The old law, which required renouncing other citizenships to acquire German citizenship in the Federal Republic of Germany, has been replaced by a new one. This law, known as the Citizenship Law Modernization Act, came into effect on June 27, 2024. From this date, it became possible to hold multiple citizenships, including German citizenship. Citizens will no longer be required to choose between German citizenship and another nationality. With the new law, the conditions for foreign residents in Germany to acquire citizenship have been eased. Immigrants who meet the necessary requirements can now hold multiple citizenships.
What is the New Residence Requirement for Acquiring German Citizenship?
One of the most important factors in acquiring German citizenship is the residence requirement. Previously, it was necessary to have lived legally in Germany for 8 years in order to acquire citizenship. With the new law, this period has been reduced to 5 years.
What is the new residence period for those who successfully complete the social integration process?
The requirement of residing legally in Germany for 5 years to apply for citizenship is reduced to 3 years for those who demonstrate outstanding success in the social integration process. Those who believe they have succeeded in the integration process can apply for citizenship after completing 3 years. Understanding the job market and education system in Germany is important for success in the integration process. In particular, strong academic, professional, or vocational achievements, civil participation, and meeting the requirements of a language exam at the C1 level of the Common European Framework of Reference for Languages are crucial for the success of the integration process.
Can a child born in Germany to foreign parents acquire German citizenship?
With the legal amendment, children born in Germany to foreign parents will now be able to acquire German citizenship directly. Previously, to benefit from this right, one of the foreign parents had to have resided regularly in Germany for more than 8 years and hold permanent residency. However, with the new regulation, this period has been reduced to more than 5 years of regular residence in Germany and having permanent residency.
What Are the General Requirements for Applying for German Citizenship?
The requirements for the application conditions are as follows:
- Applicants for citizenship are expected to show “commitment to the democratic fundamental order of the German Constitution.”
- It is required to pledge respect for freedom of religion, sexual orientations, and women’s rights.
- Those who have not completed secondary or higher education in Germany must take the “Einbürgerungstest” (“Naturalization Test”).
- The applicant must not have any criminal convictions in their criminal record.
- It is also necessary to prove B1 level proficiency in both written and spoken German.
- The applicant must not be receiving any social assistance and must be financially self-sufficient.
What Are the New Amendments to the Naturalization Requirements?
In addition to the shortened residency period, the new regulations also include changes to the naturalization requirements.
- According to Article 10, Paragraph 1, Sentence No. 1a of the German Citizenship Law, applicants for naturalization must acknowledge Germany’s special historical responsibility, particularly regarding the protection of Jewish life.
- Regarding language requirements, full proficiency in German is no longer required, as was the case in the previous law. Article 10, Paragraph 1, Sentence No. 6 states that having sufficient knowledge of the German language is considered adequate.
- Additionally, the restriction on receiving social benefits as a barrier to naturalization has been revised. Article 10, Paragraph 1, Sentence No. 3 now states that being able to support oneself and their dependent family members without requesting assistance is sufficient for naturalization.
What Are the New Regulations Regarding the Loss of German Citizenship?
With the new law, regulations regarding the loss of German citizenship have also been introduced. The reasons for loss are specified in Article 17, Paragraph 1 of the law as follows:
- Disclaimer
- Joining foreign armed forces or a terrorist organization abroad
- Revocation of an unlawful administrative act
Additionally, Article 17, Paragraph 2 states that children may retroactively lose their German citizenship if the conditions for acquiring German citizenship are no longer met.
HOW TO REAPPLY FOR TURKISH CITIZENSHIP?
How Can Turkish Citizens Who Chose German Citizenship Reacquire Turkish Citizenship?
According to Germany’s previous law, a person had to renounce their other citizenship in order to acquire German citizenship. However, with the new law, this requirement has been abolished, paving the way for dual citizenship. Those who previously renounced their Turkish citizenship by choosing German citizenship can now reacquire Turkish citizenship without losing their German citizenship. To do so, they must fulfill the application requirements outlined in the Turkish Citizenship Law.
Article 13 of the Turkish Citizenship Law No. 5901 regulates the reacquisition of Turkish citizenship without the requirement of residence, while Article 14 regulates the reacquisition of Turkish citizenship subject to a residence requirement.
