Gesetz-Zur-Modernisierung-Des-Staatsangehoerigkeitsrechts PDF Jsessionid 1 - Cid350 de en

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draft bill
of the Federal Ministry of the Interior and Homeland
Draft law modernizing nationality law
A. Problem and goal
The number of naturalizations in Germany has stagnated at a low level for many years
and is also relatively low in a European comparison. According to Eurostat surveys,
Germany's naturalization rates are below average in the European Union. However, it is
in the interest of society as a whole that as many foreigners as possible who meet the
legal requirements should opt for naturalization in order to be able to actively shape
social coexistence. However, German nationality law is not sufficiently geared to
adequately considering the needs of migrants and providing incentives for integration
services.
B. solution; To use
For foreigners who want to stay in Germany permanently, who are committed to the free
democratic basic order and who, in principle, meet the requirement of independent
economic security of livelihood, naturalization should open the way to comprehensive
participation and participation. For this purpose, the right framework conditions must be
created by modernizing the Nationality Act (StAG). These include options for faster
naturalization. They are a further incentive to integrate quickly in order to be able to
meet the requirements for naturalization earlier. This also includes allowing multiple
nationalities in general. Many foreigners feel they belong to Germany, but do not want to
give up their previous citizenship, because they also feel connected to their country of
origin. Aspects such as language skills, education, professional integration, the ability to
earn a living from one’s own means, social participation, civic engagement, civic
knowledge and a commitment to the free democratic basic order are far more important
for integration into German society than the question whether someone has one or more
nationalities.
Due to the general admission of multiple nationalities, the option regulation for jus soli
acquisition is also completely eliminated. At the same time, the jus soli acquisition is
made easier by significantly reducing the required residence time of the relevant parent
from eight to five years. As a result, more children of foreign parents born in Germany
will receive German citizenship by birth and without any reservations.
In recognition of their lifetime achievements, naturalization is made easier for members

of the so-called guest worker generation, as the language level to be proven is limited to
oral knowledge and a naturalization test is no longer required. In addition, a hardship
clause is created for the language certificate, through which oral knowledge is sufficient
in cases of unreasonable hardship if the acquisition of language skills at level B 1 of the
Common European Framework of Reference for
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languages is not possible or permanently difficult despite serious and sustained efforts.
C. Alternatives
No.
D. Non-compliance budget expenditures
Budget expenditures without compliance costs are not to be expected for the federal, state and local
governments.
E. Compliance Costs
E.1 Compliance costs for citizens
Due to the simplifications in the naturalization procedure, in particular due to the general
admission of multiple nationalities and the associated changes, an annual increase in the
number of applications for naturalization as well as a one-off increase is to be expected.
Since a solid prognosis is hardly possible and there is no reliable basis for estimating the
development of the number of naturalizations, the presentation of the effort per
application procedure is limited. Accordingly, the citizens have a time expenditure of 282
minutes and material expenditure of 200 euros per application.
With the change in law, the application procedure for retaining German citizenship
pursuant to Section 25 (2) of the StAG no longer applies. By eliminating the need to
submit an application, citizens save a total of 16,512 hours a year and material costs of
around 15,700 euros.
E.2 Compliance costs for business

There are no additional compliance costs for business.
E.3 Administrative compliance costs

Annual and one-time compliance costs are to be expected for the administration, which
will be associated with the expected increase in the number of naturalization applications
to be processed as a result of the facilitation of naturalization. The processing of an
additional application for naturalization takes 109 minutes at the responsible nationality
authority at the municipal level at a wage rate of 39 euros per hour.
The planned abolition of the application procedure for retaining German citizenship
under Section 25 (2) of the StAG and the abolition of the option rule for lus soli
employment will lead to an annual reduction in personnel costs totaling 595,000 euros.
The federal government will be relieved of 417,000 euros and the federal states of
178,000 euros.
The federal government's additional need for material or human resources should be compensated for financially and in
terms of positions in the respective individual plan.
F. Other Costs
As a result of the legal changes, in particular the abolition of the principle of avoiding
multiple nationalities, an increase in the number of naturalization procedures is to be
expected, for which fees generally amount to 255 euros per procedure (compare Section
38 paragraph 2 number 1 StAG). On the other hand, there are no fees, which are also
usually 255 euros per procedure for retaining German citizenship under Section 25 (2)
StAG, since this procedure will be completely eliminated in the future. In addition,
applications for release from German citizenship according to § 18 ff. StAG are no longer
provided for. The alternative possible renunciation of German citizenship is free of
charge.
Effects on the unit prices and the price level, in particular on the consumer price level, are
not to be expected. The planned regulations are not associated with any further burdens
on the economy and the social security systems.
Draft by the Federal Ministry of the Interior and Homeland
Draft law to modernize the citizenship system

to the right
From the ...
The Bundestag passed the following law:
article 1
Amendment of the Citizenship Act
The Nationality Act in the revised version published in the Federal Law Gazette Part
III, classification number 102-1, which was last amended by Article 2 of the Act of
December 21, 2022 (Federal Law Gazette I p. 2847), is amended as follows:
1. In Section 3 Paragraph 1 Number 5, the entry "40b and 40c" is deleted.
2. In Section 4 Paragraph 3 Sentence 1 Number 1, the word "eight" is replaced by the word"five"replaced.
3. Section 5 paragraph 1 is amended as follows:
a) In sentence 1, the words “Section 37 paragraph 1 sentence 1” are replaced by the statement"Section 34 sentence 1" replaced.
b) Sentence 2 is worded as follows:
"Section 4 paragraph 1 sentence 2, Section 12a paragraph 2 to 4, Section 33 paragraph 5 and Section 37 apply
accordingly."
a) In number 1, the words “Section 37 paragraph 1 sentence 1” are replaced by the statement"Section 34
sentence 1"replaced.
b) In number 3, the comma at the end is replaced by the word"and"replaced.
c) In point 4, a period is inserted after the word "is" and the word "and" at the end is
deleted.
d) The part of the sentence after number 4 is deleted.
5. In Section 9 Paragraph 1 Sentence 4, the entry “3a” is deleted and after the entry “4,” the
entry"4a,"inserted.
6. § 10 is amended as follows:
a) Paragraph 1 is amended as follows:
aa) Sentence 1 is amended as follows:

aaa) In the clause before number 1, the word "eight" is replaced by the word "five"
and the words "§ 37 paragraph 1 sentence 1" by the indication"Section 34
sentence 1"replaced.
bbb) In number 3, a semicolon is inserted after the word "can" and the
words "or whose use is not responsible for" are replaced by the
following half-sentence:
“This requirement is waived if the foreigner
a) on the basis of an agreement on the recruitment and placement of

workers until June 30, 1974 in the Federal Republic of Germany
or as a contract worker until June 13, 1990 in the former German
Democratic Republic and the use of benefits according to the
second or twelfth book is not responsible for the Social Code,
b) is employed full-time and has been employed for at least 20 months

within the last 24 months, or
c) lives as a spouse or registered life partner with an employed

person in accordance with paragraph 1 sentence 1 number 3
letter b and a minor child in a family community.
ccc) Number 4 is cancelled.
ddd) In number 6, the comma at the end is replaced by the word"and"replaced.
eee) In point 7, a period is added after the word "decrees" and the word
"and" at the end is deleted.
fff) The part of the sentence after number 7 is deleted.
bb) Sentence 2 is worded as follows:
"A foreigner who is not capable of acting pursuant to Section 34 Clause 1 does not have to
meet the requirements pursuant to Clause 1 Numbers 1 and 7."
cc) The following sentence is added:
"Anti-Semitic, racist, xenophobic or other inhumanely motivated actions are

incompatible with the human dignity guarantee of the Basic Law for the
Federal Republic of Germany and violate the free democratic basic order
within the meaning of this law."
b) In paragraph 2, the word “eight” is replaced by the word"five"replaced.
c) Paragraph 3 is worded as follows:
"(3) The length of stay in accordance with paragraph 1 sentence 1 can be reduced to
up to three years if the foreigner
1. proves special integration achievements, in particular particularly good

school, vocational or professional achievements or civic commitment,
2. can earn a living for himself and his dependent family members without using
public funds and
3. meets the requirements of a level C 1 language test of the Common

Framework of Reference for Languages."
d) Paragraph 3a is repealed.
e) The following sentence is added to paragraph 4:
"For a foreigner who, on the basis of an agreement on the recruitment and

placement of workers, entered the Federal Republic of Germany by June 30, 1974
or entered the former German Democratic Republic as a contract worker by June
13, 1990, it is necessary to fulfill the requirements according to paragraph 1
sentence 1 number 6 sufficient if he can communicate orally in everyday life in
German without any significant problems.
f) After paragraph 4, the following paragraph 4a is inserted:
"(4a) In order to avoid undue hardship, the requirement of subsection 1

sentence 1 number 6 can be limited to the foreigner being able to communicate
orally in German in everyday life without any significant problems if he can prove
that he has acquired sufficient knowledge of the German language according to
paragraph 4 sentence 1 is not possible despite serious and sustained efforts or is
permanently difficult for him.
g) The following sentence is added to paragraph 6:
"The requirement of paragraph 1 sentence 1 number 7 is also waived in the

cases of paragraph 4 sentence 3 and paragraph 4a."
7. Section 11 sentence 1 is amended as follows:
a) In number 1, the word “or” at the end is deleted.
b) In number 2, the point at the end is replaced by the word"or"replaced.
c) The following number 3 is added:
"3. the foreigner
a) is married to several spouses at the same time or
b) shows through his behavior that he disregards the equal rights of men
and women laid down in the Basic Law."
8. Section 12 is repealed.
9. Section 12b is amended as follows:
a) The following sentence is added to paragraph 1:
"Contrary to sentences 1 to 4, the habitual residence in Germany usually no

longer continues if the stays abroad last for half the length of stay required in
the case of Section 4 paragraph 3 sentence 1 according to number 1 or for
naturalization, exceed."
b) In paragraph 2, the word "five" is replaced by the word"three"replaced.
10. In Section 15 Sentence 1, in the clause after number 4, the words “Section 37 Paragraph 1 Sentence 1” are
replaced by the statement"Section 34 sentence 1"replaced.
11. Section 16 is amended as follows:
a) In sentence 1, the word "administrative authority" is replaced by the word"Citizenship

Authority" replaced.
b) the following sentence is added:
"The certificate of naturalization should be handed over at a public naturalization

ceremony."
12. Article 17 is worded as follows:
"§ 17
(1) German citizenship is lost
1. by waiver (§ 26),
2. by joining the armed forces or a comparable armed unit of a foreign state or by

specifically participating in combat operations by a terrorist organization abroad
(section 28) or
3. by withdrawing an illegal administrative act (section 35).
(2) A child also loses German citizenship retrospectively as of

Time of acquisition according to Section 4 paragraph 1, 2 or 3 sentence 1 or according to Section 6
if the requirements for this acquisition are no longer met. The legal consequence according to
sentence 1 occurs if
1. the retrospective decision is final
a) a determination of the non-existence of paternity that is effective under

German law,
b) the lapse of the parent’s right of residence listed in Section 4 (3) sentence 1
number 2, which is decisive for the child’s acquisition of German citizenship,
c) the ineffectiveness of the adoption as a child or
d) the loss of German citizenship of one of the parents pursuant to Section 35 (6).
or
2. an acknowledgment of the paternity of a third party that is effective under German

law and results in the retrospective non-existence of the previous paternity
becomes effective, or
3. evidence to the contrary pursuant to Section 4 (2) has been provided.
German citizenship is not lost if the child

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1. has already reached the age of five if the decision is final, the acknowledgment of
paternity of a third party has taken effect or if the opposite is proven in
accordance with sentence 2,
2. remains related to a German parent,
3. otherwise would have acquired German citizenship in accordance with Section 4 (3) sentence 1 or
4. would otherwise become stateless.”
13. Sections 18, 19, 22 and 23 are repealed.
a) Paragraph 2 is worded as follows:
“(2) The declaration of waiver requires the approval of the competent

nationality authority. Permission is to be denied
1. Civil servants, judges, soldiers of the Federal Armed Forces and other persons who
are in a public service or official relationship as long as their service or official
relationship has not ended, with the exception of persons working on an
honorary basis,
2. Conscripts, as long as the Federal Ministry of Defense or the body designated

by it has not declared that there are no objections to the approval of the
waiver.
Sentence 2 does not apply if the waiving party
1. has had his habitual residence abroad for at least ten years or
2. has done military service as a conscript within the meaning of sentence 2

number 2 in one of the states of which he is a national.”
b) Paragraph 4 is worded as follows:
"(4) The waiver of a German who is a minor or an adult in accordance with

the German Civil Code or who is incapacitated or in need of care in this matter
and who is subject to a reservation of consent can only be declared by the legal
representative and only with the approval of the German family or care court.
The approval of the family court is not required if the waiver of the minor child of
a German parent is declared by the parents with custody or the parent with sole
custodial rights and neither parent retains German nationality after the approval
of the waiver.”
17. Sections 27 and 29 are repealed.
18. The following sentences are added to Section 30 (1):

If the prerequisites for a legal loss of German citizenship, which would also result in
the loss of Union citizenship, are met, the non-existence of German citizenship may
only be determined if the loss is also proportionate to Union citizenship. This does
not apply if no application has been made to avert the statutory loss of German
citizenship or if such an application has not been granted.
a) In sentence 2, the words "according to § 37 paragraph 2 sentence 2" are replaced by the words
"according to § 37 sentence 2"and the word "naturalization authorities" by the word
"Citizenship Authorities"replaced.
b) the following sentence is added:
"Sentence 3 applies to naturalization procedures according to § 15 accordingly."
20. The following Section 32b is inserted after Section 32a:
"Section 32b
In cases of a final conviction according to §§ 86, 86a, 102, 104,

