Anuscheh Farahat and Kay Hailbronner
the free democratic basic order. This amendment was the result of court proceedings before
the Federal Administrative Court, where the court ruled that a second marriage that was
concluded abroad by the applicant does not preclude an effective commitment to the free
democratic basic order within the meaning of § 10 (1) sentence 1 StAG (old version).
Therefore, the legislator amended §10 StAG and added the necessity of ‘integration into
conditions of life in Germany’. The intention was to exclude naturalisation in case of
polygamy, as polygamy was considered to be against the German living conditions, namely
the German understanding of gender equality and marriage.
3. Current citizenship regime
3.1 Modes of acquisition and loss
A major purpose of the 2000 law, supported by the ruling Social Democratic party and the
coalition partner Bündnis ’90/Die Grünen as well as the liberal party, was the promotion of
acquisition of German nationality for migrant workers and their second and third generation
descendants as an essential prerequisite of their integration into the German society. Until 1
January 2000 one of the predominant features of German nationality law and practice,
although not explicitly laid down in the law of 1913, had been that acquisition of German
nationality through naturalisation was an exception, rather than the rule.
One of the main novelties of the 1999/2000 reform was the introduction of the ius soli
principle in para. 4 of the law. Children of a foreign parent acquire German citizenship on
condition that one parent has had lawful habitual residence in Germany for eight years and
that he or she is in possession of a secure residence permit. Since January 2004, the threshold
has been raised for acquisition by ius soli by requiring a settlement permit or, in the case of
EU citizens, a right to free movement. Since the settlement permit requires a higher level of
knowledge of the German language than the possession of an unlimited residence permit,
which until 2004 had been sufficient for naturalisation, ius soli acquisition will only take
place in the case of a high degree of integration on the part of a foreign parent.
Another major feature has been the facilitation of naturalisation. A foreigner is entitled
to naturalisation after habitual lawful residence of eight years rather than fifteen years as
previously. In addition, naturalisation depends upon a number of requirements, including a
declaration of loyalty to the free and democratic constitutional order, possession of a regular
residence permit or freedom of movement as an EU citizen, or an equally privileged right
under the EEA Agreement. In addition, the foreigner has to prove the ability of earning a
living without any recourse to social welfare or similar social benefits (unemployment
assistance), absence of a criminal record and the renunciation or loss of a previous nationality.
The Immigration Act of 2004 has slightly changed the requirements of naturalisation.
Integration requirements have been introduced making the right to naturalisation dependent
upon a proof of sufficient knowledge of the German language. In addition, successful
attendance at an integration course—consisting of a language course and a course on basic
facts of German history and the political system—reduces the required time of lawful
residence for naturalisation from eight to seven years. In case of the existence of facts
indicating that a foreigner supports or engages in unconstitutional political activities or is
subject to expulsion due to a terrorist affiliation, naturalisation could also be denied.
RSCAS/GLOBALCIT-CR 2020/5 - © 2020 Author(s)
17
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