Citizenship Reform and Germany's Foreign Residents
Major changes in Germany's citizenship and naturalization laws took effect on January 1, 2000. Germany is now home to 7.3 million foreigners. Half of Germany's foreign residents have lived in the country for upwards of ten years, and each year roughly 100,000 children are born in Germany to non-citizens. The revisions in the citizenship and naturalization laws make it easier for long-term residents to qualify for German citizenship and give many children born to foreigners an automatic claim to German citizenship.
The New Laws on Citizenship
There are three ways to become a citizen of the Federal Republic of Germany: by birth, by naturalization and, for ethnic Germans from Eastern Europe and the Soviet successor states, by claim under the "Right of Return." The most important change in Germany's citizenship law is that the principle of jus sanguinis - of defining citizenship by inheritance - has been supplemented with the principle of the jus soli ("right of soil") - of defining citizenship by place of birth.
As the law now stands, a child becomes a German citizen automatically upon birth if at least one parent is a German citizen. A child born in wedlock after January 1, 1975, is German if either parent was a citizen at the time of the child's birth. Children born before January 1, 1975, received German citizenship only if the father was a German citizen at the time of the child's birth. A child born to a German mother and foreign father before 1975 became German only if the mother requested German citizenship for the child before December 31, 1977. A child born out of wedlock to a German mother is German. If only the father is German, the child may receive German citizenship if the father acknowledges paternity before the child turns 23 or if the father acknowledges paternity and marries the mother. A child adopted by a German citizen becomes a German if the child is under 18. No changes have been made to these provisions under the new citizenship law.
As of January 1, 2000, children born in Germany to foreign parents acquire German citizenship at birth if at least one parent has lived legally in Germany for a minimum of eight years. Children who acquire German citizenship under this provision will be allowed to hold dual citizenship until they reach adulthood; they will be required to choose between their German and foreign citizenship by the age of 23 at the latest. Children born to foreign parents before the enactment of the new law who are under the age of ten will be able to claim German citizenship by virtue of birth in Germany. That claim must be exercised within a year of the new law's promulgation, and those who obtain German citizenship in this way will also be required to choose between their German and foreign citizenship by the age of 23.
The main change in the new regulations governing naturalization is a substantial reduction in the length of residency requirement. Adult foreigners who have resided legally in Germany for eight years have a claim to citizenship if they:
- give up their previous citizenship;
- have not been convicted of a major felony;
- are able to support themselves and their family; if the individual becomes dependent upon public assistance for reasons beyond their control, this condition is waived.
In addition, applicants for German citizenship will be required to demonstrate proficiency in the German language and declare their allegiance to the Basic Law (Grundgesetz), the Federal Republic's constitution.
The new naturalization regulations, like the old, generally prohibit naturalized German citizens from continuing to hold foreign (dual) citizenship. Exceptions may be made
- for elderly individuals if the renunciation of their foreign citizenship would cause unreasonable hardship;
- for individuals who have suffered political persecution and individuals who have received asylum in Germany;
- if the process of renouncing foreign citizenship carries unreasonable burdens (e.g., excessive fees or demeaning procedures);
- if renunciation of foreign citizenship would impose severe disadvantages, in particular economic losses or curtailment of property rights.
Loss of German Citizenship
If German citizens apply for and acquire the citizenship of a foreign country, they lose their German citizenship unless they have requested and received a certificate granting approval to retain it ("Beibehaltungsgenehmigung") from the German Federal Office of Administration (Bundesverwaltungsamt) in Cologne, Germany. Applications for such a certificate are filed with a German embassy or consulate general.
Already under the previous citizenship and naturalization laws, it was possible to retain German citizenship, provided strict requirements were met. However, in the interest of avoiding dual citizenship, the provision was interpreted very narrowly. The new provision largely does away with the former strict criteria, thus making it considerably easier for Germans to retain their German citizenship. The main requirement is that applicants must be able to credibly show that they still have continuing ties to Germany. This could consist of ongoing relationships to close relatives living in Germany, existing ownership of real estate in Germany, or pension or insurance claims.