111, 125, 126, 126a, 130, 140, 166, 185 to 189, 192a, 223, 224, 240, 241, 303, 304 and
306 to 306c of the Criminal Code, which otherwise under Section 12a Paragraph 1
Clause 1 upon naturalization would be disregarded, the nationality authority
requests the competent public prosecutor's office to determine whether the
judgment contained anti-Semitic, racist, xenophobic or other inhuman motives
within the meaning of Section 46 (2) sentence 2 of the Criminal Code in order to
determine the requirements of Section 12a (1) sentence 2 have been established or
not. The competent public prosecutor's office shall inform the requesting nationality
authority of this without delay."
21. In Section 33 Paragraph 2 Number 1, the words “and information blocks under Section 51 of the
Federal Registration Act” are deleted.
22. Article 34 is worded as follows:
"§ 34
Capable of performing procedural acts under this Act is whoever

Has reached the age of 16, unless he is legally incapacitated in accordance with the
German Civil Code or, if he is of legal age, should be looked after in this matter and
subject to a reservation of consent. Section 80 paragraph 3 and Section 82 of the
Residence Act apply accordingly.”
a) In paragraph 1, the words “or an unlawful authorization to retain German

citizenship” are deleted.
b) In paragraph 3, the words “or retention approval” are deleted.
c) the following paragraph 6 is added:

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"(6) German citizenship is lost retrospectively if the decision to withdraw is

final. In the case of withdrawal of an illegal certificate pursuant to Section 15
Paragraph 1 or 2 of the Federal Expellees Act, which was issued pursuant to
Section 15 Paragraph 4 of the Federal Expellees Act with effect for the past,
Paragraph 2 and Clause 1 shall apply accordingly.
a) In paragraph 3 number 3, the word "naturalization authority" is replaced by the

word "Citizenship Authority"replaced.
b) In paragraph 4 sentence 2, the word "naturalization authorities" is replaced by the

word "Citizenship Authorities"replaced.
a) Paragraph 1 is repealed.
b) The paragraph designation "(2)" is deleted.
c) In the first sentence of the single paragraph, the word “naturalization authorities” is replaced by
the word"Citizenship Authorities"replaced.
a) Paragraph 2 sentence 1 is amended as follows:
aa) Number 3 is repealed.
bb) Numbers 4 and 5 become numbers 3 and 4.
b) Paragraph 3 is amended as follows:
aa) In number 5, the comma at the end is replaced by the word"and"replaced.
bb) Number 6 is worded as follows:
"6. the determination of the existence or non-existence of German

citizenship ex officio pursuant to Section 30 (1) sentence 3.”
cc) Number 7 is repealed.
27. Section 39 is worded as follows:
"§ 39
The Federal Ministry of the Interior and Homeland is authorized to enact

regulations with the consent of the Bundesrat on the formal requirements for the
naturalization and renunciation certificate, the certificate of acquisition of German
citizenship by declaration and the citizenship certificate.
28. Sections 40b and 40c are repealed.
29. In Article 41, the words "paragraph 2" are deleted.

Article 2
Further amendment of the Citizenship Act
The Citizenship Law, which was last amended by Article 1 of this Law, is amended as
follows:
1. In Section 31 Sentence 2, the words “Section 37 Sentence 2 to determine grounds for exclusion under
Section 11 from the authorities for the protection of the Constitution to the naturalization
authorities” are replaced by the words"Section 37 subsection 2 to determine grounds for exclusion
under Section 11 and illegal acts committed abroad within the meaning of Section 12 of the
Criminal Code to the nationality authorities"replaced.
2. Section 37 is worded as follows:
"§ 37
(1) In the naturalization procedure, the competent nationality authority

to determine reasons for exclusion under Section 11 and to determine unlawful acts
committed abroad within the meaning of Section 12 of the Criminal Code, the
personal data stored by them of applicants who have reached the age of 16 are sent
to the Federal Office of Administration, which forwards this data immediately at
1. the Federal Intelligence Service,
2. the Federal Office for the Protection of the Constitution,
3. the military counterintelligence service,
4. the Federal Criminal Police Office,
5. the Federal Police,
6. the Customs Criminal Police Office,
7. the competent state authority for the protection of the constitution,
8. the responsible State Criminal Police Office and
9. the competent police authorities.
(2) The security authorities and intelligence services involved under paragraph 1
inform the Federal Office of Administration immediately, but at the latest within a
period of three weeks after receipt of the applicant's personal data, whether there
are any findings on reasons for exclusion or on illegal acts committed abroad within
the meaning of Section 12 of the Criminal Code. If a security authority or an
intelligence service deems further verification necessary, this should be completed
within four weeks after receipt of the applicant's personal data. After receiving
notifications, the Federal Office of Administration forwards them immediately to the
nationality authority requesting the information. The authorities named in paragraph
1 may process the transmitted data insofar as this is necessary to fulfill their
statutory duties.
3. In Section 41, the statement “Sections 32, 33 and 37” is replaced by the statement"§§ 32 and 33"replaced.
Article 3
consequential changes
(1) The Passport Act of April 19, 1986 (Federal Law Gazette I p. 537), which was last amended by Article 1 of the
Act of July 5, 2021 (Federal Law Gazette I p. 2281) has been amended as follows:
1. Section 5 paragraph 5 is repealed.
a) In number 3, the semicolon at the end is replaced by the word"and"replaced.
b) Number 4 is repealed.
c) The previous number 5 becomes number 4.
a) In number 15, the comma at the end is replaced by a period.
4. In Section 25 Paragraph 2 Number 4, the statement “Section 15 No. 3, 4 or 5” is replaced by the words
"Section 15 number 3 or 4"replaced.
(2) The Personal Identity Card Act of June 18, 2009 (BGBl. I p. 1346), the last
by Article 2 of the law of July 5, 2021 (Federal Law Gazette I p. 2281) is amended as
follows:
1. Section 6 paragraph 6 is repealed.
2. Section 23 subsection 3 number 16 is repealed.
a) In number 3, the comma at the end is replaced by the word"and"replaced.
c) The previous number 5 becomes number 4.
4. In Section 32 Paragraph 1 Number 7, the statement “Section 27 Paragraph 1 No. 3, 4 or No. 5” is replaced by the
words"Section 27 paragraph 1 number 3 or 4"replaced.
(3) The Federal Registration Act of May 3, 2013 (Federal Law Gazette I p. 1084), which was last passed by
Article 22 of the law of December 19, 2022 (Federal Law Gazette I p. 2606) has been
amended as follows:
1. Section 3 paragraph 2 number 5 is repealed.
a) In paragraph 1 sentence 3, the words “Section 3 paragraph 2 number 4, 5, 7 and 8” are replaced by the
words"Section 3 paragraph 2 number 4, 7 and 8"replaced.
b) In subsection 2 sentence 4 number 2 letter e, the words "Section 3 subsection 2 number 5

of this Act and pursuant to Section 29 subsection 6 and" are deleted.
3. In Section 24 Paragraph 1 Clause 1, the words "to c, number 5 and" are replaced by the words"to c
and number"replaced.
4. In Section 33 Paragraph 2 Clause 2, the words “Section 3 Paragraph 2 Number 1, 2 Letter d,

Number 3, 4, 5, 7, 8 and 11” are replaced by the words"Section 3 paragraph 2 number 1, 2
letter d, number 3, 4, 7, 8 and 11"replaced.
5. In Section 34 Paragraph 1 Number 8, the words "including the data stored in accordance with
Section 3 Paragraph 2 Number 5" are deleted.
6. In Section 34a Paragraph 3 Clause 1, the words “Numbers 1 to 7, Number 8 with the exception of the data
pursuant to Section 3 Paragraph 2 Numbers 5, 16” are replaced by the words"Numbers 1 to 8 and
Number 16"replaced.
(4) In Section 7 Paragraph 1 Sentence 2 of the First Federal Registration Data Transmission Ordinance
of December 1, 2014 (Federal Law Gazette I p. 1945), which was last amended by Article 5 of the
law of July 21, 2022 (Federal Law Gazette I p. 1182), the statement “up to 5” is replaced by the
statement "and 4"replaced and the entry "2401" deleted.
(5) The Second Federal Registration Data Transmission Ordinance of December 1, 2014
(Federal Law Gazette I p. 1950), which was last amended by Article 3 of the Ordinance of April 20, 2022
(Federal Law Gazette I p. 683), is amended as follows:
a) In paragraph 1, after the word “taxes”, the comma and the words “to the Federal Office
of Administration” are deleted.
b) In paragraph 3, the statement “§§ 4 to 10” is replaced by the statement"§§ 4 to 11"replaced.
(6) Section 5 subsection 1 sentence 1 number 8 of the Federal Registration Data Retrieval Ordinance of 27
July 2021 (Federal Law Gazette I p. 3209) the words "including the data stored according to § 3
paragraph 2 number 5 of the Federal Registration Act" are deleted.
(7) In § 7 paragraph 1 sentence 1 of the Federal Registration Data Digitization Ordinance of 20

April 2022 (BGBl. I p. 683), which was amended by Article 6 of the law of July 21, 2022
(BGBl. I p. 1182), number 23 is repealed.
(8) The Civil Status Ordinance of November 22, 2008 (BGBl. I p. 2263), the
was last amended by Article 2 of the law of October 19, 2022 (Federal Law Gazette I p.
1744) is amended as follows:
1. In Section 34 Paragraph 2 Clause 1, the word “eight” is replaced by the word"five"replaced.
2. In Annex 12, the word "eight" is replaced by the word"five"replaced.

Article 4
restriction of a fundamental right
Article 1 numbers 11, 15 and 21 restrict the basic right to continued German
citizenship under Article 16 paragraph 1 sentence 2 of the Basic Law.
Article 5
Notice Permission
The Federal Ministry of the Interior and Homeland may publish the wording of the
Citizenship Act in the version valid from XX.XX.XXXX [date of full entry into force of the law
pursuant to Article 6] in the Federal Law Gazette.
Article 6
Come into effect
(1) Subject to paragraphs 2 and 3, this Act shall come into force on XX.XX.XXXX.
(2) Article 1 number 13 shall come into effect on XX.XX.XXXX [one year after the date specified in paragraph 1
th date of entry into force].
(3) Article 2 shall come into force on the day on which the Federal Ministry of the Interior and
for homeland announces in the Federal Law Gazette that the technical requirements for
data transmission in accordance with Section 37 of the Nationality Act in the version of
number 2 of this article are met.
Reason
A. General part
I Purpose and necessity of the regulations
The aim of this law is to create a modern citizenship law that takes into account the
requirements of an immigration country. Access to German citizenship is to be simplified
and accelerated for foreigners permanently living legally in Germany in order to enable
them to participate on an equal footing. At the same time, an incentive should be created
to integrate quickly.
The fundamental reform of citizenship law in 2000 was intended to prevent a significant
part of the population living permanently in the Federal Republic of Germany from being
outside the state community for generations and remaining excluded from the rights and
duties of a citizen towards the state (cf. BT -Drs. 14/533, p. 11). According to the case law
of the Federal Constitutional Court, it corresponds to the democratic idea to create a
congruence between the holders of democratic political rights and the domestic resident
population permanently subject to state rule (BVerfGE 83, 37, 51 f.). Full equal
participation is only possible with the acquisition of German citizenship. This includes, in
particular, political participation, which is one of the central areas of social life through
active and passive voting rights at federal, state and local level. Despite the reform in
2000, German citizenship law is still insufficiently geared to responding adequately to the
needs of foreigners whose personal identities reflect more than one cultural and national
background.
At the end of 2021, around 72.4 million people with German citizenship and around 10.7
million with foreign citizenship were living in Germany, of whom around 5.7 million had
been in Germany for at least ten years. The proportion of naturalizations in Germany in
relation to the foreign population who have been living in Germany for at least ten years
is permanently at a low level; in 2021 it was only 2.45 percent. Only shortly after the
reform of the Nationality Act in 2000 was it higher (2000: 4.85 percent, 2001: 4.43
percent).
A comparison with other European countries shows that Germany's naturalization rate, ie
the part of the foreign population living in the country who acquired citizenship in the
respective reference year, is far below the average in the European Union. In the
European Union, it averaged 2.0 percent in 2019, in Germany only 1.3 percent (Eurostat).
This shows that a significant part of the domestic resident population, who have had their
center of life in Germany for years and are therefore an integral part of society, still does
not participate in equal participation. The current nationality law therefore needs to be
modernized in order to adequately take into account the needs of many people with an
immigrant background.
The principle of avoiding multiple nationalities, which is enshrined in German nationality

