Anuscheh Farahat and Kay Hailbronner
5. Conclusions
German nationality law has undergone significant changes since the beginning of the new
millenium. The most important reform to the German nationality act of 1913 was in 2000.
Prior to the reform, Germany strongly followed the principle of ius sanguinis for the
acquisition of German nationality. In other words: children usually acquired German
nationality if a parent was a German national, irrespective of the place of birth. The new law
introduced ius soli elements and made it easier for foreign residents in Germany and
especially their German-born children to acquire German citizenship. Today, children born on
or after 1 January 2000 to non-German parents acquire German citizenship at birth if at least
one parent has been legally residing in Germany for at least the past eight years and has an
unlimited right of residence. In case such children hold other nationalities, they must declare
between the age of 18 and 23 whether they wish to retain German nationality unless they have
been raised in Germany according to Section 29 para. 1a of the Nationality Act. If they have
not been raised in Germany and wish to keep their German nationality, they are required to
renounce any foreign nationalities or lose their German nationality. This provision is the
result of an ongoing debate about the extent to which dual nationality is accepted under
German law.
As a general rule, foreigners now have the right to become naturalised after eight years
of habitual residence in Germany, provided that they meet the relevant conditions, instead of
the fifteen years previously required. The minimum period of residence for spouses of
German nationals is usually shorter. For naturalisation, it is necessary to prove adequate
knowledge of German. A clean record and commitment to the tenets of the Basic Law
(Constitution) are further criteria. Another requirement introduced in 2019 is the integration
into conditions of life in Germany. The person to be naturalised must also be able to
financially support him- or herself. Since 1 September 2008, applicants have to prove
knowledge of civic matters, among other things. Proof is generally possible by passing a
naturalisation test which consists of 33 questions, out of which 17 need to be answered
correctly. There several exceptions: people who have a German school-leaving certificate do
not have to take the test. Also exempt are applicants for naturalisation who cannot fulfil the
required levels of knowledge on account of illness or disability or on account of their age. The
test aims at fostering integration. In fact, 99 per cent of the applicants pass the test
Nonetheless, most recent reports indicate that the number of naturalisations decreased
significantly since 2000 and still remains at a low level. According to the information by the
Statistical Office in 2013 the naturalisation rate was only 2.3 per cent. This means that of 45
persons with a foreign passport who had fulfilled the naturalisation requirements only one
person has in fact successfully applied for a German passport. This number dropped even
further in the following years, reaching the lowest naturalisation rate since 2008 in 2015,
which was at 2.15 percent. In 2018 the naturalisation rate was at 2.19 percent. This leads to
ongoing discussions on the role of acquisition of nationality in the integration process and the
acceptance of dual nationality. Despite these debates, the Government considers that by
introducing the principle of ius soli into the German nationality law and by reducing the
requirement of prior legal residence from fifteen to eight years, nationality law has been made
flexible.65 The latest amendment easing the ‘option duty’ marks a further step towards
acknowledging sociological membership and dual nationality.
65
Bundestagsdrucksache (Official Records of the Bundestag), No. 16/13558, p. 11.
RSCAS/GLOBALCIT-CR 2020/5 - © 2020 Author(s)
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