Furthermore, a pledge of allegiance (as is required in the U.S. for naturalization) shall in future no longer stand in the way of issuing a certificate approving retention of German citizenship if the foreign country has a governmental and social order comparable to that of the Federal Republic of Germany. This applies in particular to Germans living in the United States who wish to acquire U.S. citizenship.
...
Nationality of Foreigners in Germany
Total Percentage of All
Resident Aliens
1. Turkey 2,110,223 28.8
2. Yugoslavia 719,474 9.8
3. Italy 612,048 8.4
4. Greece 363,514 5.0
5. Poland 283,604 3.9
6. Croatia 208,909 2.9
7. Bosnia-Herzegovina 190,119 2.6
8. Austria 185,159 2.5
9. Portugal 132,578 1.8
10. Spain 131,121 1.8
Refugees in Germany
1995 1996 1997
Asylum Recipients 158,600 170,000 177,500
Family Members of Asylum Recipients 130,000 130,000 130,000
Quota Refugees and De Facto Refugees 656,800 636,000 496,500
Asylum Applicants 345,000 330,000 320,000
Refugees from the Balkan Conflict 320,000 330,000 254,000
Total of Refugees (figures are rounded) 1,600,000 1,600,000 1,400,000
...
full text at http://www.germany-info.org/newcontent/np.bak/np_3c_1.html
BASIC LAW (Constitution) for the
Federal Republic of Germany
...
Article 26 (Ban on preparing a war of aggression)
(1) Activities tending and undertaken with the intent to disturb peaceful relations between nations, especially to prepare for aggressive war, are unconstitutional. They shall be made a punishable offense.
(2) Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details will be regulated by a Federal Law.
...
full text at http://www.jura.uni-sb.de/law/GG/gg0.html
...............................
regards
wild
Major changes in Germany's citizenship and naturalization laws took effect on January 1, 2000. Germany is now home to 7.3 million foreigners. Half of Germany's foreign residents have lived in the country for upwards of ten years, and each year roughly 100,000 children are born in Germany to non-citizens. The revisions in the citizenship and naturalization laws make it easier for long-term residents to qualify for German citizenship and give many children born to foreigners an automatic claim to German citizenship.
The New Laws on Citizenship
There are three ways to become a citizen of the Federal Republic of Germany: by birth, by naturalization and, for ethnic Germans from Eastern Europe and the Soviet successor states, by claim under the "Right of Return." The most important change in Germany's citizenship law is that the principle of jus sanguinis - of defining citizenship by inheritance - has been supplemented with the principle of the jus soli ("right of soil") - of defining citizenship by place of birth.
As the law now stands, a child becomes a German citizen automatically upon birth if at least one parent is a German citizen. A child born in wedlock after January 1, 1975, is German if either parent was a citizen at the time of the child's birth. Children born before January 1, 1975, received German citizenship only if the father was a German citizen at the time of the child's birth. A child born to a German mother and foreign father before 1975 became German only if the mother requested German citizenship for the child before December 31, 1977. A child born out of wedlock to a German mother is German. If only the father is German, the child may receive German citizenship if the father acknowledges paternity before the child turns 23 or if the father acknowledges paternity and marries the mother. A child adopted by a German citizen becomes a German if the child is under 18. No changes have been made to these provisions under the new citizenship law.
As of January 1, 2000, children born in Germany to foreign parents acquire German citizenship at birth if at least one parent has lived legally in Germany for a minimum of eight years. Children who acquire German citizenship under this provision will be allowed to hold dual citizenship until they reach adulthood; they will be required to choose between their German and foreign citizenship by the age of 23 at the latest. Children born to foreign parents before the enactment of the new law who are under the age of ten will be able to claim German citizenship by virtue of birth in Germany. That claim must be exercised within a year of the new law's promulgation, and those who obtain German citizenship in this way will also be required to choose between their German and foreign citizenship by the age of 23.
