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GERMAN CITIZENSHIP

TIMELINE: When will Germany push through the new dual citizenship law?

After its debate in the Bundestag on November 30th, Germany's overhaul of citizenship and dual nationality laws is facing yet another delay. Here are the next steps for the reform bill - and when the new rules could come into force.

Turkish and German passport
A German and Turkish passport held up in parliament in Kiel. Photo: picture alliance / Carsten Rehder/dpa | Carsten Rehder

People who meet the criteria for German citizenship are facing a tricky dilemma at present. Though long delays and bureaucracy make it tempting to get the ball rolling as soon as possible, many are also keen to wait until Germany’s new liberalised laws come into place, allowing (among other things) the holding of multiple nationalities.

For those who don’t quite meet the criteria yet, there are also plenty of reasons to count the days until the new law comes into force.

For one, the residence requirements will be drastically cut from eight years to five, meaning a far wider pool of internationals will be eligible for a German passport.

READ ALSO: UPDATED: The key points of Germany’s draft law on dual citizenship

Nevertheless, it feels as if foreigners have been waiting endlessly for this hotly anticipated reform. And indeed, almost two years have passed since the plans were first announced in the coalition agreement of the Social Democrats (SPD), Greens and Free Democrats (FDP).

There has been some progress in the past few months, however. 

After being passed by cabinet in summer, the bill went to its first reading in the Bundestag on November 30th, where it was subject to a heated debate between MPs. 

So what are the next steps the government needs to clear in order to make the reforms a reality? And where are we in the process right now?

These are the key benchmarks to look out for in the coming weeks and months.

Read more about applying for dual citizenship in our German citizenship guide.

The Bundestag vote

The citizenship reform bill was originally meant to go to the Bundestag on November 9th, but internal debates about anti-Semitism saw it quietly removed from the parliamentary agenda. 

A new, tightened bill returned the house for its first reading on November 30th, and will now face two more readings in the house before it is put to a vote. 

According to recent media reports, however, the bill has been pushed back yet again thanks to disagreements between the three coalition partners.

A view of the German Reichstag, the seat of the Bundestag, on German Unity Day 2022.

A view of the German Reichstag, the seat of the Bundestag, on German Unity Day 2022. Photo:
picture alliance/dpa | Monika Skolimowska

The Greens and SPD apparently want to add exceptions to a clause excluding benefits claimants from citizenship, but the FDP is pushing back against these changes.

This means that the bill can no longer be passed this year and is likely to get its first reading sometime in late January or early February.  

Once this stage is complete, all that remains is for the final bill to be signed into law by President Frank Walter Steinmeier (SPD). 

READ ALSO: Germany’s dual citizenship reform faces yet more delays

Does the bill have to pass through the Bundesrat? 

Not in any meaningful way. The bill came to the Bundesrat in October this year and state leaders put a number of suggested amendments to the government, which they do not have to accept. 

Since the citizenship law doesn’t impact state law, finances or the German constitution in a significant way, SPD MP Hakan Demir has previously said the bill would not have to be approved by the Bundesrat, meaning it will be impossible for the conservative-led states to block the legislation.

The Bundesrat is entitled to disagree with the bill, he said, but the Bundestag could easily overrule this again. 

The implementation phase

This is where things get a little bit less predictable: after signing the bill into law, the government will need to give local authorities a certain period of time to implement the changes.

If the government’s Skilled Worker Immigration Law is anything to go by, this implementation phase would take around three months – or six in exceptional circumstances.

The exterior of the German Bundesrat.

The exterior of the German Bundesrat. Photo: picture alliance/dpa | Wolfgang Kumm

However, if ministers are particularly keen for this to enter into force as soon as possible, they could also try and expedite this and get things done in less time. 

New law enters into force: April 2024?

According to government sources, the Interior Ministry is hoping the law will be in place in April of next year.

“It is planned that the citizenship reform will come into force in April 2024 – and that this will also enable multiple citizenships and accelerated naturalisation,” he explained.

This will be the moment that foreigners in Germany are waiting for. It will mean that they can officially apply for citizenship after just five years of residence – or three in exceptional circumstances – and that they can keep non-EU nationalities after nationalising as a German.

People aged 67 and over will also be able to forego language tests, while the children of migrants will automatically gain German citizenship provided their parents have been in the country for at least five years.

INTERVIEW: What is the biggest problem foreigners face when applying for German citizenship?

Should people submit their applications now?

This remains a tricky question for many, and depends quite a lot on where the application is submitted.

Anecdotally, there are some districts that manage to complete citizenship applications in just a couple of months – although these are definitely the exception rather than the rule.

Elsewhere, and particularly in the big cities like Berlin and Frankfurt, 18 months to three years tends to be the norm. That means that provided all goes to plan, most citizenship applications submitted now wouldn’t be completed until after the new law comes into force.

In response to an enquiry from The Local, Berlin Mitte Citizenship Office clarified that, in these cases, people who applied before the law changes would still be able to keep their old citizenship after their application was processed. 

“The law that is applicable at the time when German citizenship is granted is the law that is applied,” they explained. 

However, the only way to guarantee this happening is to submit your application only after the new regulations enter in force – since it’s unlikely, but still possible, that your application may be processed in record time. 

READ ALSO: Should you apply for German citizenship before or after the new law comes in?