law, represents an obstacle for many people wanting to naturalize. Many foreigners feel
a sense of belonging to Germany, but do not want to completely cut off the connection to
their country of origin, which they also see as linked to their previous nationality. Aspects
such as language skills, education, professional integration, the ability to earn a living are
essential for significant integration into German society
being able to finance it from your own funds, social participation, civic engagement, civic
knowledge and a commitment to the free democratic basic order are far more important
than the question of whether someone has one or more nationalities. The granting of
citizenship opens the way to comprehensive participation and participation, from which
the German immigration society benefits just as much as the naturalized. It is made
much easier without having to give up the symbolic and psychologically stressful task of
your previous citizenship.
In addition, the principle of avoiding multiple citizenship has long since ceased to
correspond to actual naturalization practice. For more than 15 years, more than half of all
naturalizations have been made with the acceptance of multiple nationalities. The trend
is continuously rising (2018: 59.3 percent; 2019: 61.9 percent; 2020: 63.2 percent); in 2021,
the multi-national quota for naturalizations was even 69 percent. The principle of
avoiding multiple citizenship has therefore long since ceased to be the rule, but merely
the exception.
Incidentally, multiple nationalities arise not only in the context of naturalization, but
above all through descent in the case of children in bi-national partnerships (2020:
around 91,500 cases) and when acquiring German citizenship through ius-soli (2020:
around 34,500 cases). . Multiple citizenship can also arise in the context of reparation
naturalisations, the acquisition of German citizenship under Section 5 StAG or the
acquisition of German citizenship by late resettlers and family members involved under
Section 7 StAG. The proportion of German nationals who have more than one nationality
has therefore been increasing steadily since 2000, without any recognizable problems or
controversial social debate having arisen as a result.https://www.mipex.eu/access-
nationality ).
It also follows from the general admission of multiple nationalities that the option
regulation for jus soli acquisition is completely eliminated. The jus soli regulation
introduced with the reform of citizenship law in 2000 gives children of foreigners German
citizenship at birth if at least one parent has had their lawful habitual residence in
Germany for eight years and has a consolidated right of residence. With the reform in
2014, the option regulation, according to which everyone up to the age of 23 had to
decide whether to keep German or foreign citizenship, was significantly weakened. After
that, the obligation to opt for Ius soli children who grew up in Germany was abolished. In
the future, due to the general admissibility of multiple nationalities, all children born in
Iussoli will receive and permanently retain German citizenship and the citizenship of their
parents without any reservations. At the same time, the jus soli acquisition is made easier
by significantly reducing the required residence time of the relevant parent in Germany
from eight to five years.
The minimum length of stay of eight years currently required for naturalization is too
long and also does not correspond to the length of stay of five years that is usual in many
countries for naturalization in an international comparison (cf https://www.mipex.eu/
access-nationality ). A faster opportunity to naturalize is an essential element of a good
naturalization culture that creates incentives for integration. Foreigners who have a
qualified right of residence based on permanent residence and therefore usually remain
in Germany should therefore be given the opportunity to be naturalized after five years
of lawful habitual residence in Germany. If those interested in naturalization have
successfully made special efforts to integrate into the living conditions in Germany (e.g.
through special school or professional achievements, voluntary work or particularly good
language skills), this should be recognized with an even faster naturalization opportunity.
In these cases, the required
The length of stay can be reduced to up to three years, provided the foreigner can
support himself and his dependent family members without using public funds and
meets the requirements of a language test at level C 1 of the Common European
Framework of Reference for Languages. With this accelerated naturalization option,
Germany occupies an outstanding position in a European comparison. Successful
participation in an integration course as an independent reason for privileges is no
longer applicable.
When modernizing the Citizenship Act, the lifetime achievements of the so-called guest
worker generation should also be taken into account, since this group of people has
made a significant contribution to economic and social development in Germany. The so-
called guest worker generation originally assumed that they would return home at some
point. Reality has taken a different course over time. For this group of people in
particular, giving up their nationality of origin represents a particularly serious obstacle
to naturalization in Germany. With the abolition of the principle of avoiding multiple
nationalities, this obstacle will disappear in the future. Since the so-called guest workers
were initially only to remain in Germany temporarily for work purposes, they have
received little or no integration offers - such as language support or integration courses -
in the past. For this reason, the language test is made easier for them and the obligation
to take a naturalization test is reduced.
For those who, despite serious and sustained efforts, it is not possible or is permanently
difficult to acquire knowledge of the German language at level B1 of the Common
European Framework of Reference for Languages, the opportunity is also created to
prove a lower language level in hardship cases. The required proof of language
proficiency can then be limited to the fact that the person concerned can communicate
orally in German in everyday life without any significant problems.
II. Essential content of the draft
In detail, the Act on the Modernization of Citizenship Law contains the following essential
provisions:
- The principle of avoiding multiple nationalities is abandoned. In future, naturalizations

will generally take place with the acceptance of multiple nationalities. It is therefore no
longer necessary to give up your previous citizenship(s).
- This also eliminates the loss of German citizenship when acquiring a foreign
citizenship and, correspondingly, the instrument of the retention permit (§ 25
StAG).
- Likewise, the loss of German citizenship in the case of adoption by a foreigner according
to § 27 StAG does not apply.
- It also follows from the general admission of multiple nationalities that the option
regulation for jus soli acquisition is completely eliminated. In the future, all
children born Ius soli will receive and permanently retain German citizenship and
the citizenship of their parents without any reservations. At the same time, the jus
soli acquisition is made easier by significantly reducing the required residence
time of the relevant parent in Germany from eight to five years.
- The period of lawful habitual residence in Germany required for a claim to
naturalization is also reduced from eight to five years.
- In the case of claim naturalization, exceptions to the requirement to be able to earn

one's own livelihood and that of dependent family members without claiming
benefits under Book Two or Book XII of the Social Code (SGB II or XII) are now
expressly named. A benefit according to SGB II or XII is harmless for so-called
guest workers and contract workers if they are not responsible for the claim, for
foreigners who are employed full-time and have been employed for at least 20
months within the last 24 months, and for foreigners who who, as the spouse or
registered life partner of a full-time employed person, live with this person and a
minor child in a family community.
- If those interested in naturalization have successfully made special efforts to

integrate into the living conditions in Germany, this should be recognized with an
even faster naturalization option. In these cases, the pre-residence period can be
reduced to up to three years, provided the foreigner can support himself and his
dependent family members without using public funds and meets the
requirements of a level C 1 language test of the Common European Framework of
Reference for Languages.
- Naturalization for members of the so-called guest worker generation is made easier
by lowering the language level that has to be proven. Only oral knowledge
(communication in German in everyday life without significant problems) must be
proven; In addition, there is no obligation to take a naturalization test. This
regulation applies to foreigners who, on the basis of an agreement on the
recruitment and placement of workers, entered the Federal Republic of Germany
by June 30, 1974 or entered the former German Democratic Republic as contract
workers by June 13, 1990.
- In addition, a general hardship regulation for the language certificate will be

created, according to which the language requirement can be reduced to oral
knowledge if it can be proven that the acquisition of sufficient knowledge of the
German language at level B 1 of the Common European Framework of Reference
for Languages is not possible despite serious and sustained efforts is possible
or permanently made more difficult.
- The naturalization requirement of “fitting into the German way of life” is abandoned
and replaced by specific reasons for exclusion from naturalization.
- The area-specific concept of the free democratic basic order is specified in such a
way that anti-Semitic, racist, xenophobic or other inhumanely motivated actions
are incompatible with the human dignity guarantee of the Basic Law for the
Federal Republic of Germany.
- In order to guarantee a practicable enforcement of the regulation of § 12a
paragraph 1 sentence 2 StAG and to ensure that the nationality authorities learn
of criminal convictions based on anti-Semitic, racist, xenophobic or other inhuman
motives, § 32b creates a new transmission regulation. At the request of the
nationality authority, the competent public prosecutor's office shall inform the
nationality authority in cases of a conviction for a so-called minor fine under
Sections 86, 86a, 102, 104, 111, 125, 126, 126a, 130, 140, 166, 185 to 189, 192a,
223, 224, 240, 241, 303, 304 and 306 to 306c StGB immediately whether
corresponding motives have been determined in the criminal judgment or not.
- The naturalization certificate should in future be handed out as part of a public

naturalization ceremony (Section 16 sentence 3 StAG). If possible
this should be done in a solemn form and using the national symbols of the
- To implement the requirements of the case law of the European Court of Justice in
the caseTjebbes(CJEU, judgment of March 12, 2019 - C-221/17 -, at juris) it is
expressly stipulated in § 30 paragraph 1 StAG that the non-existence of German
citizenship if the requirements for a statutory loss of German citizenship are met,
which at the same time would result in the loss of Union citizenship, may only be
established if the loss of Union citizenship is also proportionate.
- In accordance with the requirements of the Federal Constitutional Court, an express

loss regulation will be created with regard to the cases of retrospective non-
earning of children under five years of age who are affected by third parties.
- The procedure of the security query is to be automated and accelerated in close accordance
with the established SBH procedure (SBH = security authorities and intelligence services of
the federal and state governments) according to § 73 paragraph 2 and 3 sentence 1 of the
Residence Act (AufenthG). The group of authorities asked for information is extended to
include the security authorities and intelligence services involved in the security-related
participation procedures in accordance with the law on residence and expellees.
- The previous dismissal procedure in §§ 18 ff. StAG, with which German citizenship
can be given up for the purpose of acquiring foreign citizenship, no longer
applies. It has little relevance in citizenship law practice; requires a complex
administrative procedure. This also takes into account the requirements of the
European Court of Justice, according to which, in the case of a naturalization
procedure in another member state of the European Union, the home member
state must ensure that the previous citizenship only expires when the new
citizenship has actually been acquired in order to secure Union citizenship. With
the waiver regulated in § 26 StAG there is a sufficient possibility to give up German
citizenship,
III. alternatives
No.
IV. Legislative Competence
The competence of the federal government to enact these regulations results from Article 73
paragraph 1 numbers 2 and 3 of the Basic Law (GG). According to this, the federal
government has exclusive legislative competence for nationality in the federal government
and for passports, registration and identity cards. In the area of competing legislation, the
Federation has made use of its legislative competence for civil status under Article 72
paragraph 1 in conjunction with Article 74 paragraph 1 number 2 of the Basic Law.
V Compatibility with European Union law and international treaties
The draft law is compatible with the law of the European Union and with international
agreements to which the Federal Republic of Germany is a party. According to European
Union law, the regulation of the acquisition and loss of nationality falls within the
competence of the Member States. The fact that
the Member States are responsible for a legal area, but according to the case law of the
European Court of Justice does not rule out that the relevant national provisions in
situations that fall under Union law must comply with this law (ECJ, judgment of 12 March
2019 - C 221/ 17 - para. 79 in juris). The draft law therefore ensures that the statutory
provisions on loss are compatible with the provisions on Union citizenship (Article 20 of
the Treaty on the Functioning of the European Union) and the principle of proportionality.
If the legal loss of German citizenship would also lead to the loss of Union citizenship, the
draft law stipulates that the loss may only be determined if the loss is also proportionate
to Union citizenship.
VI. legal consequences
The project has an impact on social cohesion. According to the case law of the Federal
Constitutional Court, it corresponds to the democratic idea to create a congruence
between the holders of democratic political rights and the domestic resident population
permanently subject to state rule (BVerfGE 83, 37, 51 f.). Full equal participation is only
possible with the acquisition of German citizenship. This includes, in particular, political
participation, which is one of the central areas of social life through active and passive
voting rights at federal, state and local level.
The project aims to improve the integration of people with an immigrant background
who have been living in Germany for a long time. The accelerated naturalization option is
also intended to provide an incentive for foreign skilled workers to come to Germany or
to decide to live in Germany permanently.
1. Legal and administrative simplification
The law aims to make it easier to acquire German citizenship. A large number of
regulations associated with the previous principle of avoiding multiple nationalities will
be repealed. Further simplifications are being created by shortening the pre-stay times
and lowering the language level to be proven for members of the so-called guest worker
generation. The security query procedure is to be automated and accelerated. There is no
conversion effort for the economy.
2. Sustainability Aspects
This law is in line with the guiding principles of the Federal Government on sustainable
development in the sense of the German Sustainability Strategy, which serves to implement
the United Nations' 2030 Agenda for Sustainable Development.
By improving the framework conditions for faster naturalization and allowing multiple
nationalities, the law contributes to the achievement of SDG 10 "Reduce inequality within
and between countries". Target 10.7 of this Sustainable Development Goal requires “(to)
facilitate the orderly, safe, regular and responsible migration and mobility of people,
including through the application of a planned and well-managed migration policy”.
The law promotes the achievement of this goal and thus contributes to social cohesion,
as it improves the social integration of foreigners living in Germany and thus also social
cohesion by making it easier and faster for them to be naturalized. Only German
citizenship gives foreigners the opportunity to participate fully and without discrimination
in social, cultural and political life in Germany. The design also achieves this
Contribute to the achievement of Target 10.2 “By 2030, empower all people, regardless of
(…) race, ethnicity, origin, religion or economic or other status, and promote their social,
economic and political inclusion” and Target 10.3 “Ensure equal opportunities and
Reducing inequality of outcomes, including by eliminating discriminatory laws, policies
and practices and promoting appropriate legislative, political and other action in this
regard” of the 2030 Agenda.
In addition, an attractive naturalization perspective for qualified foreign workers and