The main change in the new regulations governing naturalization is a substantial reduction in the length of residency requirement. Adult foreigners who have resided legally in Germany for eight years have a claim to citizenship if they:
- give up their previous citizenship;
- have not been convicted of a major felony;
- are able to support themselves and their family; if the individual becomes dependent upon public assistance for reasons beyond their control, this condition is waived.
In addition, applicants for German citizenship will be required to demonstrate proficiency in the German language and declare their allegiance to the Basic Law (Grundgesetz), the Federal Republic's constitution.
The new naturalization regulations, like the old, generally prohibit naturalized German citizens from continuing to hold foreign (dual) citizenship. Exceptions may be made
- for elderly individuals if the renunciation of their foreign citizenship would cause unreasonable hardship;
- for individuals who have suffered political persecution and individuals who have received asylum in Germany;
- if the process of renouncing foreign citizenship carries unreasonable burdens (e.g., excessive fees or demeaning procedures);
- if renunciation of foreign citizenship would impose severe disadvantages, in particular economic losses or curtailment of property rights.
Loss of German Citizenship
If German citizens apply for and acquire the citizenship of a foreign country, they lose their German citizenship unless they have requested and received a certificate granting approval to retain it ("Beibehaltungsgenehmigung") from the German Federal Office of Administration (Bundesverwaltungsamt) in Cologne, Germany. Applications for such a certificate are filed with a German embassy or consulate general.
Already under the previous citizenship and naturalization laws, it was possible to retain German citizenship, provided strict requirements were met. However, in the interest of avoiding dual citizenship, the provision was interpreted very narrowly. The new provision largely does away with the former strict criteria, thus making it considerably easier for Germans to retain their German citizenship. The main requirement is that applicants must be able to credibly show that they still have continuing ties to Germany. This could consist of ongoing relationships to close relatives living in Germany, existing ownership of real estate in Germany, or pension or insurance claims.
Furthermore, a pledge of allegiance (as is required in the U.S. for naturalization) shall in future no longer stand in the way of issuing a certificate approving retention of German citizenship if the foreign country has a governmental and social order comparable to that of the Federal Republic of Germany. This applies in particular to Germans living in the United States who wish to acquire U.S. citizenship.
...
Nationality of Foreigners in Germany
Total Percentage of All
Resident Aliens
1. Turkey 2,110,223 28.8
2. Yugoslavia 719,474 9.8
3. Italy 612,048 8.4
4. Greece 363,514 5.0
5. Poland 283,604 3.9
6. Croatia 208,909 2.9
7. Bosnia-Herzegovina 190,119 2.6
8. Austria 185,159 2.5
9. Portugal 132,578 1.8
10. Spain 131,121 1.8
Refugees in Germany
1995 1996 1997
Asylum Recipients 158,600 170,000 177,500
Family Members of Asylum Recipients 130,000 130,000 130,000
Quota Refugees and De Facto Refugees 656,800 636,000 496,500
Asylum Applicants 345,000 330,000 320,000
Refugees from the Balkan Conflict 320,000 330,000 254,000
Total of Refugees (figures are rounded) 1,600,000 1,600,000 1,400,000
...
full text at http://www.germany-info.org/newcontent/np.bak/np_3c_1.html
BASIC LAW (Constitution) for the
Federal Republic of Germany
...
Article 26 (Ban on preparing a war of aggression)
(1) Activities tending and undertaken with the intent to disturb peaceful relations between nations, especially to prepare for aggressive war, are unconstitutional. They shall be made a punishable offense.
(2) Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details will be regulated by a Federal Law.
...
full text at http://www.jura.uni-sb.de/law/GG/gg0.html
...............................
regards
wild
Rs7