Report on Citizenship Law: Germany
had a valid residence permit.11 Children whose parents were in possession of an unlimited
residence permit and have been living in Germany for five years were to be given a right to
naturalisation. In both cases, the acquisition of German citizenship would not require the
renunciation of previous nationality.
The proposals of the Social Democratic Party and the Green Party were going in the
same direction. The Social Democratic Party suggested supplementing the principle whereby
German nationality is acquired by descent (ius sanguinis) with the principle of territoriality
(ius soli). Children of foreign parents therefore ought to automatically acquire German citizenship as a result of birth on German territory, provided that at least one parent has been
born in Germany and has secured his or her permanent residence in Germany. Dual
nationality is not to be prevented in such cases. Additionally, for permanent residents,
individual rights to the acquisition of German nationality were to be created independently of
renunciation of their previous nationality. The draft suggested a facilitation of naturalisation
for the following groups of citizens:
—foreigners with a permanent residence permit after eight years of residence;
—foreigners belonging to the so-called second generation aliens who have grown up
in Germany;
—spouses of Germans after three years of lawful residence, provided that they have
been married for at least two years.
Additionally, the proposal provided for a facilitation of discretionary naturalisation,
which would be enabled after residence of five years and only be dependent upon the capacity
to earn a living, absence of a criminal conviction for a serious offence and absence of a reason
for expulsion for endangering public safety or violent behaviour.12
Following another shift in the distribution of political power across the Federation and
the Länder, the proposal could not be realised: the Christian Democratic Parties had won
some state elections and it became uncertain whether the draft bill would receive a majority in
the Bundesrat. A ‘compromise’ was worked out by the Liberal Party, which provided for the
acquisition of full nationality by birth on German territory if both parents apply and at least
one of the parents has a right of residence in Germany. The proposal of the Liberal Party
suggested a loss of dual nationality by obliging the naturalised person to opt for one
nationality once that person has reached the age of 21. If the previous (dual) nationality were
not given up, German nationality would be lost.13
A renewal of the discussion was provoked when the coalition agreement between the Social
Democrats and Bündnis ’90/Die Grünen of 20 October 1998 was presented to the public.
According to the intentions of the coalition, German citizenship should be conferred at birth
to children born on German territory if one foreign parent was born on German territory or if
he or she had entered Germany before the age of fourteen, furthermore requiring that, in both
cases, he or she at the time of birth is in possession of a residence permit
(Aufenthaltserlaubnis). Other amendments intended by the coalition were a facilitation of the
naturalisation process when applying on the grounds of an entitlement to German citizenship.
It was proposed that naturalisation be allowed if a foreigner was able to sustain himself or
herself and his or her dependants, if there were no convictions for criminal offences and,
finally, if no grounds for expulsion or deportation had arisen; the residence requirement was
11
Bundestagsdrucksache (Official Records of the Bundestag), No. 13/9815.
Bundestagsdrucksache (Official Records of the Bundestag), No. 13/259.
13
On the optional model, see the report by the Reference and Research Services of the Bundestag (eds.), No.
WF III-49/99 of 10 October 1996.
12
6
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