Future prospects: How will the Left Party's election victory change the State Office for Immigration?

Since the change of government at the federal level, German immigration law has primarily moved in one direction: tightening. The federal government under Friedrich Merz and Interior Minister Alexander Dobrindt abolished the so-called turbo naturalization after three years and the Family reunification for those granted subsidiary protection has been suspended. The government has also become stricter towards immigrants in many other areas. This has led to increased international attention. Skilled workers , expats and their Families in Berlin are now wondering what's happening at the Red City Hall. The Left Party, with its lead candidate Elif Eralp, won the election to the House of Representatives on September 20, 2026. In its election program, it demands that the Naturalization should be possible regardless of income and without "degrading" naturalization and language tests. But what can a state government actually change? And what does that mean specifically for everyone who has just submitted an application? The State Office for Immigration is planning or has already submitted an application?

Why is Berlin so important for migration policy?

No other German city has a higher population of people without German language skills. Passport as in Berlin. That The State Office for Immigration ( LEA ) is the largest The immigration office of Germany. Since the beginning of 2024, it has also housed the Naturalization is now centrally managed; previously, it was handled by the districts. In 2025, around 39,000 people in Berlin alone received German citizenship. Citizenship ; nationwide, there were more than 300,000. In addition, Berlin, with its start-ups, tech industry, science, Art and culture attract many highly qualified immigrants. Therefore, what happens in Berlin's administrative practice affects a large proportion of all immigration cases in Germany. Berlin has always been comparatively progressive in its dealings with foreigners. Under a left-leaning state government, this is likely to intensify significantly.

Can a German state abolish language tests and naturalization tests?

In short: no, at least not on paper. The Nationality Act (StAG) is federal law, and Section 10 of the German Nationality Act (StAG ) definitively establishes the requirements for naturalization by entitlement. These generally include five years of lawful habitual residence and a suitable residence permit. The applicant must be able to support themselves without relying on citizen's income or social assistance ( Section 10, Paragraph 1, Sentence 1, No. 3 StAG ). Furthermore, the law requires sufficient German language skills ( Section 10, Paragraph 1, Sentence 1, No. 6 StAG ) and knowledge of the legal and social system ( Section 10, Paragraph 1, Sentence 1, No. 7 StAG ). Sufficient German language skills are defined according to... Section 10 Paragraph 4 of the Nationality Act (StAG) applies from level B1 onwards. Civic knowledge is assessed according to... Section 10, paragraph 5 of the Nationality Act (StAG) generally requires proof of citizenship by passing the naturalization test. A Senate decision cannot override these requirements.

After Article 83 of the Basic Law (GG) stipulates that the federal states implement federal law. They determine how language proficiency is assessed, what evidence is sufficient, and how leniently they grant exceptions. Even today, there are significant differences. In Mecklenburg-Western Pomerania, Lower Saxony, and Baden-Württemberg, language skills are sometimes tested in person. In Hamburg and Brandenburg, the process is almost entirely digital. Rhineland-Palatinate even allows for in-person testing in exceptional cases. Naturalizations are granted without a language certificate if German language skills are demonstrated in a personal interview with the authorities. Despite public criticism, the state has so far adhered to this practice.

Where do the Berlin authorities actually have room for maneuver?

The law itself is more flexible than many believe. After According to Section 10 Paragraph 6 of the Nationality Act (StAG), the authorities waive the language and test requirements if someone cannot provide them due to illness, disability, or age. For the generation of guest workers and contract workers, oral German language skills have been sufficient since 2024, and the test is no longer required. Regarding the means of subsistence, Section 10, paragraph 1, sentence 1, number 3 of the German Nationality Act (StAG) provides for exceptions, for example, for persons who have worked full-time for 20 of the last 24 months. In addition to naturalization by entitlement, there is also discretionary naturalization according to... Section 8 of the Nationality Act (StAG ). There, the authority can... § 8 Abs. 2 StAG im öffentlichen Interesse oder zur Vermeidung einer besonderen Härte auf einzelne Voraussetzungen verzichten. Wie weit diese Begriffe ausgelegt werden, ist eine politische Frage. Gesteuert wird sie über Weisungen der Senatsverwaltung für Inneres und Sport.

Immigration law expert Daniel Thym has pointed to a structural problem. If the authorities refuse a In the case of naturalization , the person concerned can file a lawsuit. If, however, the authorities interpret the law generously in favor of an applicant, this usually has no consequences because no one files a lawsuit. Particularly important for applicants: A naturalization certificate issued can be revoked after According to Section 35 of the German Nationality Act (StAG) , a residence permit can only be revoked if it was obtained through deception, threats, bribery, or intentionally false statements. The fact that the authorities applied the law liberally is not sufficient grounds for revocation.

What changes are being made to residency law at the State Office for Immigration?

For many of our clients, everyday residency rights are even more important than the Naturalization . The Residence Act is also federal law. However, LEA operates with its own procedural guidelines (VAB), which the Senate Administration can amend at any time, and this is where the real leverage lies. At the state level, for example, it is decided whether, in the case of a change of purpose, the visa procedure can be completed retroactively. Section 5, paragraph 2, sentence 2 of the Residence Act is waived. The same applies to how generously humanitarian aid is granted. Residence permits according to Section 25 Paragraph 5 of the Residence Act or rights of residence according to Permits may be granted pursuant to Section 25b of the Residence Act. This also applies to the hardship commission's decision. The way Section 23a of the Residence Act is applied and how quickly temporary residence permits are issued depends significantly on the state. We expect that Berlin's practice in these areas will become noticeably more accommodating under a left-wing government. skilled workers , For self-employed individuals and students, this could mean shorter processes and fewer subsequent demands.

Should applicants wait and see?

That is precisely where we see the greatest danger. Anyone who has previously taken the B1 test or the If securing a livelihood fails, one might be tempted to postpone the application and hope for new directives. This is risky. There is no coalition agreement yet, new directives take time, and the federal government can react at any time, for example, with further amendments to the Nationality Act. While a dispute between the federal and state governments before the Federal Constitutional Court is rather theoretical, political counter-reactions are not. Anyone who meets the requirements today should submit their application today.

We also strongly advise against submitting an incomplete application on your own simply because of a headline. " Naturalization without a language test" is an election promise, not current law. A rejected application will incur fees according to... Section 38 of the German Nationality Act (StAG) concerns time and, in the worst case, credibility in the next proceedings. From hundreds of naturalization and residency cases in Berlin, we know what files are judged by. LEA can actually get stuck. Incomplete pension insurance records and missing tax assessments are typical. Self-employed individuals and unresolved gaps between residence permits. If a file remains unused for more than three months, after Section 75 of the Administrative Court Procedure Act (VwGO) provides for the action for failure to act. A court case is possible. In Berlin, experience shows that it often quickly gets a case moving again.

Conclusion

After many months of stricter regulations at the federal level, Berlin is sending a distinctly different signal. A left-leaning state government cannot abolish the naturalization requirements of the Nationality Act. However, it can change the practices regarding... The Berlin State Office for Immigration is undergoing significant changes: regarding exceptions, discretionary decisions, documentation requirements, and across all aspects of residency law. This is good news for migrants in Berlin, but no reason to wait. We are closely monitoring developments and will advise you on how to utilize these new opportunities without jeopardizing your existing rights.