Long awaited, the day has finally come: The German parliament has passed substantial amendments to the Citizenship Act, which will – in many cases – make naturalization in Germany easier. In essence, the residency requirement will be shortened to 5 years, and Germany will no longer object to foreigners maintaining their original citizenship. Dual citizenship will no longer pose any problem.
But before we get into the details – and before everybody who is interested in German citizenship becomes too excited -, I have to put things into context:
There are basically three paths to German citizenship.
The most common way is by descent. If you have at least one German ancestor, you may already be a German citizen, without ever having realized it. Because there were several waves of mass emigration from Germany throughout history, there are millions of descendants around the world. Theoretically, there is no limit on how far back you can go in your family tree. In practice, if it’s more than three or four generations, it becomes rather tricky.
On citizenship by descent, I have a separate article. This path is not affected by the changes enacted now.
The second way is restitution. This concerns a whole number of different cases, in which your ancestors lost German citizenship, but you can now reclaim it. I also have a separate article on this rather complex issue. Again, these cases are not affected by the new law.
The third path is naturalization. This means that you immigrate to Germany, live and work there for several years, learn the language, pass the citizenship test, and pledge allegiance to the king. No wait, we’re actually a republic now.
As a citizenship lawyer, I deal with those cases the least, because they are usually straightforward. The main problems that require a lawyer in naturalization cases are prior criminal convictions, past or present use of the welfare system, and – until now – getting an exemption that allows you to hold on to your first passport.
Only naturalization is affected by the changes that will come into effect in June 2024. If you have previously looked into German citizenship by descent or by restitution, and the result was negative, you can stop reading. (Unless, and I am sorry that things are a bit complicated, you received a negative reply before the changes of 2021 were enacted. In this case, you actually should look into your situation very carefully. Or hire a hot-shot lawyer to do so.)
So now, let’s get to the point: What are the changes to German citizenship law?
Dual citizenship:
The most important change, clearly, is that Germany no longer objects to dual citizenship.
The principle already had many holes, and more and more citizens held dual or indeed multiple citizenship. Because country A can only legislate the citizenship of country A, but not those of countries B through Z, and because you often obtain citizenship without knowing it (particularly at birth), multiple citizenship is pretty much inevitable in many cases.
The insistence that you can only be loyal to one country was weird from the beginning, long outdated by now, and complicated to maintain. Thankfully, it has been given up completely. Henceforth, you will receive German citizenship regardless of what you decide to do with your existing citizenship. (You can still give it up if you want to – and if your home country permits you to do so.)
Interestingly, and often overlooked, this change also makes it much easier for Germans to take on a second citizenship. Because until now, we needed to obtain prior permission, lest we would have forfeited German citizenship (§ 25 StAG). Without knowing it, this has happened to hundreds of thousands of Germans living abroad. Trying to reclaim previously held German citizenship, either directly or by descendants, is a large bulk of my work.
For me personally, this opens up enticing possibilities. Especially as I have lived in a few countries already to which I feel a much closer emotional connection than to my native Germany. I just hope that the stint as an illegal immigrant in Bolivia won’t shatter the dream of living out my life by Lake Titicaca.
And remember: The new law only enters into effect in June 2024. (27 June 2024 to be exact, three months after publication in the Bundesgesetzblatt.) So don’t go rushing and applying for another citizenship just yet, or you will still forfeit German citizenship.
Residence between 3 and 5 years:
Due to many exceptions, the ban on dual citizenship really didn’t accept that many applicants. But another change will affect almost everyone: The residency requirement for naturalization in Germany has been reduced considerably.
Hitherto, the standard requirement for naturalization was 8 years, although there were several ways to shorten this period. The new standard requirement will be 5 years (§ 10 I 1 StAG).
And these 5 years can be reduced to anything between 3 and 5 years in cases of exceptional integration, as measured by language skills (German at the C1 level, § 10 III no. 3 StAG), school, education and work experience, as well as civic engagement (§ 10 III no. 1 StAG).
To answer one of the questions I receive most often: If your German is not at the C1 level, there is no chance. That is the minimum requirement, on top of which you need to have done outstanding academic or professional work, run for city council (if you are an EU citizen), volunteered in environmental, social or political groups, organized arts exhibitions, volunteered as a firefighter, and published a book about Germany. As a general rule, if you haven’t been on television or radio, then your achievements probably don’t count as exceptional.