their families can be set by law as an incentive to come to Germany or stay here and to
live and work in Germany permanently. This is important for the German labor market
and economic growth because many companies are already finding it difficult to find
skilled workers. A modern nationality law that offers skilled workers and workers an
attractive naturalization perspective contributes to the achievement of target 8.1
"Maintain per capita economic growth in line with national conditions (...)" and target 8.3
"Promote development-oriented policies that promote productive activities that creation
of decent jobs, entrepreneurship,
The law also wants to contribute to doing justice to the lifetime achievements of the so-
called guest worker generation. This is because this group of people, who are now
already older, has made a significant contribution to Germany's economic performance
and should therefore be able to naturalize more easily. In terms of education policy, too,
the law is relevant to sustainability through easier ius soli acquisition and simpler and
more foreseeable (co-) naturalization. It has been scientifically proven that acquiring
German citizenship at an early stage significantly improves educational opportunities for
young foreigners (cf. Federal Institute for Population Research
- BiB, press release 24/22 of 23 December 2022; national key indicator 10.1 Equal
educational opportunities: Improving the educational success of foreigners in Germany).
The draft thus follows the principles of the German Sustainability Strategy "(1.)
Consistently apply sustainable development as a guiding principle in all areas and in all
decisions", "(4.) Strengthen sustainable management", "(5.) Social cohesion in an open
society maintain and improve” and “(6.) use education, science and innovation as drivers
of sustainable development”.
3. Household expenses excluding compliance costs
Budget expenditures without compliance costs are not to be expected for the federal, state and local
governments.
4. Compliance Costs
4.1 Compliance costs for citizens according to specifications
The estimate of the compliance costs for citizens for the individual requirements is
presented below.
Specification 4.1.1: Application for naturalization (ID-IP 2008111915181804)
The reform gives up the principle of avoiding multiple nationalities (see Section 10 Paragraph
1 Sentence 1 Number 4 StAG). This basically results in two changes in the naturalization
procedure that are relevant to compliance costs. On the one hand, the bureaucratic effort in
the application process, which is required under the current legal situation in order to give up
your previous citizenship, is no longer necessary. On the other hand is closed
expect that the number of annual applications will increase due to the increased
attractiveness of the procedure due to the fact that you no longer have to give up your
previous citizenship.
According to information in the online database of compliance costs (OnDEA), the time
required for citizens to apply for naturalization and the material costs associated with the
application amount to a total of around seven hours and material costs of around 300
euros. Giving up your nationality of origin takes a lot of time, since the responsible
authorities of the country in question sometimes have to be contacted several times.
Since there are no exact dates for this, it is assumed for simplicity that the time required
to submit an application is reduced by one third. With a time requirement of around
seven hours for the application and material costs of around 300 euros, there is a saving
for the citizens of around 140 minutes (ie 2,
Citizens will incur additional annual compliance costs because the number of applications
for naturalization will probably increase. Abandoning the ban on multiple citizenship
removes a major obstacle to the naturalization of many foreigners. The naturalization
procedure will not only become more attractive due to the simplified procedures
introduced here, but also the fact that foreigners will receive German citizenship after the
change in law without completely cutting off the connection to their countries of origin by
giving up their previous citizenship, will lead to more applications for naturalization each
year.
How the number of annual naturalization procedures (currently an average of 115,000

applications per year over a period of ten years) will actually develop after the reform of
nationality law cannot be predicted with certainty. However, in order to come closer to a
statement, a change in legal practice on the acceptance of multiple citizenship in the
Netherlands can be used, which gives some indication of the development of the
naturalization figures. In the Netherlands, naturalizations were carried out between 1992
and 1997 on the basis of a decree (circular decree of December 20, 1991, State Gazette
1992, 25), which came into force on January 1, 1992, with the acceptance of multiple
citizenship. Considering the three years before (1989 - 1991) and after (1993 - 1995) the
change in legal practice, the total number of naturalizations carried out in the
Netherlands has increased by a factor of 2.3. A certain comparability with Germany is
given by the fact that a similar labor migration from Turkey was also established in the
Netherlands from the 1960s and 1970s. It should be noted, however, that the observation
period three years after the reform is likely to include catch-up effects, which do not yet
provide any reliable information about the further (long-term) development of the
number of applications. Nevertheless, the general acceptance of multiple nationalities,
albeit less than 2.3 times, may have increased the number of annual naturalization
procedures. The same can be expected for the reform in Germany.
The shortened pre-residence times will not necessarily lead to proportionally more
naturalization procedures, because the other substantive legal naturalization
requirements will also have to be met, but in a shorter time. However, the example of
Syrian nationals who came to Germany seeking protection as a result of the civil war has
shown that faster procedures can provide incentives for more naturalisations. As can be
seen from the naturalization statistics for 2021, they are very willing to naturalize, which
has also led to a large number of them providing special integration services
became. Around 81 percent of the Syrian nationals naturalized in 2021 were naturalized in less time than the previous
standard time of eight years (see press release from the Federal Statistical Office of June 2022 - 237/22 - on naturalization
statistics 2021). Since no special requirements have to be met after the change in law in order to be naturalized after just five
years, it can be assumed that many Syrian nationals - but also refugees from other countries - will use this opportunity to
naturalize more quickly. For the years 2022 to 2024, the SVR estimates a total of between 39,000 and 157,000 naturalizations
in the years 2022 to 2024, depending on the scenario, with regard to Syrian nationals alone due to the high number of
people seeking protection who came to Germany between 2014 and 2016 and their increased willingness to naturalize
(compare SVR Policy Brief 2022-2, p. 5, 16 ff.), so that the annual number of naturalizations will increase significantly and will
lead to peaks in applications for a few years. Part of this increased potential for annual naturalizations will be realized more
quickly due to the reduced pre-residence periods resulting from the reform. so that the annual number of naturalizations will
increase significantly and will lead to peaks in applications for a few years. Part of this increased potential for annual
naturalizations will be realized more quickly due to the reduced pre-residence periods resulting from the reform. so that the
annual number of naturalizations will increase significantly and will lead to peaks in applications for a few years. Part of this
increased potential for annual naturalizations will be realized more quickly due to the reduced pre-residence periods
resulting from the reform.
In addition to the annual compliance costs, citizens will incur one-off compliance costs. It
is to be expected that, above all, the facilitation of naturalizations with the general
acceptance of multiple citizenship will lead to a one-time jump in the number of
applications for naturalization in the years after the present regulations come into force,
which will, however, level off over time. Relevant here is the group of those who would
have basically fulfilled the naturalization requirements in the past, but did not want to
give up their existing citizenship and therefore refrained from naturalization. The number
of foreigners who have been living in Germany for at least ten years, minus those who
are nationals of another member state of the European Union, of Switzerland or of a
state that generally does not allow renunciation of their nationality, because they could
have been naturalized in the past, accepting multiple nationalities. As of November 30,
2022, this potential was 2,533,803 people.
The extent to which catch-up effects will be realized in naturalization and the reformed
options will be used cannot be estimated, since on the one hand the decision for or
against naturalization remains a personal and unpredictable decision even after the
change in law and depends on individual factors on the other hand, all other
naturalization requirements must also be met. A favorable factor is likely to be the easier
naturalization for members of the so-called guest worker generation. The SVR assumes
that it could be just a few tens of thousands or several hundred thousands who would
seize the opportunity to apply for a German passport after the reform of the Citizenship
Act.
Since a solid prognosis is hardly possible even taking into account the scenarios
mentioned and therefore there is no reliable basis for estimating the development of the
number of naturalizations, the presentation is limited to the effort involved in each
application process. According to the information in OnDEA, citizens will need 282
minutes (ie 4.7 hours) and material costs of 200 euros to submit the application.
Requirement 4.1.2: Application to the citizenship authority to retain German

citizenship if you acquire foreign citizenship; § 25 paragraph 2 StAG (ID-IP
2008111915181812)
Change in annual compliance costs:

case count time spent per case Material costs per case Time expenditure (in hours Material costs (in thousand
(in minutes) (in Euro) the) Euro)
- 5 242 189 3 - 16 512 - 15.7
As a result of the general acceptance of multiple nationalities, Section 25 StAG is

repealed. This also eliminates the loss of German citizenship when acquiring foreign
citizenship and, correspondingly, the instrument of the retention permit (see also
requirement 4.3.2.). Accordingly, there is no longer an application procedure to retain
German citizenship under Section 25 (2) StAG.
According to an evaluation by the Federal Office of Administration, the average number

of applications received in the period from 2019 to 2021 was 5,242 cases per year.
According to OnDEA, submitting an application takes 189 minutes per case and material
costs of three euros per case.
Taking these parameters into account, there is a saving of 16,512 hours for citizens as
well as savings in material costs totaling around 15,700 euros.
Specifications with minor changes in compliance costs:
Due to the omission of the procedure for release from German citizenship according to
§§ 18 ff. StAG, which is replaced by the waiver procedure according to § 26 StAG, and the
omission of the option obligation for ius soli acquisition according to § 29 paragraph 1
sentence 2 StAG a slight relief for the citizens, which is not further quantified.
4.2 Compliance costs of the economy according to specifications
There are no additional compliance costs for business.
4.3 Compliance costs of the administration according to specifications
The estimate of the compliance costs for the requirements of the administration for which a
change in the compliance costs is suspected as a result of the change in law is presented
below.
Guideline 4.3.1: Processing of naturalization applications
The abandonment of the principle of avoiding multiple citizenship results in two changes
in the processing of naturalization applications that are relevant to compliance costs
(compare requirement 4.1.1). On the one hand, part of the bureaucratic effort in the
application processing procedure, which is required under the current legal situation to
check previous citizenship and the associated requirements for naturalization, is
eliminated. On the other hand, it can be expected that the number of applications to be
processed each year will increase due to the increased attractiveness of the procedure
due to the fact that the previous nationality is no longer required to be given up.
According to the current legal situation, the competent nationality authority must, in
addition to the identity check, check whether giving up the previous nationality appears
possible and reasonable and, if necessary, create and transmit an assurance of
naturalization for the applicant. Finally
the notice of dismissal from the country of origin must be checked and documented.
After the planned change in the law, the verification steps described as part of the
processing of applications for naturalization will no longer apply. According to expert
estimates, the entire processing of an application for naturalization takes around 130
minutes on average. Since no time is required for the above-mentioned work steps, this
is estimated at around 21 minutes based on the guidelines (SA 3, 5, 10, 11 and 14 in
simple complexity). It can be assumed that the examination of the previous nationality of
staff in the middle and higher service of the municipal administration is carried out. In
order to monetize the effort, an average wage rate of 39 euros per hour is applied
according to the administration's wage cost table.
The simplified application processing leads to a reduction in the processing time of 21

minutes per case. This results in an effort of 109 minutes at a wage rate of 44.60 euros
per hour for the processing of an additional naturalization application.
Guideline 4.3.2: Processing of Application for Preservation Permission; § 25

paragraph 2 StAG
Change in annual federal compliance costs:

case count expenditure of time wage rate per Material costs per personnel costs material costs
per case (in MAK (in euros) case (in euros) (in thousand euros) (in thousand euros)
MAC)
-1 2 74 400 0 - 149 0
-1 4.37 54 080 0 - 236 0
Change in compliance costs (in EUR thousand) - 385
With the repeal of Section 25 (1) StAG, the procedure for granting a permit to retain
German citizenship when acquiring foreign nationality upon application (Section 25 (2)
StAG) is also abolished.
It is assumed that the majority of German nationals who live abroad apply for retention
permits under Section 25 (2) of the StAG. The competent authority for German nationals
living abroad in nationality matters is the Federal Office of Administration. According to
their information, 2 employees (MAK) in the higher and 4.37 MAK in the middle service
are currently bound in approval procedures to retain German citizenship according to §
25 paragraph 2 StAG. With wage costs per employee of 54,080 euros for the middle
service and 74,400 euros for the higher service, there are personnel savings of around
236,000 euros in the middle service and around 149,000 euros for the higher service.
Overall, the abolition of the procedure for granting a retention permit results in an
annual relief for the responsible federal authority (number of cases = 1) of around
385,000 euros. It can be assumed that the planned change will only have a minor impact
on the compliance costs of the federal states due to the significantly smaller number of
cases.
Requirement 4.3.3: Determination of the prerequisites for the cessation of the option obligation /
implementation of option procedures; § 29 StAG
Change in the annual compliance costs of the countries:

case count expenditure of time pay rate Per Material costs per personnel costs material costs
per case (in Hour (in case (in euros) (in thousand euros) (in thousand euros)
minutes) Euro)
- 40 000 8th 33.40 0 - 178 0

Change in annual federal compliance costs:

