Report on Citizenship Law: Germany Aside from the introduction of the ius soli principle the naturalisation process has also been facilitated. The foreigner is entitled to naturalisation after a residence period of eight instead of fifteen years on the condition that he or she declares himself bound to the free and democratic order of the Constitution (freiheitliche und demokratische Grundordnung), that he or she is in possession of a residence permit, that he or she is capable of earning a living without any recourse to public assistance or unemployment benefits (except in those cases in which the dependence on those benefits is not attributable to the applicant’s fault or negligence), that there is no criminal conviction and, finally, that loss or renunciation of the previous nationality occurs. Dual nationality is accepted in more cases, e.g., if the applicants are elderly persons and dual nationality is the only obstacle to naturalisation, if the dismissal of the previous nationality is related to disproportionate difficulties, and if a denial of the application for naturalisation would constitute a particular hardship; moreover, double nationality is accepted in cases in which the renunciation of the previous nationality entails— in addition to the loss of civil rights—economic or financial disadvantages, or (generally in the case of EU citizens) provided that reciprocity exists. Due to the fact that the acquisition of German citizenship has been facilitated, some amendments relate to the loss of German citizenship and the limitation of acquisition by descent. Acquisition of German citizenship abroad is excluded if the German parent who has his or her habitual residence abroad was born abroad after 31 December 1999, except in those cases that would result in statelessness. Despite this provision, the acquisition of German citizenship remains possible if both parents are in possession of German citizenship, unless they were both born abroad after 31 December 1999. Acquisition of German citizenship remains also possible if the one parent who has German citizenship notifies the competent diplomatic representation within one year after birth. 2.3 The Immigration Act of 2004 The law reform of 1999/2000 was considered as part of a major reform of nationality law. The intention was to make further revisions in a two-phase procedure for adjusting the nationality law to a new comprehensive migration policy and changes in the residence rights of EU citizens. It was also intended to devise a special administrative law for nationality issues and to reform the legislation on repatriated Germans. The Immigration Act of 2004 made some adjustments to the changes in immigration law but did not yet provide for further changes. One of the major features of the Immigration Act has been the emphasis upon integration requirements. Some changes were required by the new system of residence titles introduced by the new Immigration Act. Since the Immigration Act provides for a residence permit and a settlement permit as the only residence titles replacing a number of different titles under the Aliens Act of 1990, the nationality law requirements had to be adjusted to the new system with the requirement of a settlement permit in those cases in which an unlimited residence permit was previously necessary. The Immigration Act has also abolished the EU residence permit. Therefore, the new provision now requires only the right of freedom of movement, which is certified by a formal declaration to EU citizens upon taking up residence in Germany. EU citizens remain privileged with regard to naturalisation. Already under the law of 1999, EU citizens were entitled to naturalisation without renouncing their previous nationality provided that reciprocity was granted. The issue as to under what conditions reciprocity is granted had been a matter of controversy between the Länder. Some of the 8 RSCAS/GLOBALCIT-CR 2020/5- © 2020 Author(s)

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