Germany’s Upcoming New Dual Citizenship Law and Its Implications

Germany is on the brink of a significant shift in its citizenship law, poised to introduce a dual nationality system. This change, which has been a subject of much debate and anticipation, is now nearing its final legislative stages.

The Legislative Journey

The new dual citizenship law, having successfully passed the Bundestag with a significant majority, is now scheduled for a vote in the Bundesrat on February 2, 2024. This vote is seen as a crucial yet largely formal step in the legislative process, given the law’s previous progression and general political consensus.

Key Features of the New Law

Under the new law, individuals residing in Germany for just five years will become eligible for German citizenship, a significant reduction from the current requirements. Furthermore, these individuals will retain the right to their original nationality, thus holding dual citizenship. Notably, for those demonstrating exceptional achievements in their work and proficiency in the German language (C1 level), the eligibility period is reduced to three years.

Opposition and Expectations

Despite expected criticism from conservative parties like the CDU, which has historically opposed dual citizenship, the law is unlikely to face substantial hurdles in the Bundesrat. The CDU/CSU does not hold enough representatives to block the legislation, unlike past occurrences. Additionally, since the law doesn’t pertain to budgetary or constitutional amendments, the Bundesrat’s capacity to obstruct it is limited.

The Final Step

Once the Bundesrat approves the law, it will be forwarded to President Frank-Walter Steinmeier for official ratification. The law includes a clause stipulating a three-month period between its signing and enforcement, allowing administrative bodies to prepare for its implementation. Consequently, the new citizenship law is expected to come into effect in early May 2024.

Criteria for Citizenship: Criminal Offenses and Eligibility

Applicants for German citizenship must demonstrate adherence to German law and have no record of committing serious crimes. Minor offenses like speeding or fare evasion typically don’t impact citizenship eligibility. However, convictions resulting in jail time of 90 days or more disqualify applicants from obtaining German citizenship.

Considerations of Foreign Convictions

Germany’s evaluation of citizenship applications isn’t limited to domestic legal matters. Foreign convictions are also scrutinized, with two primary considerations: compatibility of the foreign offense with German law and proportionality of the sentence received abroad. Political dissidents and their convictions under oppressive regimes, for instance, may be exempt as these do not constitute crimes under German law.

Stringent Rules for Hate Crimes

In light of rising anti-Semitic and Islamophobic incidents, Germany has tightened rules around hate crimes in the new citizenship law. Acts motivated by anti-Semitic, racist, or inhumane ideologies are deemed incompatible with the German Basic Law, disqualifying perpetrators from citizenship.

Duration of Ineligibility and Mandatory Disclosure

Criminal sentences in Germany are recorded in a federal register for up to 20 years, depending on the severity of the crime. Any sentence over 90 days remains on record, making the individual ineligible for citizenship for its duration. Additionally, applicants must disclose any foreign convictions, as failure to do so is a criminal offense in Germany and can result in penalties or jail time.

The impending dual citizenship law marks a progressive shift in German nationality policy, potentially impacting numerous long-term residents. The legislation balances liberalized citizenship criteria with stringent checks against serious criminal offenses, ensuring alignment with German legal and ethical standards. This move is set to redefine the landscape of citizenship and integration in Germany, impacting a diverse expatriate community.