The new law holds on to § 12b StAG, one of my favorite sections of the German Citizenship Act, which means that you don’t have to physically remain in Germany for the whole time of the required residence. It even allows you to combine several stays. I have had plenty of clients who were surprised to learn that they already meet the residency requirement, because the time they spent in Germany as a student a decade ago counts. (Holidays don’t count, sorry.)
The new law also holds on to § 9 StAG, according to which spouses of German citizens will usually receive German citizenship after living in Germany for 3 years.
German citizenship for children of foreign parents:
Germany does not generally have ius soli, whereby you receive the citizenship of the country in which you happen to be born. (Most countries in the Americas operate like this.)
But there is an exception for children born in Germany to two foreign parents, if at least one parent has been residing legally in Germany for 5 years (§ 4 III 1 no. 1 StAG). These children will receive German citizenship at birth.
Obviously, these children will also receive their parents’ citizenship (based on the respective laws of that country or those countries) and will thus have dual or multiple citizenship. These children will no longer have to decide for only one citizenship at age 21 (as used to be case until now, § 29 I 2 StAG).
Adoption:
The rule that a foreign child adopted by German parents receives German citizenship by virtue of the adoption (§ 6 StAG) will remain unchanged.
But the rule that a German child adopted by foreign parents loses German citizenship (§ 27 StAG) will be removed. German children adopted by foreign parents will now keep their German citizenship. Whether they will receive their adoptive parents’ citizenship depends on the citizenship law of that country, of course.
This sounds like an arcane provision of the Citizenship Act, but it is relevant in a surprising number of cases. Especially in cases of descent, we often discover that a German child was adopted. Either because his/her parents were dead or lost, as was often the case after World War II, or – more relevant in recent years – because of adoptions in patchwork families.
A typical case goes like this: German mother with German child falls in love with a foreigner and they want to move to his home country. To speed up immigration, they get married and the father adopts the child. Although nobody intends to do so, the child may lose German citizenship. Because the mother doesn’t lose German citizenship, she thinks that her son still is German as well. Decades or generations later, they discover the error. Very tricky cases, especially as there are different types of adoptions, several exceptions to the rule, and oddly enough, many people who think they were adopted never were (in the formal legal sense).
Now, with § 27 StAG gone, you have one less thing to worry about. But then, if you have children, you always got plenty of other things to worry about.
Language requirement:
The general language requirement for naturalization in Germany is the B1 exam (§ 10 IV 1 StAG).
This is an easy intermediate level, which enables you to hold everyday conversations, read simple newspaper articles and write e-mails or letters. If anyone still writes letters. The Goethe Institute has sample exams for all language levels, so you can test yourself. Keep in mind that you don’t need to ace the test. You just need to pass it.
There is a short list of exceptions of people who do not need to pass the B1 exam:
- Children under the age of 16 only need to show “age-adequate” level of German (§ 10 IV 2 StAG).
- Foreign workers (the so-called “Gastarbeiter” or “Vertragsarbeitnehmer”) who came to West Germany before 1974 or to East Germany before 1990 only need to prove oral knowledge of German. They do not need to pass a written exam (§ 10 IV 3 StAG). They also do not need to pass the citizenship test (§ 10 VI 2 StAG). The idea is to finally naturalize the people who came to Germany to rebuild the country after World War II, who have been living here for decades, and who have mostly been working in manual jobs, without any access to formal higher education.
- Lastly, all applicants who simply cannot manage to pass the B1 exam, although they have tried to do so repeatedly and seriously. In this case, the applicant only needs to show sufficient oral knowledge of German to get by in everyday life (§ 10 IVa StAG). This concerns people with severe physical or mental handicaps, but not illiterates, as illiteracy can be overcome.
I am a bit worried about this latest point, because I already receive far too many e-mails in which people ask me to file for an exemption from the language requirement. Suddenly, everyone wants to be dyslexic. But if you graduated from high school or have a university degree, you can also learn a foreign language. In any case, you have to attend a language course first and attempt to pass the exam (several times if necessary), before you can even think about using the “I’m too stupid”-excuse.