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POLITICS

Citizenship reform: How a German minister you’ve never heard of is changing the lives of foreigners

Germany's coalition government is struggling. It's flagging in polls, sports few concrete policy wins, and its foreign policy is hotly debated. A notable exception is Interior Minister Nancy Faeser - a Social Democrat who remains a little discussed figure - despite overseeing legislation that hits at the core of Germany's identity.

Citizenship reform: How a German minister you've never heard of is changing the lives of foreigners

After all, few things are as existential to a country’s identity as deciding who gets to be a national or who gets to settle there and be a part of its community.

As Germany’s Interior Minister since late 2021, Faeser has been responsible for overseeing historic legislation on both. At a time when other European countries are tightening up citizenship and immigration rules – even for skilled, well-integrated immigrants – Faeser’s German Interior Ministry is betting on more openness.

March saw sweeping immigration reforms – designed to make it easier for skilled workers to come to Germany, bring their parents if they wish, and even come before having their foreign qualifications recognised by Germany’s notorious bureaucracy.

Skilled workers also have a faster route to permanent residence in Germany – after just 21 months in some cases.

Late 2024 will also see the introduction of the points-based Chancenkarte – or “opportunity card”. A German first, people with enough points could theoretically come to Germany without a firm job offer and look for work while already here. They might even be able to come if they don’t speak German yet – if they have enough points in other areas. In a country not normally known for its flexibility, Faeser’s Interior Ministry is showing much more of it in a bid to combat the country’s skilled labour shortage.

READ ALSO: The changes to Germany’s immigration rules in March 2024

Landmark citizenship reform

Many Local readers will also be familiar with another landmark piece of legislation from Faeser’s desk – Germany’s long-awaited dual nationality reform. After having seen repeated delays due to disputes between the three governing coalition parties, the Federal President finally signed and certified the new citizenship law in late March – starting a three-month countdown for the country’s bureaucracy to adapt to the new rules.

On June 26th, German citizenship law will allow people to hold multiple nationalities when naturalising and shorten the time someone will have needed to be in Germany before applying for citizenship from eight years to five.

Many people are becoming German

American Rick Hoffmann, Aussie-Italian Joe Del Borrello and Brazilian-Canadian Dini Silviera are looking forward to applying to becoming German following passage of the government’s dual citizenship reform. Photos: Rick Hoffmann, Joe Del Borrello, Dini Silviera

It’s not been without its controversy, with the country’s Christian Democrats (CDU) remaining vocal opponents until the end. CDU MP Alexander Throm described it as a “citizenship devaluation law” that has “the most wide-reaching negative consequences for our country” during the Bundestag session that saw the law’s final passage.

During that same debate, SPD MP Dirk Wiese pointed out a historical symmetry – namely that Faeser, a Social Democrat from Hesse, was responsible for passing dual nationality legislation that a CDU Premier of Hesse has originally torpedoed 25 years ago.

READ ALSO:

Throm was right about one thing. The results of Faeser’s legislation are likely to have long-lasting, far-reaching effects. Both the new law’s supporters and detractors can at least agree on its importance.

It may well end up being one of the longest-lasting legacies of the traffic light government. Even if the CDU take the Chancellery again in 2025 – as current polls would suggest – no other possible coalition partner is likely to agree to repeal the law. Dual nationality in Germany – and with it the acceptance of multifaceted identity – is likely here to stay, even if a future CDU-led government manages to tighten up immigration or asylum law in the future.

Nancy Faeser Boris Rhein

SPD candidate and Interior Minister Nancy Faeser and CDU candidate Boris Rhein in Wiesbaden, Hesse during the election campaign. Photo: picture alliance/dpa | Boris Roessler

Faeser’s non-flashy style

Despite the weighty nature of the legislation she’s shepherded through her ministry and the Bundestag, Faeser isn’t known for grand pronouncements. She’s largely left it to others to make the public case for the dual nationality law’s importance, like parliamentary rapporteurs Hakan Demir (SPD), Filiz Polat (Green), and Stephan Thomae (FDP). She’s comfortable giving breakfast show interviews but rarely hits the evening talk show circuit.

A legislative workhorse, Faeser just seems to move on to her next task without a lot of fanfare for the one she just completed. The reason is likely equally unglamorous – she just has a lot to get done. Today immigration and citizenship reform, tomorrow proposals to tighten gun controls in Germany or issue visa bans for Russian athletes. She also found time to be her party’s top candidate in last autumn’s state election in her home state of Hesse.

Having never had a federal office before becoming Interior Minister, Faeser came from Hessian state politics, where she served as a member of the state parliament from 2003 to 2021, eventually becoming the Hessian SPD state party leader in 2019. At the time she became a minister in 2021, few Germans outside of Hesse had heard of her – never mind internationals.

Nancy Faeser smiles in November 2015 at the SPD state party conference in Kassel (Hesse).

Nancy Faeser smiles in November 2015 at the SPD state party conference in Kassel (Hesse). Photo: picture alliance / dpa | Uwe Zucchi

Media outlets both inside and outside of Germany keep their main focuses on politicians like Chancellor Olaf Scholz, Foreign Minister Annalena Baerbock, Vice-Chancellor Robert Habeck or Finance Minister Christian Lindner. With the controversy over Berlin’s strategy in Russia’s war against Ukraine, this is perhaps understandable.

But such a focus might sometimes miss another fundamental shift currently underway in Germany – as the country changes its approach to who gets to be a member of its national community. Nancy Faeser may well be one of the few members of the current German government to have a legacy that lasts well beyond her time in office.

Agree with her policies or not, that deserves more German and international reflection.

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