case count expenditure of time wage rate per Material costs per personnel costs material costs
per case (in MAK (in euros) case (in euros) (in thousand euros) (in thousand euros)
MAC)
-1 0.6 54 080 0 - 32 0
The general approval of multiple nationalities provided for by the amendment to the law
results in the repeal of § 29 StAG and thus the complete abolition of the option regulation
for lus soli acquisitions. In the future, all children born Ius soli will receive and
permanently retain German citizenship and the citizenship of their parents without any
reservations. Already after the second law amending the nationality law, ius soli Germans
who can prove that they grew up in Germany or who have a foreign nationality other
than that of a member state of the European Union were exempted from the option
regulation. In these cases, the check in the population register to determine the
requirements for the discontinuation of the option obligation by the competent authority
in the municipalities is no longer necessary. In addition, according to information from
the Federal Office of Administration, 0.6 full-time employees in the middle service are no
longer required to process option procedures for German nationals based on the jus soli
principle abroad.
To determine the compliance costs, the number of people who are exempt from the
option obligation each year is used, which was estimated at around 40,000 people in
2014. In all cases, there is no check in the population register to determine the
requirements for exemption from the option obligation, which according to the
guidelines takes about eight minutes per case (SA 5: content check, data entry in a simple
case). There are no material costs. With a wage rate of 33.40 euros per hour for an
employee in the middle service of the municipal administration and 40,000 cases per
year, there is an annual reduction in the personnel costs of the federal states of 178,000
euros.
In addition, there are 0.6 MAK in the middle service at the Federal Office of Administration
(number of cases = 1). With wage costs per FTE of EUR 54,080 for the middle service, this
results in a relief for the federal government of around EUR 32,000.
Overall, the omission of the determination of the prerequisites for the cessation of the option
obligation / the processing of option procedures leads to an annual relief of around 270,000
euros.
Specifications with minor changes in compliance costs:
The omission of the procedure for release from German citizenship according to §§ 18 ff.
StAG, which is replaced by the less complex waiver procedure according to § 26 StAG,
results in a slight relief for the administration, which is not further quantified.
In addition, changes in the procedure for security checks in naturalization procedures are
planned according to § 37 StAG. The existing procedure is to be converted from analog to
digital. Furthermore, the group of security authorities to be involved is being expanded.
The resulting compliance costs will have to be determined as part of a feasibility study.
5. Other costs
As a result of the abolition of the principle of avoiding multiple nationalities, an increase in the
number of naturalization procedures is to be expected, in the course of which fees of
generally 255 euros per procedure are incurred (compare Section 38 paragraph 2 number 1
StAG). On the other hand, there are no fees, which also usually amount to 255 euros per
procedure for retaining German citizenship in accordance with Section 25 (2) StAG. This
procedure will be completely eliminated in the future. In addition, applications for release
from German citizenship according to § 18 ff. StAG are no longer provided; the alternative
possible waiver is free of charge.
Effects on the unit prices and the price level, especially the consumer price level, are not
to be expected. The planned regulations are not associated with any further burdens on
the economy and the social security systems.
6. Further legal consequences
Gender equality and demographic issues are not affected.
VII. Time limit; evaluation
The aim of the law to modernize nationality law is also to increase naturalization rates in
Germany in order to enable foreigners to actively participate in social coexistence. The
goal is to be achieved through improved framework conditions, in particular through the
general approval of multiple nationalities and faster opportunities for naturalization. The
Federal Ministry of the Interior and Homeland will check by 2028 whether the legal
changes have led to a higher naturalization rate in Germany. For the evaluation, the
figures from the naturalization statistics of the Federal Statistical Office are used and the
development of the exhausted naturalization potential is also used as an indicator.
B. Special Part
To article 1 (Amendment of Citizenship Law)
To Number 1 (Section 3 paragraph 1 number 5)
Consequential change due to the repeal of the naturalization provisions of Sections 40b and
40c, which have become irrelevant (compare reasoning on Article 1 number 28).
To Number 2 (Section 4 paragraph 3 sentence 1 number 1)
The length of time a parent's lawful habitual residence in Germany is required to acquire
German citizenship for a child born in Germany pursuant to sentence 1 number 1 is
reduced from eight to five years. Due to the significant reduction in the length of stay for
one parent, the number of children of foreign parents who acquire German citizenship by
being born in Germany will increase. This means that the goal already pursued with the
law on the reform of nationality law of 15 July 1999 (Federal Law Gazette I p. 1618) by
introducing the place of birth principle (Ius-soli) is achieved, the children of foreign
parents who are born in Germany and grow up here live permanently in Germany, to be
granted German citizenship at an early stage,
carried. This applies correspondingly to the goal, which was already being pursued at the same
time, of creating the greatest possible congruence between the domestic resident population and
the state population (the nationals).
To Number 3 (Section 5 Paragraph 1)
To letter a (sentence 1)
Consequential editorial change due to the relocation of the procedural capacity governed by
nationality law previously regulated in Section 37 subsection 1 sentence 1 to Section 34 sentence 1
(compare justification for Article 1 number 22 and 25 letter a).
To letter b (sentence 2)
The enumeration of the provisions that apply accordingly under sentence 2 is supplemented by
Section 33 (5) for clarification and editorially adjusted with regard to Section 37 (compare the
reasoning for Article 1 number 25 letter b).
To letter a
Consequential editorial change due to the relocation of the provision of Section 37 Paragraph 1
Sentence 1 to Section 34 Sentence 1 (compare justification for Article 1 number 22 and 25 letter a).
To letter b
Consecutive editorial change (compare the following justification for letter d).
To letter c
Consecutive editorial change (compare the following justification for letter d).
To letter d
The naturalization requirement described with the vague legal concept of “fitting into the
German way of life” is deleted and replaced by clear criteria as a reason for exclusion in
Section 11 Sentence 1 Number 3 (compare justification for Article 1 Number 7 Letter c).
To Number 5 (Section 9 Paragraph 1 Clause 4)
Consequential change due to the repeal of paragraph 3a and the insertion of paragraph
4a in § 10 (compare reasoning on Article 1 number 6 letter d and f).
To Number 6 (§ 10)
To letter a (paragraph 1)
To double letter aa (sentence 1)
To Triple letter aaa
The duration of the lawful habitual residence in Germany required for the naturalization
claim according to sentence 1 is reduced from eight to five years. With a right to
naturalization after five years of residence, allowing for multiple citizenship (compare the
following justification for
Triple letter ccc), foreigners living here legally and permanently will receive a much more
attractive offer to acquire German citizenship than before. With naturalization, they
acquire all civic rights and obligations in Germany and thus have the opportunity to
participate fully at an early stage. This creates an incentive for rapid integration. The
significant shortening of the length of stay for the right to naturalization is therefore of
essential importance for the acquisition of German citizenship. It can be assumed that
the number of naturalizations will increase. This considerably promotes the desired
congruence between the domestic resident population and the state population (the
nationals).
In addition, there is a consequential editorial change due to the relocation of the provision of
Section 37 subsection 1 sentence 1 to Section 34 sentence 1 (compare reasoning for Article 1
number 22 and 25 letter a).
To triple letter bbb
A claim to naturalization basically presupposes that one's own livelihood and that of
dependent family members can be denied without benefits under the Second or Twelfth
Book of the Social Code. Exceptions for certain groups of people are expressly named:
a) Foreigners who, on the basis of an agreement on the recruitment and placement of

workers, entered the Federal Republic of Germany by June 30, 1974 or entered the
former German Democratic Republic as contract workers by June 13, 1990 and who
are claiming benefits under the Second or Twelfth Book of the Social Code are not
responsible.
b) Foreigners who are self-employed or employed, the scope of which corresponds to a

full-time job, since the sustained effort to secure their own livelihood expressed in this
is sufficient to assume sufficient economic integration. A certain degree of
permanence of economic integration is also required, in particular to rule out abuse
through short-term full-time employment solely for the purpose of facilitating
naturalization, which is why the foreigner must have been in full-time employment for
at least 20 months in the last 24 months.
c) Foreign spouses or registered life partners of an employed person in accordance with

letter b who live with the person and a minor child in a family community.
To triple letter ccc
The principle of avoiding multiple nationalities is abandoned. The right to naturalization

is no longer dependent on giving up or losing your previous citizenship. This removes a
major obstacle to naturalization, because many foreigners feel they belong to Germany,
but do not want to completely sever the connection to their country of origin, which they
also see as being primarily linked to their previous citizenship. For integration into
German society, aspects such as language skills, education, professional integration, the
ability to make a living from one’s own means, social participation, civic engagement,
civic knowledge and a commitment to the free democratic basic order far more
important than the question of whether someone has one or more nationalities. The
granting of citizenship opens the way to comprehensive participation and participation in
social and
political coexistence, from which the German immigration society benefits just as much
as the naturalized. Naturalization is made much easier without having to give up the
symbolic and psychologically stressful task of giving up your previous citizenship. Those
foreigners who have been living in Germany for a long time and who have refrained from
applying because the previous requirement to renounce their foreign citizenship will then
also be able to exercise their right to naturalization.
There are already numerous legal exceptions to refrain from giving up or losing your
previous nationality upon naturalization (generally for nationals of the other member
states of the European Union and Switzerland, as well as in individual cases if giving up is
not possible or only possible under particularly difficult conditions is; compare the
previous § 12). As a result, the rate of naturalizations while retaining previous nationality
(multiple nationality rate) has risen continuously since the reform of nationality law that
came into force at the beginning of 2000 - from 44.9 percent to 69 percent in 2021. This is
based on the principle of avoiding multiple nationalities The rule-exception principle has
long been reversed. The acceptance of multiple nationalities for naturalization has been
the norm for years. Consequently, the principle of avoiding multiple citizenship has long
since ceased to correspond to actual naturalization practice. It can therefore no longer be
justified, also in other cases where German and foreign nationality coincide.
Incidentally, multiple nationalities arise not only in the context of naturalization, but
above all through descent in children in bi-national partnerships (2020: around 91,500
cases) and when acquiring German citizenship through ius-soli (2020: around 34,500
cases). Multiple citizenship can also arise in the context of compensation naturalisations,
the acquisition of German citizenship under Section 5 or the acquisition of German
citizenship by late resettlers and family members involved under Section 7. The
proportion of German nationals who have more than one nationality has therefore been
increasing steadily since 2000, without any recognizable problems or controversial social
debate having arisen as a result.https://www.mipex.eu/access-nationality ).
Provisions under constitutional, international and European law do not stand in the way
of abandoning the principle of avoiding multiple nationalities. Many German nationals
already have another nationality. In relation to the other member states of the European
Union and Switzerland, multiple nationalities have generally been accepted in the
naturalization process. Legal problems due to multiple citizenship have already been
largely solved by international agreements and legal regulations.
Abandoning the principle of avoiding multiple citizenship will also make it possible to
simplify and speed up the naturalization process considerably and will relieve the burden
on the citizenship authorities.
To Triple letter ddd
Consecutive editorial change (compare the following justification for triple letter fff).
To Triple letter eee
Consecutive editorial change (compare the following justification for triple letter fff).
To triple letter fff
The naturalization requirement described with the vague legal concept of "classification
into German living conditions" is deleted and replaced by clear criteria as a reason for
exclusion in Section 11 Sentence 1 Number 3. The obstacle to naturalization of polygamy,
which has previously been cited as an example, is also adopted there as a criterion for
the reason for exclusion (compare justification for Article 1 number 7 letter c).
To double letter bb (set 2)
Editorial new version due to the relocation of the provision of Section 37 Paragraph 1
Sentence 1 to Section 34 Sentence 1 (compare reasoning on Article 1 number 22 and 25 letter
a).
To double letter cc (set 3)
With the addition of the sentence that anti-Semitic, racist, misanthropic or other
inhumanely motivated actions are incompatible with the human dignity guarantee of the
Basic Law and violate its free democratic basic order, it is made clear by law that this is
part of the area-specific understanding of the free democratic basic order.
To letter b (paragraph 2)
Consequential change due to the shortening of the length of stay required for the right
to naturalization in paragraph 1 sentence 1 (compare previous justification for letter a,
double letter aa, triple letter aaa).
To letter c (paragraph 3)
Paragraph 3 is revised. The possibility of shortening the length of stay for naturalization
by one year in the case of successful participation in an integration course, regulated in
the previous sentence 1, no longer applies, since it is no longer systematically
appropriate due to the possibility of reducing it from five to up to three years in the case
of special integration achievements. Due to the significant reduction in the length of stay
for the naturalization entitlement from eight to five years, the previous differentiation
into an entitlement norm according to sentence 1 (reduction to seven years if successful
participation in an integration course) and a discretionary norm according to sentence 2
(possible reduction to up to six years) remains in the case of special integration services)
no room. The entitlement standard is therefore changed in favor of a uniform,
If those interested in naturalization have successfully made special efforts to integrate

into the living conditions in Germany (e.g. through special school or professional
achievements, voluntary work or particularly good language skills), this should be
recognized with an even faster naturalization opportunity. The length of stay reduced to
five years for the right to naturalization can therefore be further reduced to up to three
years if special integration achievements are available.
In order to comply as far as possible with the requirement to keep a distance from the
settlement permit, in order to shorten the length of stay in the case of naturalization to
less than five years, it is necessary for those interested in naturalization to be able to earn
a living for themselves and their dependent family members without using public funds.
It is true that naturalization does not require a settlement permit, but a permanent
residence permit is sufficient according to Section 10 Paragraph 1 Sentence 1 Number 2.
However, in order to prevent the maintenance requirements from already occurring after
three years
possible entitlement to naturalization are lower than in the case of the settlement permit (ban
on overtaking), unrestricted ability to maintain is required instead of limited ability to support
according to Section 10 subsection 1 sentence 1 number 3, which meets the requirements of
Section 9 subsection 2 sentence 1 number 2 AufenthG and Section 8 subsection 1 Number 4
corresponds. In addition, language skills of level C 1 GER are required, which correspond to
the language skills requirements for a settlement permit according to § 26 paragraph 3
sentence 3 number 3 AufenthG, which can be granted after three years.
This change also satisfies a demand from the conference of ministers and senators
responsible for integration from the federal states (compare resolution on item 6.2 of the
14th IntMK of April 11/12, 2019 and item 2.7 of the 16th IntMK of April 29th, 2019). April
2021) into account.
To letter d (paragraph 3a)
With the abandonment of the principle of avoiding multiple nationalities (compare

