At the end of November, when Federal Interior Minister Nancy Faeser (SPD) announced the first proposal to reform nationality law, things got really heated. The Union warned that the German passport would soon be “sold off”, and Faeser’s coalition partner, the FDP, was offended because, from the Liberal point of view, the minister took the second step before the first. The FDP wanted to reform the influx of skilled workers at least at the same time as naturalization. There are now draft laws on both issues. The most important questions and answers.
Why should the nationality law be changed?
The government wants to make naturalization easier for people who live legally and permanently in Germany and have at least one foreign parent. In doing so, she wants to strengthen identification with the German state in bi-national families as well. “Full equal participation is only possible with the acquisition of German citizenship,” says the draft of the Ministry of the Interior. Political participation is made possible in particular by the full right to vote, which is denied to people without a German passport.
What exactly does the government want to change?
Naturalization should be faster, because in a European comparison, German citizenship law is full of hurdles. Only 1.3 percent of the foreign population in Germany naturalized in 2019; in the EU it was at least two percent. In the future, foreigners should be able to get a German passport if they have lived here legally for five years. Previously, this was only possible after eight years.
Are there exceptions?
Yes, if you achieve outstanding academic or professional success, do voluntary work or speak German very well, you can get a German passport after just three years. But the lifetime achievement of the first guest worker generation is also taken into account. If you are 67 or older, you should only have to prove that you speak German to be naturalized. The integration test is omitted. This is aimed at a group of people who have made a “significant contribution to economic and social development in Germany” but could hardly benefit from language support.
What applies to children?
According to the draft, all children born in Germany whose parents have lived in the country for at least five years with qualified residence status will “receive and permanently retain German citizenship and the citizenship of their parents without any reservations”. This is a paradigm shift. So far, Germany has found it extremely difficult to acquire citizenship with the ius soli to justify, i.e. with the place of birth. While dual citizenship was still vehemently opposed by the Union, the traffic light no longer wants to urge anyone to choose between two passports. Because with the “symbolic and psychologically stressful task of the previous citizenship” many people would be prevented from naturalization and participation.
Is the German passport thrown after everyone?
no Anyone who joins the army of another country or fights for a terrorist group abroad loses German citizenship. Children can also retrospectively lose their German passport if information about paternity or the status of the parents was incorrect. For the first time, the data of people willing to naturalize should automatically go to the secret services and the police. If there are indications of serious crimes or extremism, naturalization can be denied. This also applies to anyone who “is married to several spouses at the same time” or “does not accept the equality of men and women laid down in the Basic Law”.
And the immigration of skilled workers?
The second draft law by the interior and labor ministries states that there is already a shortage of skilled workers and trainees, for example in health professions or care, childcare, IT or construction. A lack of skilled workers is a risk to prosperity. Therefore, the traffic light wants to simplify immigration.
Wasn’t there a reform recently?
Yes, on March 1, 2020, the grand coalition’s Skilled Immigration Act came into force. But the current government wants to go further.
In what way?
Above all, in that a point system will decide on access to the German labor market in the future. Foreigners should be able to enter the country with the “chance card” in order to look for a job or to have their qualifications recognised. The card is given to anyone who is either a skilled worker or gets at least six points. There are four points for a foreign professional qualification, three for good language skills or several years of professional experience after studying or training. “Sufficient German language skills”, shorter work experience or the fact that you are not older than 35 are enough for two points. One point is awarded to those who have “stayed in Germany lawfully and uninterruptedly for at least six months in the past five years” or who are 40 or under.
How many additional specialists does the government expect?
According to the draft, the interior and labor ministries assume that “an estimated additional 50,000 qualified third-country nationals” will enter the country every year.
Are people also allowed to immigrate without recognized qualifications?
The government argues that workers are also needed for simple jobs. Therefore, the “Western Balkans regulation” is to be expanded with the help of a regulation by the Ministry of Labor. Since 2016, it has allowed nationals from Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia to take up a job in Germany if they have a job offer and the approval of the Federal Employment Agency. Further qualifications such as professional degrees are not necessary. The annual quota is now to be increased from 25,000 people to 50,000 and the regulation, which has so far expired at the end of 2023, is to be extended indefinitely.
Could overseas workers crowd out local workers in a competition to the bottom?
The danger is there. For this reason, workers from abroad must be paid according to collective agreements or, if no collective agreement applies, exceed certain income limits. According to the decree of the Ministry of Labour, employers who violate occupational safety, social security obligations, tax laws or regulations on wages should not be granted work permits for employees from abroad for five years. In addition, employers should bear at least 50 percent of the immigrants’ travel expenses.
What about the repatriation of foreigners without a right to stay?
The government is working on agreements with the countries of origin: They should take back their citizens without a right to stay. In return, Germany offers legal ways into the German labor market. The former North Rhine-Westphalian Minister of Integration, Joachim Stamp (FDP), is to take care of these agreements as special representative for migration agreements.