Your time is probably better spent if you simply learn a bit of German. It’s not hard, after all, and a very poetic and romantic language.
Financial requirements:
Germany has no minimum income requirement for naturalization, but you need to show that you can support yourself and your dependents without access to welfare. You must not be collecting either “Bürgergeld” or “Sozialhilfe”. All other public subsidies (e.g. the student support “BAföG” or the housing benefit “Wohngeld”), unemployment benefits based on your previous contributions (“Arbeitslosengeld”), or of course a pension do not pose any problem.
Thus far, § 10 I 1 no. 3 StAG included an exception for applicants who were on welfare “for no fault of their own”. This was a beautifully vague term, under which I could argue many different cases. Apparently, I went too far with that, because the new law restricts the exception to a few specific narrow cases:
- Only the same group of foreign contract workers mentioned above (cf. the language requirement) can still claim the general exception of being on welfare “for no fault of their own” (§ 10 I 1 no. 3 (a) StAG).
- Another exception from the no-welfare requirement applies if you are in full-time employment and have been in full-time employment for at least 20 of the past 24 months (§ 10 I 1 no. 3 (b) StAG). This concerns the so-called “working poor” who so graciously provide the basis for capitalism and rising stock prices.
- Spouses of a “working poor”, if they have a minor child (§ 10 I 1 no. 3 (c) StAG).
This part of the new law is much harsher than the old rules. People with disabilities or depression, single parents, people who are taking care of an elderly or sick family member, and similar groups will have a much harder time to apply for naturalization. They are left with the application pursuant to § 8 II StAG, which is a discretionary naturalization. Paradoxically, these are the kind of cases which will probably require the help of a lawyer, although it concerns exactly the folks who don’t have much money. (Not that I want to imply that lawyers are expensive.)
Political requirements:
The new Citizenship Act is much more political than the previous one.
While people who were actively fighting against basic liberal and democratic values (§ 11 s. 1 no. 1 StAG) or terrorists (§ 11 s. 1 no. 2 StAG in connection with § 54 II no. 2 or 4 AufenthG) were already excluded from naturalization, the new Citizenship Act of 2024 includes a whole number of points which prevent naturalization, even when all other conditions are met.
From now on, foreigners who are married with several spouses simultaneously will be barred from naturalization (§ 11 s. 11 no. 3 (a) StAG).
As an expert on international family law, I can already see plenty of problematic cases. Because it happens more often than not that people “forget” to get a divorce before entering into a second marriage in another country. Sometimes, they have lost contact with their first spouse, sometimes they want to save the money for lawyers (never a good idea), sometimes they think it doesn’t matter. Whenever I tell people in that situation that it will come back to haunt them later, they don’t believe me. Well, now you have one more example how that nonchalance will ruin your life.
And Germany won’t naturalize any more machos. The new § 11 s. 1 no. 3 (b) StAG stipulates that naturalization is not an option if the applicant demonstrates through his (or her) behavior that he (or she) disrespects the equal treatment of men and women.
Wow. Honestly, if this was strictly applied, it would cover a large number of applicants, both men and women. After all, it’s not only toxic masculinity which poses a threat to equality, but also subservient anti-feminism. Let’s just put it this way, from the practical perspective of legal advice: If you are thinking about ever applying for German citizenship, stop making silly jokes based on gender stereotypes. Don’t be sexist. Don’t treat women as pretty objects. Don’t expect men to pay the bill on the first date. Don’t change your last name, just because you got married to some dude. Don’t ask your boyfriend to kill the spider if it’s on your side of the bed.
In any case, if this clause will be applied in practice at all, it will lead to the most interesting court cases.
The term “basic liberal and democratic values”, which as a core concept of German law is less vague than it sounds, will now have some of its elements spelled out explicitly. § 10 I 3 StAG will specify that “actions motivated by antisemitism, by racism or by other dehumanizing tendencies” violate the German constitution and the basic liberal and democratic values enshrined therein.
Again, this is a very wide clause, as it speaks of “actions”, not of criminal acts, let alone convictions. Those were already a problem before. Now, the immigration authority can check your Facebook feed for racist crap, antisemitic tropes or if you ever belittled victims of a genocide. They will also receive information from other government agencies, especially the prosecutor’s office and the intelligence services.