previous justification for letter a, double letter aa, triple letter ccc), the regulation
becomes irrelevant and is therefore repealed.
To letter e (paragraph 4)
The regulation of the newly inserted sentence 3 takes into account the interests of the so-
called guest worker generation, who have made a significant contribution to economic
and social development in Germany. Since members of the so-called guest worker
generation should initially only stay in Germany temporarily for work purposes, they have
had little or no integration offers in the past
- such as language support or integration courses. As a result, they often only have oral
German language skills. In order to meet the requirement of sufficient knowledge of the
German language, it is sufficient for this group of people if the persons concerned can
communicate orally in German in everyday life without any significant problems. The
term "members of the so-called guest worker generation" includes the contract workers
of the former German Democratic Republic.
The change also satisfies a demand from the conference of the ministers and senators
responsible for integration in the federal states (compare resolution on item 6.2 of the
14th IntMK of April 11/12, 2019 and item 2.7 of the 16th IntMK of April 29th, 2019). April
2021) into account.
This does not affect the complete waiver of the language skills according to paragraph 6
if the foreigner is unable to fulfill them due to a physical, mental or psychological illness
or disability or due to age. According to number 10.6 of the Federal Ministry of the
Interior’s preliminary application instructions for the Nationality Act in the version of June
1, 2015 (VAH-StAG), the reasons for exclusion must be proven by a medical certificate if
they are not obvious. According to case law and literature, the determination of age-
related incapacity requires an individual examination in which all personal circumstances
that speak for or against sufficient learning ability are to be taken into account.
To letter f (paragraph 4a)
The new paragraph 4a introduces a hardship regulation for the sufficient knowledge of
the German language to be provided within the scope of naturalization. In order to avoid
undue hardship, language skills can be limited to the foreigner being able to function in
everyday life without any significant problems
able to communicate orally in German. This minimum level of oral knowledge of the
German language is also required in the case of hardship, so that participation in
democratic political decision-making is actually possible at all.
In exceptional cases, this minimum level of oral language skills may be sufficient to avoid
undue hardship if, despite serious and sustained efforts, the acquisition of German
language skills at level B 1 of the Common European Framework of Reference for
Languages is not possible or is permanently considerably more difficult. The person
concerned must prove that these requirements are met. This is to ensure that the
application of the provision is limited to actual cases of hardship and that the language
requirements of paragraph 1 sentence 1 number 6 cannot be circumvented by mere
allegations. Proof of registration for various language courses alone is not sufficient.
Rather, it must also be proven that the language courses have actually been attended
and it must be explained
According to the case law of the Federal Administrative Court, language requirements are
not an end in themselves; Rather, they are typically a prerequisite for integration into the
basic areas of education, employment and participation in political life and thus for social,
political and societal integration (BVerwG, judgment of May 27, 2010 - 5 C 8/09 -, 30 in
juris). It must therefore always be expected that existing deficits (as far as possible and
reasonable) are eliminated; this also expressly applies to illiterate people. Illiteracy as
such is not an illness or disability within the meaning of Section 10 (6) StAG. He is an
irremediable fate
- also for adults - but also not (BVerwG, loc. cit., para. 20 in juris). Therefore, it cannot
generally be assumed that illiterate people will not be able to acquire the necessary
language skills or that it will be significantly more difficult for them to do so in the long
term.
The reasonableness within the framework of the hardship case regulation is designed
through the element of the offense “permanently significantly aggravated”. In individual
cases, a prognosis must be made that the acquisition of language skills over a long
period of time will be significantly more difficult in the future. All circumstances of the
individual case that speak for and against language acquisition at level B 1 of the
Common European Framework of Reference for Languages must be taken into account.
As part of the prognosis, it must be taken into account that the younger the
naturalization applicant is, the more likely it is that they will acquire the necessary
language skills in the future. In particular, cases can be considered
To letter g (paragraph 6)
In the cases of the language regulation for the so-called generation of guest workers
according to paragraph 4 sentence 3 and the hardship regulation according to paragraph
4a, the requirement of knowledge of the legal and social order and the living conditions
in Germany according to paragraph 1 sentence 1 number 7 is waived. The civic
knowledge, which is usually proven by a naturalization test according to the
naturalization test regulation, cannot be fulfilled by people who do not have knowledge
of the German language at level B 1 of the Common European Framework of Reference
for Languages, according to the current design of the test.
To Number 7 (§ 11 sentence 1)
To letter a
Consecutive editorial change (compare the following justification for letter c).
To letter b
Consecutive editorial change (compare the following justification for letter c).
To letter c
With the addition of a number 3, two new facts are included in sentence 1, which exclude
naturalization. These reasons for exclusion replace the vague legal concept of
"integration into German living conditions" and delete it as a requirement for
naturalization in Section 8 paragraph 1 and Section 10 paragraph 1 sentence 1 (compare
justification for Article 1 number 4 letter d and number 6 letter a, double letter aa , triple
letter fff).
In the future, the facts provide for an exclusion from naturalization in the event that an
applicant foreigner is married to several spouses at the same time ("plural marriage") or
he shows through his behavior that he does not accept the equal rights of men and
women laid down in the Basic Law ( compare BVerwG, judgment of May 29, 2018 - 1 C
15/17 -, BVerwGE 162, 153-179, para. 67 at juris). These are facts that are fundamentally
incompatible with the value system of the Basic Law and the existing legal system in
Germany.
The reason for exclusion of polygamy under number 3 letter a directly only affects
applicants who themselves have entered into several marriages. Since this is only
permitted for men in the relevant countries of origin, the women with whom a man lives
in a polygamy are not themselves married to several spouses at the same time. But they
are partners in a polygamy. The construct of plural marriage means that the marriage of
someone who is married to several spouses at the same time must have another partner.
This organization of family relationships can only be realized if all those involved in plural
marriages act in concert. Polygamy is a marriage model that is banned in Germany and
disregards women's rights. This means that all those involved in a polygamy community,
including the women,
- 2 A 258/21 HGW -, Rn. 22 ff. at juris). In doing so, they realize the reason for exclusion of
number 3 letter b. It does not change the fact that women voluntarily engage in this
gender-discriminatory construct, since it is part of the state's protective mandate to
prevent this form of "marriage" in Germany and to end the discrimination against women
that it entails.
It is part of the fundamental order of values that shapes social conditions that the
constitutionally based equality of the sexes (Article 3 paragraph 2 sentence 1 and
paragraph 3 GG) is recognized and lived (compare VGH Mannheim, judgment of August
20, 2020 - 12 S 629 /19 -, para. 51 in juris). Other cases of application in which non-
acceptance or disregard of the principle of equal rights for men and women according to
Article 3(2) sentence 1 of the Basic Law can result in a reason for exclusion from
naturalization can be based, for example, on the fact that there are indications of being
stuck in patriarchal family structures (Style of upbringing, which denies underage
daughters and the wife a right to independent participation in social life, acceptance of
religious or social marriages of underage daughters, etc.; compare Wittmann, Written
statement on the draft of a third law amending the Citizenship Act, p. 34, German
Bundestag - Committee on the Interior and Homeland -
Committee Drs. 19 [4] 315 G) or by indications of a fundamentalist understanding of

culture and values, according to which Sharia prevails over parts of the German legal
system and women have an inferior legal status.
To Number 8 (§ 12)
With the abandonment of the principle of avoiding multiple nationalities (compare the
justification for Article 1 number 6 letter a, double letter aa, triple letter ccc), the
regulation becomes irrelevant and is therefore repealed.
To Number 9 (§ 12b)
With the sentence added to paragraph 1, a provision from number 12b.1 VAH-StAG is
taken over to clarify, according to which a habitual residence in Germany can generally
no longer be assumed if more than half of the 4 paragraph 3 sentence 1 according to
number 1 or the length of stay required for naturalization abroad. In these cases, the
period begins again after the interruption of the stay, with which half of the required
length of stay has been exceeded.
Due to the considerable shortening of the legal habitual residence in Germany required
for the naturalization claim according to § 10 paragraph 1 sentence 1 from eight to five
years (compare the reasoning for Article 1 number 6 letter a, double letter aa, triple letter
aaa), the possibility a pre-residence period can be credited to the length of stay required
for naturalization, reduced accordingly from up to five to up to three years.
Consequential editorial change due to the relocation of the provision of Section 37 Paragraph 1
Sentence 1 to Section 34 Sentence 1 (compare justification for Article 1 number 22 and 25 letter a).
To Number 11 (§ 16)
To letter a (sentence 1)
Clarifying change. The term "nationality authority" is now used throughout the individual
regulations.
To letter b (sentence 3)
If possible, the naturalization certificate should be handed over in a ceremonial manner,

usually as part of a public naturalization ceremony, and using the national symbols of the
Section 17 has been completely reworded and is now divided into two instead of three paragraphs.
Paragraph 1 contains, as before, the enumeration of the facts of loss - which have now been
considerably reduced due to the general acceptance of multiple nationalities.
In paragraph 2, the regulations contained in Section 17 in the previous paragraphs 2 and

3, which relate to the loss of German citizenship, are revised and specified. This applies to
cases of retrospective "non-acquisition" of third-party children whose citizenship is lost as
a result of the retrospective omission of the acquisition requirements (e.g. through
withdrawal of the unlawful settlement permit of the relevant parent in the case of jus soli
acquisition or through contesting paternity or withdrawal of the naturalization of the
relevant parent that was obtained by deduction in the case of acquisition of descent). .
The new version takes into account the decision of the Federal Constitutional Court of
December 17, 2013 - 1 BvL 6/10 -, BVerfGE 135, 48, on the nullity of the official challenge
to paternity. According to this, there is a need - regardless of the incompatibility of the
regulation on the official contestation of paternity in § 1600 paragraph 1 number 5 of the
German Civil Code (BGB) with Article 16 paragraph 1 GG - as determined by the Federal
Constitutional Court - a specific regulation of the in § 17 assumed by the legislature, but
consequences of loss in the case of third-party affected children that are not expressly
specified. In its ruling, the Federal Constitutional Court determined that the regulation in
§ 17 paragraphs 2 and 3 for the loss of citizenship of children affected by third parties
implied that the challenge by the authorities led to the retrospective loss of citizenship,
but this indirect regulation did not meet the strict requirements of the statutory
reservation under Article 16 Paragraph 1 sentence 2 GG to the regulation of nationality is
not sufficient. At the same time, there is a violation of the citation requirement of Article
19 paragraph 1 sentence 2 GG (BVerfGE 135, 48, 78 f.). The same could be assumed for
the other loss events previously listed in Section 17 (3). The legal uncertainty that exists in
this respect is eliminated by an express and thus undoubtedly constitutional regulation of
all cases of retrospective "non-acquisition".
Sentence 1 regulates the retrospective loss of German citizenship for third-party children under
the age of five in the event of retrospective omission of the requirements for acquiring German
citizenship through birth pursuant to Section 4 subsections 1, 2 and subsection 3 sentence 1 and
through adoption as a child pursuant to Section 6 The facts that triggered the loss of citizenship in
children affected by third parties, which are only indirectly regulated in the previous version of
Section 17 (2) and (3), are listed there in detail and the occurrence of the loss as a consequence in
the constellations under consideration is specified in a sentence 2 in an enumerative and clarifying
manner . The same applies to the exceptions to the consequences of loss, which are regulated in
sentence 3.
In cases in which, in the case of jus soli acquisition, it turns out afterwards that there was
actually no eight-year (Section 4 (3) sentence 1 number 1 in the version applicable before
this Act came into force) or a five-year legal previous stay, this is a case of non-
acquisition, in which only the legal semblance of acquisition of German citizenship is
created, which ultimately can only lead to seizure. German citizenship, on the other hand,
is not actually acquired, so that there is no need for a regulation on the loss (see, for
example, OVG Lüneburg, decision of March 9, 2016 - 13 ME 12/16, para. 6 ff. at juris; OVG
Hamburg, decision from October 5, 2009 - 3 Bf 48/08.Z, paragraph 14 ff. at juris - are the
employment requirements at birth not actually present,
This also applies to cases in which an acquisition of parentage was initially assumed in
accordance with § 4 Paragraph 1, if it later turns out that the relevant parent was actually
not German.
Paragraph 2 sentence 2 number 1 letter c (ineffectiveness of the adoption) does not apply
to decisions on annulment that apply only to the future according to §§ 1759 ff. BGB and
comparable foreign legal provisions, since there is already a lack of a “retrospective
decision” in this respect.
In the case of children born confidentially who are considered children of a German until
proven otherwise (see Section 4 (2) sentence 2), evidence obtained in violation of the
Pregnancy Conflict Act does not qualify as significant evidence to the contrary.
Paragraph 2 does not create a new right. The regulation that has existed since 2009 is
merely specified, the content of which remains unchanged. According to this provision,
children affected by third parties lose their illegally acquired German citizenship by
operation of law in the event of retrospective "non-employment" if they have not yet
reached the age of five. The explanatory memorandum to Section 17 (cf. BR-Drs. 549/08)
states, among other things: “The provision that third parties who derive their German
citizenship from the deceiver by operation of law, e.g. through descent or adoption, from
a loss are exempted by the withdrawal of naturalization, but only applies to persons who
have already completed their fifth year. For younger people, i.e. children under the age of
five, it doesn't count. For them, therefore, the descent from a German parent as a reason
for acquiring German citizenship no longer applies retrospectively, which means that
they themselves lose German citizenship retrospectively.”
With the new version of § 17, the strict requirements of the legal reservation for the
regulation of the loss of German citizenship according to Article 16 paragraph 1 sentence 2
GG as well as by a further regulation in Article 4 the citation requirement of Article 19
paragraph 1 sentence 2 GG are taken into account (cf Justification for Article 4).
To Number 13 (§§ 18, 19, 22 and 23)
With dismissal and renunciation, there are two procedures through which German
citizenship can be relinquished. In the case of the dismissal regulated in §§ 18 et seq.,
which allows a withdrawal from German citizenship for the purpose of acquiring foreign
citizenship upon application, temporary statelessness is accepted, which occurs because
foreign citizenship can only be acquired if before the dismissal has taken place and the
loss of German citizenship has already occurred. The dismissal on the basis of the
fictitious order in Section 24 is deemed not to have taken place if the guaranteed foreign
citizenship was not acquired within one year after the certificate of dismissal was issued.
In the JY v. Wiener Landesregierung case, the European Court of Justice (ECJ, judgment of
January 18, 2022, - C-118/20 -) ruled that in the case of a naturalization procedure
conducted in another member state of the European Union, the home member state
must ensure that the previous citizenship only expires when the new citizenship has
actually been acquired. This serves to secure Union citizenship if naturalization
subsequently fails because the person concerned would otherwise be stateless and the
derived Union citizenship would then perish. The dismissal procedure would therefore
have to be adjusted accordingly.
However, the dismissal procedure has little relevance in legal practice. The number of
dismissals entered in the register of decisions on nationality matters in the last three
years was extremely low: 129 in 2019, 98 in 2020 and 110 in 2021.
Since the renunciation regulated in Section 26 is another way of giving up German

