Germany
Citizenship
Approximately 9% of the population living on the territory of Germany (mostly migrant workers, but also political refugees) do not have German citizenship, despite the fact that many have spent all or most of their lives in the country and are likely to remain. In 1991 and 1993 the German authorities amended the nationality law allowing for a possibility for certain categories of non-German immigrants to be naturalised upon request. These changes, however, resulted in only a slight increase in naturalisation applications. The new coalition government which came to power in autumn of 1998 promised further reform of the 1913 nationality law and, accordingly, in July 1999 passed an Act to Amend the Nationality Law, which became effective on 1 January 2000.
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This Act has simplifyed the acquisition of nationality by long-term residents. The period of residence required for a foreign national adult to be entitled to naturalisation has been reduced from fifteen years to eight years. Furthermore this entitlement to naturalisation may be extended to spouses and minors even if they have not lived in Germany for eight years. The new Act provides the right for children born in Germany to acquire German nationality as of right, "if one parent has had his or her habitual residence in Germany for eight years and has had a residence permit for three years or has the right of unlimited residence."
With respect to the acquisition of dual nationality, non-nationals wishing to acquire German nationality, apart from certain exceptions, continue to be obliged to renounce their former nationality. Those children now entitled to German nationality at birth and who will have thereby acquired two nationalities, will have to opt for one of the two nationalities before the age of twenty three.
German Nationality Law specifies a number of requirements that all individuals applying for naturalisation must meet. These include sufficient knowledge of the German language, a commitment to the Basic Law, a clean criminal record and the ability to provide for maintenance (claiming social welfare does not prevent naturalisation as long as the situation is beyond the claimant's control).
Source
: ECRI - Second Report on Germany adoped on 15 December 2000 and made public on 3 July 2001 - CRI (2001) 36.
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