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The new German citizenship law, here's what the immigration lawyer says

The new German citizenship law, here's what the immigration lawyer says

DW: Ms. Bislimi-Hoso, you are a lawyer for migration law and the issue of obtaining citizenship is part of your daily professional work. What changes will the new citizenship law bring?

Bislimi-Hoso: The law on the modernization of the right to citizenship provides for some simplifications in obtaining citizenship, but for some groups of people the obstacles are raised. The requirements for the support of the constitutional order and the values ​​of freedom and democracy in Germany and for the possibility of exemption from the granting of citizenship in certain cases have also been reshaped. If someone is going to get German citizenship, Article §10 of the Citizenship Act StAG allows the application to be made after 5 years of residence (until now it was after 8 years), if other conditions are also met.

What other conditions must be met concretely?

This includes in the first place the permanent residence permit (Niederlassungserlaubnis), or another unlimited residence permit, or a specific residence permit defined by law, proof that the person provides a living for himself and dependent family members, knowledge sufficient knowledge of the German language as well as the "Naturalization Test"/"Life in Germany" certificates.

In Germany, there are sick or elderly people who have completed their years of residence here, but live on social assistance. Does the new law foresee exceptions for these cases?

 

There are exceptions to the requirement for life insurance only in certain cases. According to the previous legal situation, the granting of citizenship was possible even in very unusual cases, when people received social benefits (SGB XII) or Bürgergeld assistance (SGB II), if the affected person was "not himself to blame" for the need for exploitation of this financial assistance.

This exclusion clause has now been removed. Now there are three cases defined by the legislator, for which an exception can be made.

What cases are we talking about?

They are the "gastarbeiter" (guest workers) and in certain cases their wives. (letter a)). Anyone who works full-time and has been employed for at least 20 months of the last 24 months (letter b)) or who lives as a spouse or registered partner in a family relationship with a person employed under letter b and a minor children.

the promise of commitment to the constitutional order, the values ​​of freedom and democracy in Germany. The requirement to respect these values ​​has been strengthened and deepened through this law. The promise must be given in the context of a declaration of loyalty. In this way, the citizenship applicant accepts the constitution, the free and democratic order and in particular the historical responsibility of Germany.

 

Can dual citizenship also have disadvantages?

 

I don't think dual citizenship could bring any disadvantages./DW

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