citizenship, which also protects against statelessness because possession of at least one
other citizenship is required, the provisions on dismissal (Sections 18, 19, 22 and 23 ) To
get picked up. Section 24 is repealed
deviating from this at a later point in time (cf. reasoning for Article 1 number 14 and for
Article 6 paragraph 2). The facts of Section 22 (reasons for which dismissal was previously
not possible) are integrated into Section 26.
With the abolition of the dismissal regulations, a complex administrative procedure is also
eliminated, since in the case of dismissal on the basis of Section 24, it must be checked whether
the guaranteed foreign nationality was acquired within one year after the certificate of dismissal
was issued or the dismissal is deemed not to have taken place and the certificate of dismissal is to
be confiscated.
The time of repeal differs from Sections 18, 19, 22 and 23, since in cases where the
dismissal has already taken place when this Act generally comes into force, the fiction of
non-dismissal regulated in Section 24, which occurs when the promised foreign
citizenship is not acquired within one year of the certificate of release being issued, must
be maintained until the end of this one-year period in order to avoid statelessness (cf.
justification for Article 1 number 13 and Article 6 paragraph 2).
With the repeal of Section 25, the statutory loss of German citizenship in the event of an
application for foreign citizenship is abolished. At the same time, the approval to retain
German citizenship (retention approval), with which the loss could be averted upon
application in justified individual cases, is no longer applicable. The repeal of Section 25 is
a consequential change resulting from the abandonment of the principle of avoiding
multiple nationalities (compare reasoning on Article 1 number 6 letter a, double letter aa,
triple letter ccc). The abolition of the statutory loss regulation makes it easier for German
nationals living abroad in particular to accept the citizenship of their country of residence,
without thereby losing their German citizenship. At the same time, there is no need for a
time-consuming procedure, which is subject to a fee for the applicant, to avert such a loss
when acquiring foreign citizenship.
To Letter a (paragraph 2 )
Paragraph 2, which has been reworded for this purpose, integrates the facts of the
previous Section 22 (reasons for which dismissal was previously not possible) (compare
justification for Article 1 number 13). They were already included in the waiver regulation
by reference to the previous, correspondingly applicable § 22.
Paragraph 4, which is also being revised, adopts the provisions of the previous Section 19
on the dismissal of minors, taking into account the legal concept of Article 7 Paragraph 2
Sentence 2 of the European Convention of November 6, 1997 on nationality. At the same
time, adults who are legally incapacitated or who need to be cared for in this matter in
accordance with the German Civil Code and who are subject to a reservation of consent
are given the opportunity to give up German citizenship by renouncing their citizenship.
For these persons, the waiver requires the prior approval of the competent German
guardianship court. This closes a regulatory gap that has existed since the guardianship
law was reorganized by the Caregiving Act of 12 September 1990 (Federal Law Gazette I
p. 2002).
Nationality or a renunciation of the same for persons who are under parental care or
guardianship, which is only possible on condition that the application is made by the legal
representative and only with the approval of the German guardianship or family court,
has since no longer been applicable to persons being cared for (cf AG Michelstadt,
decision of October 20, 2011 - 31 XVII 259/09 -, with juris para. 10 ff.; Hailbronner in:
Hailbronner/Kau/Gnatzy/Weber, nationality law, 7th edition, para. 1 to § 19 StAG) . Since
1992, a release from German citizenship or a waiver of the same was no longer possible
for Germans who were of legal age and who were under care.
To Number 17 (§§ 27 and 29)
With the abandonment of the principle of avoiding multiple nationalities (compare the
justification for Article 1 number 6 letter a, double letter aa, triple letter ccc), the
regulation on the loss of German citizenship when a German child is adopted by a
foreigner (§ 27) becomes irrelevant. The same applies to the option regulation (Section
29), which determines whether children of foreign parents who acquired German
citizenship by birth in Germany (ius-soli) in accordance with Section 4 (3) and did not grow
up here remain multi-nationals or are subject to the option obligation and who, after
reaching the age of 21, have to decide between German or foreign citizenship. Sections
27 and 29 are therefore repealed.
Two sentences are added to paragraph 1, which specify that and in which case
constellations for the determination of non-existence of German citizenship if the
requirements for a legal loss, which at the same time means the loss of Union citizenship
(Article 20 of the Charter of Fundamental Rights of the European Union) would result in it
being necessary to examine whether the loss is also compatible with the principle of
proportionality.
In the caseTjebbesThe European Court of Justice (ECJ, judgment of March 12, 2019 -
C-221/17 -, at juris) decided that in the event of a loss by operation of law, there must be
the possibility, at least incidentally, of carrying out an individual case-related
proportionality test. This is to ensure that if the status of Union citizen is lost at the same
time, the effects on the person concerned and their family members are sufficiently taken
into account in the context of the proportionality test required under Union law.
However, the European Court of Justice has also expressly considered a subsequent
individual review to be permissible.
In cases of loss of German citizenship that occurs ipso jure, legal protection is granted by
the fact that, pursuant to Section 30 (1), a determination procedure can be used to clarify
on a case-by-case basis whether the prerequisites for a loss of citizenship actually existed
and whether a loss actually occurred.
To ensure that the requirements of the European Court of Justice from theTjebbes-
decision are taken into account, the new sentence 4 of paragraph 1 includes a
supplementary regulation according to which a non-existence of German citizenship can
only be determined if the prerequisites for its legal loss, which would also result in the
loss of Union citizenship, are met if the loss of Union citizenship is proportionate. If the
prerequisites for a legal loss of German citizenship are met, but an associated loss of
Union citizenship would not be proportionate, there is no loss of German citizenship and
Union citizenship
occurred. In this case, the (continued) existence of German citizenship must therefore be
established.
The new sentence 5 of paragraph 1 exempts case constellations from the obligatory
review of proportionality according to sentence 4 in which there was the possibility to file
an application to avert the legal consequences of loss, but this did not take place, or a
corresponding application was made, this but was not complied with.
This applies in particular to the loss of German citizenship due to the acquisition of
foreign citizenship upon application and the loss as a result of the obligation to opt for
continued foreign citizenship, which could be averted in each case by a retention permit
(sections 25 and 29 in the law applicable before this Act came into force). version). It also
relates to the loss of voluntary entry into foreign armed forces, insofar as it can or could
be averted by legally required approval of the Federal Ministry of Defense or the body
designated by it for this entry (§ 28 in the January 2000 applicable version). In these case
constellations, the loss of Union citizenship due to the statutory loss of German
citizenship does not constitute a violation of the principle of proportionality, since a
retention permit or consent aimed at averting the loss could or can be applied for, in the
context of which an individual assessment of the consequences of the loss for the
situation of the person concerned could or can occur. The decision to be made at
discretion enabled or enables a comprehensive examination of the legal status of the
person concerned, taking into account the consequences for a possible loss of Union
citizenship and including the principle of proportionality (compare OVG NW, decision of
April 12, 2022 - 19 B 329/22 -, Rn.
To letter a
Consecutive editorial change due to the change in § 37 (compare justification for Article 1
number 25).
To letter b
With the addition of sentence 4, a clarification is made that sentence 3 applies to the
processing of data relating to persecution measures for the reasons listed in Article 116
paragraph 2 sentence 1 of the Basic Law in the period from January 30, 1933 to January 8,
1933. May 1945 applies accordingly to the procedure for reparation naturalizations under
Section 15.
On number 20 (Section 32b)
There will be a mandatory query in cases of a final conviction for a minor fine according
to §§ 86, 86a, 102, 104, 111, 125, 126, 126a, 130, 140, 166, 185 to 189, 192a, 223, 224, 240,
241, 303, 304 and 306 to 306c of the Penal Code (StGB). In the case of these criminal
offenses specifically named in § 32b, anti-Semitic, racist, xenophobic or other inhuman
motives for committing the offense are not improbable from the outset. The regulation
of Section 32b is intended to help ensure that in future it will be determined even more
reliably whether a conviction has been made for an offense within the meaning of Section
12a (1) sentence 2 that precludes naturalization. In cases of a final conviction based on a
criminal offense not listed in Section 32b, the citizenship authorities are still free to
request the public prosecutor's office to provide any motives. The public prosecutor's
offices are then obliged according to § 32 paragraph 1 sentence 1
to transmit information on motives that exclude naturalization pursuant to Section 12a

subsection 1 sentence 2.
If the information in the naturalization application or the BZR information indicates that a
minor fine has been imposed, the nationality authority must, based on the provision in
Section 12a (1), sentence 2, examine whether there are anti-Semitic, racist, xenophobic or
other inhuman motives within the meaning of § 46 paragraph 2 sentence 2 StGB have
been established in the written reasons for the judgment. In this regard, it is now
determined that if one of the criminal offenses mentioned in Section 32b was committed,
in which fundamentally anti-Semitic, racist, xenophobic or other inhuman motives within
the meaning of Section 46 (2) sentence 2 of the Criminal Code come into consideration
for committing the offence, the nationality authority asks the competent public
prosecutor's office for notification. For proper implementation of the provision in Section
12a (1) sentence 2, the nationality authorities rely on their expert assessment and
appropriate notification. The competent public prosecutor's office checks the written
reasons for the judgment to see whether they contain anti-Semitic, racist, xenophobic or
other inhuman motives or not and informs the requesting nationality authority
immediately.
To Number 21 (§ 33 Paragraph 2)
The deletion in number 1 is a consequential change due to the repeal of the option
regulation of Section 29, which has become irrelevant with the abandonment of the
principle of avoiding multiple nationalities, and the related regulation of the previous
Section 34 on data transmission in option procedures (compare justification on Article 1
numbers 17 and 22).
With the abandonment of the principle of avoiding multiple nationalities and the
associated omission of the option regulation of Section 29 (compare justification for
Article 1 number 6 letter a, double letter aa, triple letter ccc and number 17), the previous
regulation on data transmission in option procedures has become irrelevant raised up.
For legal reasons, the regulation on the ability to act and the obligation to cooperate
previously contained in Section 37 (1) has been moved here and redrafted (compare
justification for Article 1 number 25 letter a).
The deletion in paragraph 1 is a consequential change due to the repeal of the provisions
of the previous §§ 25 and 29, which have become irrelevant with the abandonment of the
principle of avoiding multiple nationality, on the authorization to retain German
citizenship (compare reasoning on Article 1 number 15 and 17).
In previous legal practice, the withdrawal of unlawful retention permits pursuant to

Section 25 Paragraph 2 and Section 29 Paragraph 4, the granting of which was
fraudulent, was of little relevance. In recent years, the number of cases in which an illegal
retention license obtained by fraud has been revoked has been in the low single digits at
best. We will therefore refrain from maintaining the return regulation for any cases of
unlawful retention licenses that may become known and for which it later turns out up to
the end of the ten-year return period that the granting of the license was fraudulent.
Consequential change (compare previous justification for letter a).
To letter c (paragraph 6)
The retrospective loss of German citizenship that occurs when naturalization is revoked is
expressly regulated in the newly added paragraph 6; So far, the loss of citizenship in
these cases has only resulted from the listing as a reason for loss in Section 17 Paragraph
1 Number 7. In the specialist literature, constitutional concerns have been expressed
against the previous provision of Section 35 to the extent that the 2009 with the (1st) Act
insertion into the StAG to amend the Citizenship Act, the citation requirement of Article
19 (1) sentence 2 of the Basic Law had not been observed.
Furthermore, the loss of citizenship in cases of withdrawal of an illegal certificate

according to § 15 paragraph 1 or 2 of the Federal Expellees Act (BVFG) is expressly
regulated. So far, it has only been indirectly concluded from the fact that the persons
named there become German nationals by operation of law in accordance with Section 7
with the issuance of a certificate in accordance with Section 15 (1) or (2) BVFG, that the
withdrawal of an illegal certificate also applies to the past the German citizenship
acquired in this way no longer applies (compare BR-Drs. 196/09, p. 7).
With the express regulation of these facts of loss, the strict requirements of the statutory
reservation for the regulation of the loss of German citizenship according to Article 16
paragraph 1 sentence 2 GG according to the case law of the Federal Constitutional Court as
well as by the regulation in Article 4 the citation requirement of Article 19 paragraph 1
sentence 2 GG taken into account (see justification for Article 4).
Clarifying consequential change. The designation "nationality authority" is now used
consistently in the individual provisions (compare justification for Article 1 number 11
letter a).
Clarifying consequential change (compare previous justification for letter a).
The previous paragraph 1 is repealed and its previous regulation is moved to the newly
drafted § 34 for legal reasons (compare reasoning for Article 1 number 22).
The previous paragraph 2 will become a single paragraph after paragraph 1 has been repealed. The previous
paragraph designation is therefore deleted.
To letter c (new single paragraph)
Clarifying consequential change. The designation "nationality authority" is now used