“Reacquisition of Turkish Citizenship Without the Residence Requirement
ARTICLE 13 – (1) Provided that there is no condition that would constitute an obstacle to national security, the following persons may reacquire Turkish citizenship by a decision of the Ministry, regardless of their period of residence in Turkey:
a) Those who lost Turkish citizenship by obtaining an exit permit.
b) Those who lost Turkish citizenship by virtue of being dependent on their mother or father and did not exercise their right of election within the period specified in Article 21.”
“Reacquisition of Turkish Citizenship Based on the Residence Requirement
ARTICLE 14 – (1) Those who lost Turkish citizenship under Article 29 may reacquire Turkish citizenship by a decision of the President, and those who lost Turkish citizenship under Article 34 may reacquire Turkish citizenship by a decision of the Ministry, provided that there is no condition that would constitute an obstacle to national security and that they have resided in Turkey for three years.
Other foreign nationals wishing to reacquire Turkish citizenship either with or without the residence requirement may submit their application by gathering the necessary documents. In order to apply, all the documents requested by the Directorate of Population and Citizenship Affairs must be provided in complete form.”
“Can Those Who Have Renounced Turkish Citizenship by Applying for Permission Reapply for Turkish Citizenship?”
Those who have renounced Turkish citizenship by applying for permission can also regain citizenship. These individuals can reapply for Turkish citizenship as long as they do not pose a national security threat. Applications for regaining citizenship are made to the highest local administrative authority in the applicant’s place of residence. Abroad, applications are made through the Turkish Republic’s diplomatic missions (Turkish consulates or embassies). This application can be finalized by the Ministry’s decision without the requirement of residence in Turkey. Seeking legal assistance during this process can contribute to the smooth progress of the application.
Can Those Who Renounce Turkish Citizenship Without Applying for Permission Reapply for Turkish Citizenship?
According to Article 25 of the repealed Turkish Citizenship Law No. 403, individuals who acquired the citizenship of another country without permission lost their Turkish citizenship by a decision of the Council of Ministers. Those who lost their Turkish citizenship in this way can also apply to regain Turkish citizenship.
What is the Procedure for Blue Card Holders to Apply for Turkish Citizenship After the New Law Comes into Effect?
With the implementation of the new German Citizenship Law, blue card holders wishing to apply for Turkish citizenship can now make their initial application through the online system. This digital process speeds up the first step of the application, but the required physical documents must still be submitted to the relevant authorities. The progress of the application can easily be tracked through the e-government system. This way, applicants can easily monitor the status of their process.
How to Apply for Turkish Citizenship for Minor Children?
If minor children are registered in the family registry, they are required to proceed with their application together with their mother and father. In some cases, additional documents such as a birth certificate, birth notification form, consent letter, or custody decision may be requested. If these documents are in a foreign language, they must be notarized and translated. As a general rule, if either parent, or both, apply, the minor children will also be processed with them. It is important for the documents to be prepared accurately and completely to ensure a smooth application process.
What Documents Are Required for a Turkish Citizenship Application?
The documents required from individuals applying for Turkish citizenship reacquisition may vary depending on factors such as the applicant’s marital status before and after losing citizenship, the presence of children, passport information, and identity card details. Additionally, some of these documents, especially those obtained from foreign countries, may need to be notarized and translated. It is important that these documents are properly prepared to ensure the application process proceeds smoothly. Seeking legal advice can help speed up and facilitate the application process.
Lawyer Duygu OKUNAKOL & Lawyer Gökhan AKGÜL
How Can Citizenship Applications Be Made in the Fastest and Smoothest Way?
Citizenship applications can be made through a power of attorney. Carrying out these procedures with the assistance of a lawyer specialized in citizenship law or seeking consultancy can help the process proceed faster and more smoothly. Professional support prevents potential legal obstacles and optimizes the application process. Lawyers provide expertise in preparing the required documents and ensuring that legal procedures are fully followed, increasing the chances of a successful application. This approach ensures legal security while offering the opportunity to interpret the complex regulations in the citizenship process correctly.
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