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
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