As opposed to the anti-machismo clause, I expect this section of the new law to be applied very strictly. I also expect this to lead to plenty of litigation, which could be good news for me as a lawyer. Problem is, I don’t like to work with racists or antisemites.
Revocation:
I suspect that these political aspects will be responsible for the bulk of attempts to revoke German citizenship. Because according to § 35 StAG, Germany can revoke citizenship within 10 years after naturalization if it turns out that the applicant provided false information.
So far, this revocation was already permissible even when the individual was rendered stateless by it (§ 35 II StAG). In the future, when most naturalized German citizens will retain their primary citizenship, statelessness is no longer a problem, which makes revocation even easier.
Ceremony:
Lastly, the new § 16 s. 3 StAG stipulates that there shall be a big party when you receive German citizenship.
Can’t nobody argue with that!
As I said, if you have a straightforward case, you don’t need a lawyer. But if you have a complicated situation, especially based on descent or restitution, or problems regarding the qualification of previous stays in Germany, questions as to whether you have been a resident at all, if you meet the “exceptional integration” criteria, or similar stuff, feel free to contact me for a consultation.
And please share the blog with anyone whom you think this information will help. Thank you!
The Happy Hermit 
Will share this. I have a questionnaire to go along with it.
Thanks so much for this wonderful update! I hope you are enjoying a wonderful start to the new year. Happy travels, Donnah
Great – I may finally get my citizenship back.
These changes purely concern naturalization and have no effect on cases of reclaiming German citizenship.
For the latter, I have a separate set of FAQ: https://andreasmoser.blog/2017/07/28/10-faq-on-reclaiming-german-citizenship/
Oh ok thanks I will let everyone know but I will also tell people not to get too excited!
As you can see from some of the other comments already, it doesn’t help. :-(
People always confuse everything with everything else and mix up naturalization with descent with restitution.
I don’t know why, when everything about law is so logical!
I know what you are saying after my court case a decade ago I realise that each and every case is individual, I think people get too excited too quickly and I do want to tell a lady of German ancestry here at work but I don’t know how to break it to her. My neighbours got their German citizenship after their Jewish grandparents lost it and they said that the visit/passport collection at the German Embassy was really emotional.
On the other hand, and this makes it really tricky, there are many people who were told (correctly at the time) that they had no claim to German citizenship, but who now do based on the 2021 changes about reclaiming German citizenship (§ 5 StAG).
Maybe I should admit that the subject IS complicated and that we cannot expect non-lawyers to fully understand it.
And honestly, the one who pretend to understand everything are maybe even the more time-consuming clients than the ones who don’t.
I was born in a German hospital and lived there until I was 15 years old. Neither of my parents are German. I am now 59 and was hoping to become a German citizen. I was told I couldn’t 😞
That’s correct.
Until the year 2000, Germany did not have any “ius soli” component in its citizenship law, and German citizenship could only be derived from a German parent.
But if you ever move to Germany, you could have 3 years of your previous residence in Germany counted towards the residency requirement and receive naturalization as a German citizen after only 2 more years (§ 12b II StAG).
German passport here living in the US with a green card. Now I will be able to apply for the US Citizenship without losing my German citizenship/passport. Great day!!
Genau, dieses Gesetz macht es auch für uns Deutsche erheblich einfacher.
Aber Vorsicht: Das Gesetz tritt erst im April in Kraft.
Hi Andreas! I’ve got two questions!
1.) I know that getting Sozialhilfe can make it more difficult to get citizenship. Is this also the case for Wohngeld? And is it at any time in the past or in the current time of the application for Einbürgerung?
2.) You mentioned that time as a student counts, but I assumed my “clock” didn’t start until after I switch to Ehegatte or Arbeit Aufenthaltszweck. Is that not the case? I’m currently doing my masters in DE and have done exchange semesters as well as an au pair year before. If these count, then I’m already way past the 3 year mark!!
(1) Wohngeld is not a problem.
The decision is based on a projection whether you will be able to support yourself in the future. That’s why use of welfare in the past, especially if it was for just a few months (or special circumstances like the Covid-19 pandemic), is not a problem. But, if you live solely of a combination of welfare payments which by themselves are not a problem, like of Kindergeld, BAföG and Wohngeld, then the immigration office may put your application to the side and wait until you earn a substantial part of your income.
