On November 1, 2023, the German government proposed a draft law to the Bundestag, titled the Draft Law to Modernize the Law on German Citizenship. The proposed amendments to the Nationality Act aim to permit multiple citizenship, streamline naturalization processes, and enable children of foreign parents to acquire German citizenship more easily. The reform, known as StARModG, seeks to reduce the low rate of naturalization (1.1% compared to the EU average of 2%) by allowing eligibility after five years of legal residence instead of the previous eight. The government targets implementation in the first half of 2024 to enhance citizenship accessibility and integration.
Accelerated Acquisition of German Citizenship for Children Born in Germany
The revision enables children of foreign parents to gain German Citizenship automatically if one parent has legally resided in Germany for five years, down from the previous eight. The condition requiring the parent to hold a permanent residence permit or a residence permit under the EU-Switzerland Agreement remains unchanged. (Draft Law art. 1, no. 2; StAG § 4, para. 3.)
Dual Citizenship
The government proposes permitting multiple citizenship, eliminating the requirement to renounce existing citizenship for those seeking German citizenship. The reform acknowledges the desire of many foreigners to maintain ties to their country of origin while integrating into German society. Additionally, Germans residing abroad acquiring a new citizenship would no longer automatically forfeit German citizenship or require permission (Beibehaltungsgenehmigung). The reform also ensures that minors adopted by foreigners do not lose their German citizenship. (Draft Law art. 1, no. 6(a), (aa), (ddd), 16, 18; StAG § 10, § 25, § 27.)
Speeding up and Simplifying Naturalization
As per the proposed law, individuals legally residing in Germany could generally apply for naturalization after five years, reduced from the previous eight years. For those showcasing exemplary integration, a special provision allows applying after three years instead of the former seven.
“Good integration” criteria include notable achievements in education, vocational training, or occupation, civic engagement, self-sufficiency, and advanced German language proficiency (C1 level of the CEFR). Former guest workers are exempted from demonstrating written German language skills; oral skills suffice, acknowledging their substantial contributions to Germany’s development. They are also relieved from the citizenship test requirement. In cases of hardship, applicants can focus on oral language skills if acquiring written skills equivalent to B1 CEFR level is exceptionally challenging, considering individual circumstances like caregiving responsibilities. (Draft Law art. 1, no. 6(a), (aa), (aaa), (c), (e), (f); StAG § 10, para. 1, para. 3; Explanatory memorandum, at 36, 37.)
Factors Preventing Naturalization
The ambiguous requirement for naturalization, ensuring the “acceptance of German social norms,” would be replaced with specific exclusion criteria. These include a prohibition on polygamous marriages and actions demonstrating a disregard for constitutionally guaranteed gender equality (Draft law, art. 1, no. 6(a), (aa), (ggg); art. 1, no. 7(c); StAG § 10, para. 1.) Additionally, the draft law stipulates that displaying anti-Semitic, racist, or inhuman behavior contradicts the constitutional guarantee of human dignity, leading to exclusion from naturalization (Draft law art. 1, no. 6(a), (cc).) The digitization, acceleration, and expansion of the security clearance process, encompassing foreign convictions, are proposed to determine exclusion grounds (Draft Law art. 2, nos. 2, 3.).
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