Higher Administrative Court of the Saarland, 04.12.2024, Ref.: 2 D 74/24
Naturalisation in Germany is an important step for many people with a migration background. However, the path to German citizenship is often associated with high requirements. A recent ruling by the Higher Administrative Court of the Saarland shows that identity verification plays a central role in the naturalisation process. In this blog article, we take a detailed look at the case, the legal background and the consequences for naturalisation applicants.
The case: Rejection due to insufficient proof of identity
In the current case, a Syrian family applied for German citizenship. However, the application was rejected by the responsible office as the family was unable to present Syrian national passports. Instead, they submitted various documents, including extracts from the Syrian family register, birth certificates and German travel documents.
The Saarland Administrative Court then also rejected the application for legal aid on the grounds that the action had no reasonable prospect of success. The decision has now been confirmed by the Higher Administrative Court.
The legal basis for naturalisation
The legal requirements for naturalisation are regulated in the German Citizenship Act (StAG) and the German Residence Act (AufenthG). The most important entitlements include
- § 10 para. 1 StAG: Assumes that the identity and nationality of the applicant have been clarified.
- § 8 para. 1 StAG: Concerns discretionary naturalisation, which also requires a clear declaration of identity.
- § Section 37 (1) sentence 2 StAG: Obliges the applicant to cooperate in the clarification of identity.
- § Section 82 (1) AufenthG: Obliges the applicant to cooperate fully up to the limit of objective possibility and subjective reasonableness.
- § Section 34 sentence 2 StAG: Regulates that the applicant must take all reasonable measures to prove his identity.
The identity check not only serves to clarify the origin, but also has security policy significance. In Germany, there are different levels of proof:
- Priority of the passport requirement: A valid passport is the most important proof.
- Alternative documents: If no passport can be obtained, other official documents such as identity cards or birth certificates can be accepted.
- Further evidence: In exceptional cases, unofficial documents or witness statements are also admissible.
Court Decision and RationaleCourt Decision and Rationale
The Higher Administrative Court of the Saarland ruled that the rejection of the naturalisation application was lawful. It emphasised that the applicant had not sufficiently fulfilled his duty to cooperate. In particular, the following points were emphasised:
- Cost of the passport as an insufficient reason: The plaintiff's argument that obtaining a passport was too expensive (4,000 euros) was not accepted. According to the Syrian embassy, the cost of a passport is significantly lower.
- No efforts to obtain a passport: The plaintiff had failed to contact the Syrian embassy at all in order to apply for the passports.
- Safety-relevant aspects: The presentation of documents such as ID cards and travel documents is not sufficient to enable an unambiguous identity check.
Consequences for naturalisation applicants
The judgement makes it clear that applicants for German citizenship are fully obliged to cooperate. Anyone who cannot provide clear proof of identity must prove that all reasonable efforts have been made.
Possible consequences of this ruling for naturalisation applicants are:
- Stricter verification of evidence: The requirements could be interpreted even more strictly in the future.
- Longer duration of proceedings: Anyone who is unable to present all the required documents must expect lengthy examination procedures.
- Risk of rejection: Without valid passports, the risk of the application being rejected is high.
Recommendations for applicants
To increase the chances of success in the naturalisation process, applicants should take the following steps:
- Start collecting documents at an early stage: All possible documents should be obtained and legalised before the application is submitted.
- Contact the embassy: Even if there are high costs or security concerns, proof of attempts to obtain a passport should be provided.
- Obtain legal advice: An experienced lawyer can help to realistically assess the chances of success of an application.
- Prepare alternative evidence: If no passports are available, all other possible evidence should be collected at an early stage.
Conclusion
The ruling by the Higher Administrative Court of the Saarland underlines the high requirements for identity checks in the German naturalisation process. The decision shows that financial constraints or a refusal to contact the embassy are not sufficient reasons for a lack of proof of identity. Applicants should therefore prepare well for the naturalisation process in order to avoid unnecessary delays or rejections. An early examination of the legal requirements and consistent participation in the procedure are decisive factors for successful naturalisation.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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