(2) Any time in which you held a residence permit and lived in Germany legally counts.
Thanks for the great article. I have 2 questions?
How does this work for the children who born before i get the citizenship? Once i get the citizenship, can they also get it?
If my spouse is my dependent, can she also get the citizenship after 5 years? (Without any social contribution. No job)
If you include your children and your wife in the application, they can receive German citizenship together with you, even if they have been living in Germany for less than 5 years (§ 10 II StAG). But only if you apply jointly!
The language requirements for children depend on their age. If they are younger than 16 years old, they do not need to pass the citizenship test. (Although, if they have been attending school in Germany, the test would probably be quite easy for them. ;-) )
Your wife will need to pass the language test and the citizenship exam.
If you earn enough to provide for your whole family, then your wife (and of course your children) do not need to have their own income.
I was born to two US parents in Berlin in August 2000, and thus have a US passport. I lived there my entire life until moving to the Netherlands for university in 2021. I’m now 23 and in my last year of uni there and desperately want my dual citizenship for Germany! Is this achievable now that the laws regarding dual citizenship have changed??
Yes, but you need to move back to Germany in order to qualify and apply.
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If you are not of German race, you can never be a German. May as well give a donkey born in a stable a Horse Citizenship Card because horses are in stables.
The idea of Germany and Germans is an invented concept, like almost any nation. It was just made up, with random borders.
There is nothing more to it.
And if you want to compare yourself to animals, that’s your decision, which has no bearing on anybody else.
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Lieber Andreas, ich liebe deine Illustrationen des Deutschen. ;-) Und besonders das Bierzelt-Bild. Ganz unten links entdecke ich den einzigen frisch eingebürgerten Deutschen auf der Party .
Ich verstehe ja immer noch nicht, was die Ausländer an diesem komischen Oktoberfest finden.
Ich bin aus Bayern und würde da niemals hingehen. Andere fliegen um die ganze Welt, um sich dort Maßkrüge an den Kopf hauen zu lassen.
Manchmal begehe ich den Fehler und frage Einwanderungs- oder Einbürgerungsmandanten, warum sie nach Deutschland kommen oder Deutsche werden wollen.
Die Antworten sind leider oft sehr profan, bis hin zum Klischee: “I loooove the German Autobahn!”
Vielleicht sollte es zur Verpflichtung werden, dass die Leute ein paar Bücher lesen und in Museen gehen. Oder vielleicht ein Bonusheft, wo man alle 52 UNESCO-Weltkulturerbestätten in Deutschland besuchen und abhaken kann, und dafür schneller eingebürgert wird.
Dank der tollen Autobahnen kommt man ja blitzschnell vom Danewerk zum Donaulimes.
Vergiss nicht, Chemnitz in die Liste aufzunehmen. 😀 I‘m looking forward to it.
I was hoping there are more restrictions on Muslims to get German passport as so to keep this country more Christian as it should have been. Maybe those terms of multiple spouses is a subtle way to say so.
Germany is not a Christian country.
Most people here (including me) are atheists. And most people don’t care about someone else’s religion, as long as it’s not bigotry.
HI Andreas just a question,
If I get Naturlised and and am a German. Can my son who was born in Berlin in 2017 but later moved to his homeland can also be a German if the Mother now is German?
Regards
I would need to know many more details, about the citizenships of everyone involved, everyone’s immigration status at the time of your son’s birth in 2017 (for § 4 III StAG), and about the exact timeline.
Who is your son living with? Do you have (shared) custody? Does he want to return to Germany?
If you want, please send me an e-mail with the details. I will charge 100 EUR for the consultation.
Dear Andreas,
Thanks a lot for such a nice review. Probably you can comment something on civil engagement as a part of requirements to get citizenship in 3 years? How long should it be (all 3 years, one year), how many engagements a month (each day or weekly). Because with a full-time job it is pretty much demanding to combine civil engagement and full-time job.
Best regards!
