Citizenship Reform and Germany's Foreign Residents

Excerpts from an article on the website of germanyinfo.org at

http://www.germany-info.org/relaunch/info/archives/background/citizenship.html

Major changes in Germany's citizenship and naturalization laws took effect on January 1, 2000. Germany is now home to 7.3 million foreigners. Half of Germany's foreign residents have lived in the country for upwards of ten years, and each year roughly 100,000 children are born in Germany to non-citizens. More than 1.6 million foreign nationals were born in Germany; roughly two-thirds of the foreigners under the age of 18 now living in Germany were born there. A substantial minority of Germany's foreign residents are refugees from military conflict or political persecution; in 1997, the most recent year for which comprehensive figures are available, 1.4 million refugees and asylum-seekers were living in Germany. The revisions in the citizenship and naturalization laws make it easier for long-term residents to qualify for German citizenship and give many children born to foreigners an automatic claim to German citizenship.

The New Laws on Citizenship

There are three ways to become a citizen of the Federal Republic of Germany: by birth, by naturalization and, for ethnic Germans from Eastern Europe and the Soviet successor states, by claim under the "Right of Return." The most important change in Germany's citizenship law is that the principle of jus sanguinis - of defining citizenship by inheritance - has been supplemented with the principle of the jus soli ("right of soil") - of defining citizenship by place of birth.

A child becomes a German citizen automatically upon birth if at least one parent is a German citizen. [...] A child adopted by a German citizen becomes a German if the child is under 18. [...]

As of January 1, 2000, children born in Germany to foreign parents acquire German citizenship at birth if at least one parent has lived legally in Germany for a minimum of eight years. Children who acquire German citizenship under this provision will be allowed to hold dual citizenship until they reach adulthood; they will be required to choose between their German and foreign citizenship by the age of 23 at the latest. Children born to foreign parents before the enactment of the new law who are under the age of ten will also be able to claim German citizenship by virtue of birth in Germany, if the above named conditions (time of legal residence) apply. That claim must be exercised within a year of the new law's promulgation,
and those who obtain German citizenship in this way will also be required to choose between their German and foreign citizenship by the age of 23.

The main change in the new regulations governing naturalization is a substantial reduction in the length of residency requirement. Adult foreigners who have resided legally in Germany for eight years have a claim to citizenship if they:
- give up their previous citizenship;
- have not been convicted of a major felony;
- are able to support themselves and their family; if the individual becomes dependent upon public assistance for reasons beyond their control, this condition is waived.
In addition, applicants for German citizenship will be required to demonstrate proficiency in the German language and declare their allegiance to the Basic Law (Grundgesetz), the Federal Republic's constitution.

Foreign "Guest Workers"

Many of Germany's long-term foreign residents came to the country as "guest workers" (Gastarbeiter) or are family members of guest workers. Faced with a labor shortage, the Federal Republic of Germany actively recruited foreign workers in the boom years between 1955 and 1968 from Italy, Spain, Greece, Morocco, Portugal, Tunisia, Yugoslavia, and, above all, Turkey. By 1970, West Germany was host to 2.7 million "guest workers" (63% male, 37% female). The government of the former German Democratic Republic also recruited foreign workers, but in much smaller numbers.
Contrary to expectation, many guest workers remained in West Germany after it stopped taking in new guest workers in 1973. Many established families in Germany or brought family members from abroad to join them. [...] The children of the first "guest worker generation" and the children born to them speak German fluently and are often much more firmly anchored in German culture than that of their country of origin.