consistently in the individual provisions (compare justification for Article 1 number 11
letter a).
To Letter a (paragraph 2 sentence 1)
To double letter aa
The repeal of the previous number 3 is a consequential change due to the repeal of
Section 25 and the resulting omission of the retention permit according to paragraph 2
(compare reasoning on Article 1 number 15).
To double letter bb
Consequential change due to the repeal of the previous number 3 (compare previous
justification for double letter aa). The previous numbers 4 and 5 move up and become
numbers 3 and 4.
To double letter aa
Consequential change (compare the following justification for double letters bb and cc).
To double letter bb
The previous content of number 6 is deleted due to the repeal of § 29 and the resulting
omission of the retention permit according to paragraph 4 (compare reasoning for Article
1 number 17) and by adopting the content of the previous number 7, which is also
deleted ( compare the following justification for double letter cc), revised, insofar as this
regulates the exemption from fees for the determination of the existence or non-
existence of German citizenship according to § 30 paragraph 1 sentence 3.
To double letter cc
Consequential change (compare previous justification for double letter bb).
The new version is a consequential change due to the repeal of the provisions on
dismissal (§§ 18, 19, 22, 23 and 24) as well as the statutory loss of German citizenship
according to § 25 and the resulting omission of the retention permit according to it
Paragraph 2 (compare justification for Article 1 numbers 13, 14 and 15), which takes into
account the associated omission of the certificate of dismissal and the retention permit.
To Number 28 (§§ 40a and 40b)
The naturalization regulations of §§ 40b and 40c have become irrelevant due to the
passage of time. They are therefore repealed (compare justification for Article 1 number
1).
Consecutive editorial change due to the change in § 37 (compare justification for Article 1
number 25).
To Article 2 (Further Amendment of Citizenship Law)
Consequential change (compare the following justification for number 2).
To Number 2 (§ 37)
The procedure for the security check according to § 37 paragraph 2 is still largely analogous and carried out by the federal states using different
transmission channels. In order to improve and speed up the process, a uniform and exclusively digital participation procedure is to be introduced, which is
closely based on the established SBH procedure (SBH = security authorities and intelligence services of the federal and state governments) according to
Section 73 Paragraph 2 and Paragraph 3 Clause 1 AufenthG. The aim is to optimize the procedure for the security check of foreigners in citizenship
procedures. This serves to speed up the process and ensures that the naturalization process can be completed promptly by answering the security question
if all the naturalization requirements are met. It can also be determined more quickly that there is no reason for exclusion against the acquisition of a
declaration pursuant to Section 5. The exchange of data between the citizenship authorities and security authorities as well as intelligence services is to be
handled in future via the Federal Office of Administration, which has extensive experience and technical applications in comparable participation processes.
The existing infrastructure of the Federal Office of Administration is to be used for the necessary electronic communication platform in the procedure
according to Section 73 (2) and (3) sentence 1 of the Residence Act. The exchange of data between the citizenship authorities and security authorities as well
as intelligence services is to be handled in future via the Federal Office of Administration, which has extensive experience and technical applications in
comparable participation processes. The existing infrastructure of the Federal Office of Administration is to be used for the necessary electronic
communication platform in the procedure according to Section 73 (2) and (3) sentence 1 of the Residence Act. The exchange of data between the citizenship
authorities and security authorities as well as intelligence services is to be handled in future via the Federal Office of Administration, which has extensive
experience and technical applications in comparable participation processes. The existing infrastructure of the Federal Office of Administration is to be used
for the necessary electronic communication platform in the procedure according to Section 73 (2) and (3) sentence 1 of the Residence Act.
The security query is intended to ensure that there are no reasons for exclusion under Section
11 or unlawful acts committed abroad within the meaning of Section 12 of the Criminal Code
(StGB). The security query is expanded to include information on criminal offenses committed
abroad because foreign convictions for penalties in the context of naturalization and the
acquisition of a declaration (compare Section 12a paragraph 2, Section 5 paragraph 1
sentence 2) must also be taken into account, but not by querying the Federal central register
can be determined.
As with the procedure under Section 73 (2) and (3) sentence 1 of the Residence Act and also with
the procedure under Section 28 BVFG, the Federal Intelligence Service, the military counter-
intelligence service, the Federal Police, the Federal Criminal Police Office and the Customs Criminal
Police Office are to be involved in addition to the previous involvement of the authorities for the
protection of the Constitution. This is the only way to ensure that the entire security-related
knowledge of the security authorities is available, as is also mandatory before an unlimited right of
residence is established through the granting of a settlement permit (compare Section 2
Paragraph 1 of the General Administrative Regulation on Section 73 Paragraphs 2 and 3 Clause 1
of the Residence Act). and intelligence services is taken into account when deciding on applications
for naturalization and when obtaining a declaration in accordance with Section 5. The foreign
knowledge that has so far been lacking is of particular relevance for the Federal Office of
Administration as the nationality authority that is responsible for all procedures in which the
applicant has his habitual residence abroad. The inclusion of security findings from abroad is also
necessary because an increasing number of applicants come from crisis regions and it must be
ruled out that people with a terrorist or Islamist background are accepted into the German state
association.
By involving the Federal Office of Administration as a communication node, the security

query is to be automated and accelerated
Citizenship authorities select the necessary personal data of naturalization applicants

from their local database and transmit this electronically to the Federal Office of
Administration. The existing IT infrastructure can be added there. In addition to an
exchange via a service gateway (SGW) to connect relevant specialist procedures, access
via web browser (BVA register portal) is also possible. It is also possible to connect to the
BVA system via OSiP (online security check) via the BVA interface. After transmission to
the Federal Office of Administration, the personal data are forwarded to the security
authorities and intelligence services, where they are further processed and forwarded via
their own police and intelligence portals and central offices.
In paragraph 2, the standard response period for the security authorities and intelligence
services is set at three weeks. By the end of the three weeks, the security authorities and
intelligence services involved must inform the Federal Office of Administration whether
they have any information on reasons for exclusion or on illegal acts committed abroad
within the meaning of Section 12 of the Criminal Code; the Federal Office of
Administration forwards this immediately to the nationality authority requesting
information. If further verification by one or more of the security authorities and
intelligence services involved is required, the verification should be completed within four
weeks of receipt of the applicant's personal data; however, it lasts until existing safety
concerns have been fully clarified.
To Number 3 (§ 41)
Due to its expanded new version (compare previous justification for number 2), Section
37 has been removed from the list of the regulations of the administrative procedure of
the federal states, from which state law may not deviate. The federal states can therefore
use state law to determine reasons for exclusion under Section 11 and to determine
illegal acts committed abroad within the meaning of Section 12 of the Criminal Code,
insofar as they do not wish to join the uniform digital participation procedure provided
for in Section 37.
To Article 3 (consequential changes)
To Paragraph 1 (Passport Act - Passport Act)
To Number 1 (Section 5 paragraph 5)
The repeal of paragraph 5 is a consequential change due to the repeal of the option provision
of Section 29 StAG (compare reasoning for Article 1 number 17). With the abolition of the
option obligation, the reason for the previous limitation of the validity period of passports for
those subject to the option no longer applies.
To Number 2 (§ 15)
To letter a
Consequential change (compare the following justification for letter b).
To letter b
This is a consequential change due to the repeal of Section 25 StAG relating to the
statutory loss of German citizenship when acquiring a foreign nationality and Section 27
StAG relating to the loss of German citizenship when a German child is adopted by a
foreigner (compare justification to Article 1 number 15 and 17). The reason for the
obligation to report the acquisition of a foreign citizenship is no longer applicable. The
content of number 4 is therefore deleted, the previous number 5 moves up and becomes
the new number 4.
To letter c
Consequential change (compare previous justification for letter b).
To letter a
To letter b
The repeal of number 16 is a consequential change due to the repeal of the option regulation
of Section 29 StAG (compare reasoning on Article 1 number 17). With the abolition of the
option obligation, the reason for the inclusion of information on the ID card holder's
obligation to declare according to § 29 StAG in the passport register no longer applies.
To number 4
Consequential change due to the change in § 15 (compare previous justification for

number 2).
To Paragraph 2 (Personal Identity Card Act - PAuswG)
To Number 1 (Section 6 paragraph 6)
The repeal of paragraph 6 is a consequential change due to the repeal of the option
provision of Section 29 StAG (compare reasoning on Article 1 number 17). With the
abolition of the option obligation, the reason for the previous limitation of the validity
period of identity cards for those subject to the option no longer applies.
The repeal of number 16 is a consequential change due to the repeal of the option regulation
of Section 29 StAG (compare reasoning on Article 1 number 17). With the abolition of the
option obligation, the reason for the inclusion of information on the ID card holder's
obligation to declare according to § 29 StAG in the passport register no longer applies.
To letter a
To letter b
This is a consequential change due to the repeal of Section 25 StAG relating to the
statutory loss of German citizenship when acquiring a foreign nationality and Section 27
StAG relating to the loss of German citizenship when a German child is adopted by a
foreigner (compare justification to Article 1 number 15 and 17). The reason for the
obligation to report the acquisition of a foreign citizenship is no longer applicable. The
content of number 4 is therefore deleted, the previous number 5 moves up and becomes
the new number 4.
To letter c
Consequential change (compare previous justification for letter b).

Consequential change due to the change in § 27 paragraph 1 (compare previous reason

for number 3).
To Paragraph 3 (Federal Registration Act - BMG)
To Number 1 (§ 3 paragraph 2)
The repeal of number 5 is a consequential change due to the repeal of the option
regulation of § 29 StAG (compare reasoning on Article 1 number 17). With the elimination
of the option obligation, the reason for its entry no longer applies.
To Number 2 (§ 13)
Consequential change due to the change in § 3 paragraph 2 (compare previous

justification to number 1).
Consequential change due to the change in § 3 paragraph 2 (compare previous reason

for number 1) and the cancellation of the option regulation of § 29 StAG (compare reason
for Article 1 number 17).



To Number 6 (§ 34a Paragraph 1)

To Paragraph 4 (First Federal Registration Data Transmission Ordinance - 1. BMeldDÜV)
This is a consequential change due to the change in § 3 paragraph 2 BMG (compare

justification to Article 3 paragraph 3 number 1).
To Paragraph 5 (Second Federal Registration Data Transmission Ordinance - 2nd BMeldDÜV)
To Number 1 (§ 1)
Consequential change (compare the following justification for number 2).

Consequential change (compare the following justification for number 2) with correction of the
information.
To Number 2 (§ 10)
This is a consequential change due to the regulation on the transmission of data in option
procedures to the Federal Office of Administration, which has become irrelevant as a result of
the cancellation of the option procedure in § 34 StAG, which is reworded with a different
regulation (compare justification for Article 1 number 22).
To Paragraph 6 (Federal Registration Data Retrieval Ordinance - BMeldDAV)

To Paragraph 7 (Federal Registration Data Digitization Ordinance - BMeldDigiV)

To Paragraph 8 (Personal Status Ordinance - PStV)
This is a consequential change due to the change in § 4 Paragraph 3 Sentence 1 Number

1 StAG, in which the duration of the lawful habitual residence of a parent in Germany
required for the acquisition of German citizenship of a child of foreign parents by birth in
Germany is eight is shortened to five years (compare justification for Article 1 number 2),
which is adopted in sentence 1.
To Number 2 (Annex 12)
Consequential change (compare previous justification for number 1).
To Article 4 (restriction of a fundamental right)
Article 1 numbers 12, 16 and 23 contain provisions on the loss of German citizenship and
thus restrict the fundamental right to continued German citizenship under Article 16
paragraph 1 sentence 2 GG (compare reasoning on Article 1 numbers 12, 16 and 23). On
the basis of Article 19 Paragraph 1 Clause 2 of the Basic Law, the restricted fundamental
right must be named.
To Article 5 (publication permission)
Due to numerous changes due to earlier amending laws, a new publication of the StAG is
expedient.
To Article 6 (Come into effect)
Paragraph 1 regulates the entry into force of the law with the exception of Article 1 number
14 and Article 2. Paragraph 2 regulates the entry into force of Article 1 number 14, with which
§ 24 StAG is repealed, which takes place one year after the general entry into force of the law
(see reasoning to Article 1 number 14). Paragraph 3 regulates the entry into force of Article 2,
which depends on when the technical requirements for the data transmission according to §
37 StAG in the version of number 2 of this article are in place. The
The date of entry into force will be announced by the Federal Ministry of the Interior and
Homeland in the Federal Law Gazette (compare justification to Article 2 Number 2).

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Processing status: 19.05.2023 10:22

Draft law modernizing nationality law

A. Problem and goal

In recognition of their lifetime achievements, naturalization is made easier for members

D. Non-compliance budget expenditures

E.1 Compliance costs for citizens

E.2 Compliance costs for business

E.3 Administrative compliance costs

Draft by the Federal Ministry of the Interior and Homeland

Draft law to modernize the citizenship system

From the ...

The Bundestag passed the following law:

Amendment of the Citizenship Act

1. In Section 3 Paragraph 1 Number 5, the entry "40b and 40c" is deleted.

3. Section 5 paragraph 1 is amended as follows:

b) Sentence 2 is worded as follows:

4. Section 8 paragraph 1 is amended as follows:

b) In number 3, the comma at the end is replaced by the word"and"replaced.

d) The part of the sentence after number 4 is deleted.

a) Paragraph 1 is amended as follows:

aa) Sentence 1 is amended as follows:

“This requirement is waived if the foreigner

a) on the basis of an agreement on the recruitment and placement of

b) is employed full-time and has been employed for at least 20 months

c) lives as a spouse or registered life partner with an employed

ccc) Number 4 is cancelled.

ddd) In number 6, the comma at the end is replaced by the word"and"replaced.

fff) The part of the sentence after number 7 is deleted.

bb) Sentence 2 is worded as follows:

cc) The following sentence is added:

"Anti-Semitic, racist, xenophobic or other inhumanely motivated actions are

b) In paragraph 2, the word “eight” is replaced by the word"five"replaced.

c) Paragraph 3 is worded as follows:

1. proves special integration achievements, in particular particularly good

3. meets the requirements of a level C 1 language test of the Common

e) The following sentence is added to paragraph 4:

"For a foreigner who, on the basis of an agreement on the recruitment and

f) After paragraph 4, the following paragraph 4a is inserted:

"(4a) In order to avoid undue hardship, the requirement of subsection 1

g) The following sentence is added to paragraph 6:

"The requirement of paragraph 1 sentence 1 number 7 is also waived in the

7. Section 11 sentence 1 is amended as follows:

a) In number 1, the word “or” at the end is deleted.

b) In number 2, the point at the end is replaced by the word"or"replaced.

c) The following number 3 is added:

"3. the foreigner

a) is married to several spouses at the same time or

9. Section 12b is amended as follows:

a) The following sentence is added to paragraph 1:

"Contrary to sentences 1 to 4, the habitual residence in Germany usually no

b) In paragraph 2, the word "five" is replaced by the word"three"replaced.

11. Section 16 is amended as follows:

a) In sentence 1, the word "administrative authority" is replaced by the word"Citizenship

b) the following sentence is added:

"The certificate of naturalization should be handed over at a public naturalization

12. Article 17 is worded as follows:

(1) German citizenship is lost

2. by joining the armed forces or a comparable armed unit of a foreign state or by