Well, with 8 hours of sleep and 8 hours of work, you still got 8 hours left every day. ;-)
But seriously: There is no strict guideline, and the shortening of the residence requirement from 5 years to 3 years happens on a gliding scale. That means that if you are super active, you may become naturalized after 3 years. If you you are less active after 4 years.
The main thing is that it is an activity that is significant and not obviously just for show, during the last months before you apply for citizenship.
For example, if you are a member of a political party (I personally recommend the SPD) and in a local environmental/music/whatever-your-thing-is group and help once a week at the local food bank (Tafel) or the refugee center or at your children’s football club, or train to become a tour guide in your new hometown, then this should be enough, if you do it consistently.
The test won’t be how often you showed up to what, but how credible and consistent it looks. It’s not a work requirement, but a test for the level of integration. You can be really creative, and you should do something that suits your abilities and interests! And if you are in Germany with spouse and/or children, it would be even better if they are included as well.
The reference to dual citizenship law makes me think one can have one citizenship plus become a German citizen. What about scenarios where you already have more than one citizenship? Would becoming a German citizen involve having to revoke all but one other citizenship? Thanks!
As you may have noticed, I repeatedly write “dual or multiple citizenship”. 🤓
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Dear Andreas, thanks for the precious piece of content.
I am a self-employed software engineer and a permanent resident in Germany, Munich(Niederlassungserlaubnis). In March 2023, I traveled to the Middle East and returned to Germany in July 2023. I stayed in Germany for a couple of weeks before leaving again. I came back in January 2024. Unfortunately, I had to leave once more, but I will be returning around July to stay.
Could there be any kind of interruption or problems with my citizenship? Is that something that I need to be aware of or mention during my citizenship application process?
Let’s put it this way: You definitely didn’t make your application easier. :/
First of all, it may be put into question if you are actually still residing in Germany. The short returns every 6 months look suspiciously like an attempt to fulfill the bare legal minimum, which means that you might have to explain what you have been doing.
Second, extensive stays in the Middle East make the security background check much more complicated.
Hello Andreas, thanks for the blog.
After I got my permanent residency, I became a self employed in Germany. I read that in order be eligible to get the citizenship I must’ve paid at least 36 months of Renteverischerung, but as a freelancer I don’t pay Rente, I just pay the public health insurance.
Akso I don’t have 3 months payslip, but I do have enough money in my banking account to support myself. What about that? Does it have a negative effect on my citizenship application ?
There is no requirement to pay into the pension/retirement system, nor has there been such a requirement under the old Citizenship Act.
(There is one for the permanent residence permit “Niederlassungserlaubnis”, which may be the reason why some people confuse this.)
If you are self-employed, you need to show that you can support yourself. You also need to show that you can support yourself in the long run, and that you won’t fall into poverty once you retire.
So, the absence of a pension plan does not necessarily have a negative effect, BUT it does make your application much more complicated. You will need to provide proof of profitability and the tax returns for the past years.
The money in the bank is not a good substitute, because it can disappear any day, unlike a pension plan.
It may be too late for you, but for everyone else in a similar situation who is just starting out: You can also contribute to the pension/retirement system if you are self-employed. In some professions (mine, for example), you even have to.
Hi Andreas,
Thank you so much for taking the time to write this piece and share how to navigate the coming changes. Two questions I still have are:
Does residency as a student count as a full year towards naturalization? It seems so from your writing, but in previous naturalization acts, student residencies counted as half time or something like this.
Second, regarding the civic engagement, if I am working in a civics oriented field or doing work which benefits the German state/government/environment would this be considered towards citizenship or does civic engagement have to be seperate from your employment?
Thanks for your help!
Contrary to popular belief, there is nothing in the current Citizenship Act that states that time spent as a student counts only half.
There were a few states (Baden-Württemberg, Bavaria and Saxony) who had at times advised their immigration authorities to only consider 50% of the time spent on a student visa, but this practice has long been discontinued.
As to your second question, this really depends on the specific case. If you are working in the public sector and you are doing outstanding work, then it can be enough.
But generally, I am worried that too many people are getting too excited about this possibility. Shortening the residency requirement to 3 years is really an exception for exceptional cases.
Also, most people seem to want to overlook that the residence requirement can be reduced to anything between 3 and 5 years. So, it may only be 4.5 years, even if that clause is applied.