Report on Citizenship Law: Germany
new citizens came from other EU countries. Most of the naturalised Union citizens were
originally citizens of the United Kingdom (6,640), Poland (6,220), and Romania (4,325). The
largest group of naturalised persons still comes from Turkey (16,700).
3.2 Special categories and quasi-citizenship
The status of ethnic Germans living in Eastern and Central Europe and presumed to be
victims or descendants of victims of expulsion or persecution by post-war measures has been
regulated by the Federal Expellees Act (Bundesvertriebenengesetz) since 19 May 1953. It was
repeatedly amended, most recently by the Immigration Act of 30 July 2004.59 Repatriates
have a special constitutional position as Germans without German nationality. This means
that they are entitled to take up residence in Germany and acquire German nationality. Until
1999, German repatriates who had passed a reception procedure in their country of origin and
had received a certificate of admission (Aufnahmebescheid) were entitled to naturalisation
according to Section 6 of the Staatsangehörigkeitsregelungsgesetz (Peters 2003: 193;
Hailbronner & Renner 2005: 451). The nationality reform legislation of 1999/2000 changed
the legal situation. Repatriates and family relatives and descendants are automatically granted
German nationality by the issuance of a certificate as a German repatriate
(Spätaussiedlerbescheinigung) according to Section 15 of the Federal Expellees Act (see also
Section 7 of the Staatsangehörigkeitsgesetz). This still requires them to pass the aforementioned admission procedure according to the Federal Expellees Act. To receive the status of a
German repatriate it is in principle necessary for persons born after 1923 to prove descent
from an ethnic German and adherence to the German nation, which is generally indicated by
the acquisition of knowledge of the German language within the family. The Federal
Administrative Court decided that the required knowledge of the German language must be
achieved by adulthood.60 The law of 7 September 2001 on German repatriates61 reacted by
clarifying that membership to the German nation must be demonstrated by acquisition of the
German language within the family, which means that the applicant is able to have a
conversation in German at the time of emigration (Renner 2003: 913, 923).
Since the entry into force of the Immigration Act of 2004 the family relatives and nonGerman descendants of a German repatriate are only included in a certificate of admission
(Aufnahmebescheid) upon proof of basic knowledge of the German language. The
requirement of basic knowledge of the German language, which until then had been absent,
was included in order to promote the integration of immigrants and incite potential applicants
to learn German in their country of origin. The legislation thereby reacted to the fact that in
2002 only 22 per cent of persons admitted under the provisions were in fact ethnic Germans
while 64 per cent were non-German spouses and descendants and other relatives. In most
cases the non-German family relatives did not have any knowledge of the German language.
It is not altogether clear whether basic knowledge of the German language is equal to the
language requirements under the general naturalisation provisions of the Nationality Act.62
Since the entry into force of the 2004 Immigration Act, German repatriates as well as
their family relatives are also entitled to participate in an integration course and to receive
59
Bundesgesetzblatt (Federal Law Gazette), vol. I, p. 1950.
Federal Administrative Court, Neue Zeitschrift für Verwaltungsrecht-Rechtsprechungsreport 2001, vol. 5, p.
342.
61
Spätaussiedlerstatusgesetz of 30 August 2001, Bundesgesetzblatt (Federal Law Gazette), vol. I, p. 2266.
62
See Bundestagsdrucksache (Official Records of the Bundestag), No. 15/3479, p. 16, 47.
60
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