Report on Citizenship Law: Germany
2.7. Reforms between 2015 and 2019:
In November 2016, the Federal Administration Office’s competence to document
administrative decisions on matters of citizenship has been extended. While, prior to
November 2016, the Federal Administration Office was only competent to document
information about decisions on the loss of citizenship (§33 Nationality Act), it may now
collect information about decisions on the existence and continuance of citizenship. It had
been able to register the date, but now moreover is able in addition to register the legal basis
for the acquisition or loss of citizenship. In a person’s file it can now register whether there is
an information ban regarding personal information. An information ban arises in
circumstances where the registration office comes to the conclusion that a person does not
need to share personal information (e.g. their habitual residence), because this could lead to
dangers for the person’s life, health, personal freedom or similarly important rights, §51 BMG
(Federal Registration Law). Also, since May 2017, if a person can become a German citizen
on the basis of ius soli, the registration office has to forward to the competent nationality
authority whether there is an information lock in the sense of §51 BMG.
Substantial and widely controversial changes to the Nationality Act were made in
August 2019. The amendment had been instigated by a public debate about German citizens
who voluntarily joined the Islamic State. The government wanted to allow for a withdrawal of
citizenship and introduced the legal grounds for such a withdrawal in §28 StAG with the
parliamentary votes of the CDU/CSU and SPD. The amendment faced strong criticism in
political discourse. Anyone who ‘concretely participates in the fighting of a terrorist
organisation abroad’, will now lose his/her German citizenship. Such participation is
considered as an act which is disloyal to Germany and the conduct of such persons is
considered to be seriously prejudicial to the vital interests of Germany according to the
reasoning provided by the legislator in the draft bill. Given that Art. 16 Basic Law prohibits
loss of nationality if this renders the person stateless, withdrawal of citizenship is only
possible if the person has dual citizenship. This condition in particular caused a lot of
criticism. It is argued that the German citizenship in combination with another citizenship has
become a second-class citizenship by means of the amendment as only holders of one single
passport are protected against withdrawal. It has also been argued that Germany is shifting
problems with its own citizens to other countries in order to render participation in the IS a
‘foreign’ problem. Before August 2019, there had been already a corresponding regulation
relating to entry into the official armed forces of another country.
Another amendment that received wide criticism was passed in August 2019
concerning §35 (3) StAG. According to the new regulation the period within which newly
acquired citizenship may be withdrawn has been extended from five to ten years in cases of
identity fraud. This amendment is accompanied by the amendment of §8 (1) StAG according
to which a person can only be naturalised by discretion if their identity and former nationality
are known. As naturalisation now also requires a complete proof of identity, many refugees
could not become German citizens in the foreseeable future. The lack of a hardship clause for
this group has been subject to criticism.
There are also new requirements for naturalisation. The citizenship law of August
2019 introduced an additional condition for naturalisation under §10 StAG: Applicants to
German citizenship need to prove their ‘integration into conditions of life in Germany’
(‘deutsche Lebensverhältnisse’), in particular they have to prove that they are ‘not married to
several spouses at the same time’. Up until then it was only necessary to effectively commit to
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RSCAS/GLOBALCIT-CR 2020/5- © 2020 Author(s)
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