders, announced on Wednesday that it had requested from Brussels an opt-out from EU rules on asylum, with Prime Minister Dick Schoof declaring that there was an asylum “crisis”.

Meanwhile, new British Prime Minister Keir Starmer of the left-wing Labour Party paid a visit to Rome for talks with Italian counterpart Georgia Meloni, whose party has neo-fascist roots, to discuss the strategies used by Italy in seeking to reduce migration.

Far-right parties performed strongly in June European elections, coming out on top in France, prompting President Emmanuel Macron to call snap elections which resulted in right-winger Michel Barnier, who has previously called for a moratorium on migration, being named prime minister.

We are witnessing the “continuation of a rightward shift in migration policies in the European Union,” said Jerome Vignon, migration advisor at the Jacques Delors Institute think-tank.

It reflected the rise of far-right parties in the European elections in June, and more recently in the two regional elections in Germany, he said, referring to a “quite clearly protectionist and conservative trend”.

Strong message

“Anti-immigration positions that were previously the preserve of the extreme right are now contaminating centre-right parties, even centre-left parties like the Social Democrats” in Germany, added Florian Trauner, a migration specialist at the Vrije Universiteit Brussel, the Dutch-speaking university in Brussels.

While the Labour government in London has ditched its right-wing Conservative predecessor administration’s plan to send asylum seekers to Rwanda, there is clearly interest in a deal Italy has struck with Albania to detain and process migrants there.

Within the European Union, Cyprus has suspended the processing of asylum applications from Syrian applicants, while laws have appeared authorising pushbacks at the border in Finland and Lithuania.

Under the pretext of dealing with “emergency” or “crisis” situations, the list of exemptions and deviations from the common rules defined by the European Union continues to grow.

All this flies in the face of the new EU migration pact, agreed only in May and coming into force in 2026.

In the wake of deadly attacks in Mannheim and most recently Solingen blamed on radical Islamists, German Chancellor Olaf Scholz’s government also expelled 28 Afghans back to their home country for the first time since the Taliban takeover of Kabul.

Such gestures from Germany are all the more symbolic given how the country since World War II has tried to turn itself into a model of integration, taking in a million refugees, mainly Syrians in 2015-2016 and then more than a million Ukrainian exiles since the Russian invasion.

Germany is sending a “strong message” to its own public as well as to its European partners, said Trauner.

The migratory pressure “remains significant” with more than 500,000 asylum applications registered in the European Union for the first six months of the year, he said.

‘Climate on impunity’

Germany, which received about a quarter of them alone, criticises the countries of southern Europe for allowing migrants to circulate without processing their asylum applications, but southern states denounce a lack of solidarity of the rest of Europe.

The moves by Germany were condemned by EU allies including Greece and Poland, but Scholz received the perhaps unwelcome accolade of praise from Hungarian right-wing Prime Minister Viktor Orban, Moscow’s closest friend in the European Union, when he declared “welcome to the club”.

The EU Commission’s failure to hold countries to account “only fosters a climate of impunity where unilateral migration policies and practices can proliferate,” said Adriana Tidona, Amnesty International’s Migration Researcher.

But behind the rhetoric, all European states are also aware of the crucial role played by migrants in keeping sectors going including transport and healthcare, as well as the importance of attracting skilled labour.

“Behind the symbolic speeches, European leaders, particularly German ones, remain pragmatic: border controls are targeted,” said Sophie Meiners, a migration researcher with the German Council on Foreign Relations.

Even Meloni’s government has allowed the entry into Italy of 452,000 foreign workers for the period 2023-2025.

“In parallel to this kind of new restrictive measures, they know they need to address skilled labour needs,” she said.

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