Can the German dual citizenship law be reversed? 

Author: Cyrus Robiro, Managing Director, Migratunity Consulting 

The recent developments in Germany, particularly the firing of Finance Minister Christian Lindner by Chancellor Olaf Scholz and the potential shift in government after the 2025 elections, have indeed raised questions about the future of the country’s citizenship laws. The uncertainty around the future of dual citizenship is a particularly pressing issue for non-citizen residents, as the political landscape looks set to shift in the direction of the conservative CDU/CSU, who have historically opposed dual citizenship.

Here's a breakdown of the current situation and what it means for residents and potential new citizens in Germany:

1. Current Citizenship Laws (as of 2024)

Under the existing German Citizenship Act (Staatsangehörigkeitsgesetz), significant reforms were passed by the Scholz government, which have expanded access to German citizenship:

  • Dual citizenship is now permitted, meaning that people can hold both German citizenship and the citizenship of another country.
  • The minimum residency requirement to apply for German citizenship has been reduced from eight years to five years.
  • Under special conditions, it’s possible to acquire citizenship after only three years of residency (e.g., for people who are particularly well-integrated into German society).

These reforms were passed due to the strong support from the ruling coalition, which had a majority in the Bundestag at the time. The goal was to make Germany's citizenship laws more inclusive and aligned with the realities of a globalized, multicultural society.

2. Potential Change in Government

The CDU/CSU, historically opposed to dual citizenship, is expected to win the next election in early 2025. Several key figures from these parties, such as Andrea Lindholz, have already signaled their intent to "revisit" the recent reforms, especially the allowance for dual citizenship.

However, while the CDU/CSU is predicted to win, it is likely they will not have an outright majority. This means they would need to form a coalition with one or more other parties to govern. Given that the parties supporting the current citizenship reforms (e.g., SPD, Green Party, FDP) are unlikely to agree to a complete rollback of the changes, the future of the law will likely be subject to negotiation.

Key Possibilities:

  • Revised, not Reversed: The CDU/CSU might try to scale back or modify certain aspects of the law, such as limiting dual citizenship or increasing the residency requirements again. However, any significant change would likely be moderated by coalition negotiations, particularly with the parties that supported the reforms in the first place.
  • Gradual Phase-Out: Another scenario could involve a phased-in approach to change, where the government might impose stricter conditions on acquiring citizenship over time, but not immediately affect those who have already acquired or regained German citizenship under the new rules.

3. What Does This Mean for Non-Citizen Residents?

  • For Those Who Have Already Acquired Citizenship: If you have already obtained German citizenship or regained your original citizenship under the current rules, it is highly unlikely that these changes will affect you. Legal rights are usually not retroactive, and there is typically a grandfather clause that protects people who have already been granted citizenship.
  • For Those Who Are Still in the Process: If you are in the process of applying for citizenship, the outcome will depend on the timing of the political changes and whether the CDU/CSU and their potential coalition partners introduce any modifications to the law after they take office. If you're close to meeting the residency requirements (e.g., five years), there is a chance you could benefit from the existing rules before any changes occur.
  • For Future Applicants: For people who plan to apply for German citizenship after the 2025 elections, there is a greater degree of uncertainty. Depending on how the next government chooses to amend the laws, it may become more difficult to qualify for citizenship or hold dual citizenship. However, since the CDU/CSU would likely have to compromise with other parties in any coalition, sweeping changes might not be immediate or drastic.

4. Conclusion

The upcoming elections in Germany will likely lead to some changes in the country's citizenship laws, but these changes may not be as severe as some anticipate. While the CDU/CSU has expressed their opposition to dual citizenship, any significant alterations to the law will require coalition negotiations. For those who have already secured citizenship under the new rules, there should be little to worry about. However, for those in the process or planning to apply in the future, it’s wise to stay updated on political developments, as the outcome of the elections and coalition talks will likely influence the final shape of the citizenship laws.

Studying, working and living in Germany

Studying, working, and living in Germany as a Kenyan can be a rewarding yet challenging experience. Germany is known for its high-quality education system, strong economy, and diverse cultural environment, making it an attractive destination for international students and professionals. However, like any country, it also comes with its own set of challenges, particularly for immigrants from countries like Kenya.

Cyrus Robiro, our Managing Director, shared some personal insights on this during his interview with KTN’s Persil Telewa on the Globe Traktion show. 

Migratunity at the German-Kenyan Job Fair in Nairobi

In September, the German and Kenyan governments signed the Comprehensive Migration and Mobility Partnership Agreement which mainly aims to create pathways for Kenyans to work and train in Germany.

In the lead-up to the signing, we provided our expertise on studying, working and living in Germany at several events including at a meeting on the sidelines of the 5th edition of the Annual Kenyan Women In Germany e.V. in Germany (KWIG) event in Mainz and a panel discussion in Berlin. The events which were organised by the Kenyan State Department for Diaspora Affairs | Kenya focused on labour migration and how Kenyans can benefit from this agreement. We were honored that Migratunity Consulting was invited to contribute to this vital discussion.

Following the signing of the agreement on 13th September attended by the Kenyan President Dr. William Ruto and German Chancellor Olaf Scholz, Migratunity Consulting had the privilege of participating in a Labour Mobility roundtable consultation hosted by Kenyan President Dr. William Ruto in Berlin. Notable attendees included Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs Musalia Mudavadi, former Prime Minister and AU Commission Chairperson candidate Rt. Hon. Raila Odinga, EGH, Labour Cabinet Secretary Dr. Alfred Mutua, Principal Secretary for Diaspora Affairs Roseline Kathure Njogu and the Kenyan Ambassador to Germany Amb. Stella - Mokaya Orina

A highlight for us was the successful Kenya-German Job Fair in Nairobi organised by the Delegation of German Industry and Commerce for Eastern Africa (AHK Eastern Africa) Goethe-Institut Nairobi and the GIZ Kenya. We had the opportunity to engage with many ambitious young Kenyans seeking opportunities in Germany and were pleased to host both the Kenyan Cabinet Secretary for Labour and the German Ambassador to Kenya at our stand. Our Managing Director Cyrus Robiro, also participated in a panel discussion at the fair addressing crucial aspects of the agreement, particularly from the perspective of the Kenyan diaspora in Germany.

We look forward to continuing our involvement in the ongoing conversations that will bring this agreement to life and support Kenyans in their pursuit of opportunities in Germany.

Interview with tuko.co.ke: Opportunity Card

 

Foreigners who apply for the Opportunity Card, aka Chancekarte, to Germany, can stay in the country for one year looking for a job One can apply for the Opportunity Card at the corresponding Germany Embassy as long they at least have vocational training or a university degree In an interview with TUKO.co.ke, a German immigration expert from Kenya, identified as Cyrus Robiro, said that applicants will also have to prove that they have KSh 1.7 million in the bank. Read more 

 

 

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