German residence titles, such as residence permits, permanent settlement permits, and EU Blue Cards, allow foreign nationals to stay, work, and rent accommodation in Germany. However, for many foreigners, this is not enough, and a good number decide to become German citizens.
Advantages of Naturalisation (Acquisition of German Citizenship)
Naturalisation means that a foreign citizen relinquishes his or her original citizenship and acquires German citizenship in return. As a result, they will have the same rights and obligations as other German citizens, such as the right to vote in elections, freedom of profession, and membership in the European Union, which allows freedom of movement in Europe and travel to many countries outside Europe without a visa. You gain political participation and equal rights. For Germany, the possibility of naturalising foreign citizens is an opportunity to integrate people who have been living in the country for a long time and are successfully contributing to society. Multiple legal bases govern the acquisition of German citizenship by naturalisation, most of which are outlined in the German Nationality Act (Staatsangehörigkeitsgesetz - StAG). Several requirements must be met, which are detailed below.
Requirements for Becoming a German Citizen Through Naturalisation
It is important to note that naturalisation is not automatic. German citizenship can only be obtained by submitting an application. Before deciding to take this step, you should first check whether you meet the statutory requirements.
The German Nationality Act (Staatsangehörigkeitsgesetz - StAG), which governs naturalisation, distinguishes between discretionary naturalization and entitlement-based naturalization.
Discretionary Naturalisation
Discretionary naturalization means that spouses of Germans, top athletes, and famous artists, for example, can be naturalized after a short waiting period, which is usually three years. This is different from entitlement-based naturalisation.
Entitlement-Based Naturalisation
Entitlement-based naturalisation, which is much more common, requires that you have lived in Germany for at least five years. Under certain circumstances, however, three years may be sufficient. This is the case if the applicant has made outstanding integration efforts (three years). "Outstanding integration efforts" within the meaning of Section 10 of the German Nationality Act (StAG) is a vague legal term, and language skills are just one example. Other integration efforts must also be considered, such as special achievements in education or professional training, volunteer or community activities, social commitment, and trade union or association work.
Furthermore, applicants must be able to support themselves. If, for example, someone is receiving social benefits such as Arbeitslosengeld II (ALG II), the application will not be approved. It should be noted that child benefit or education assistance does not count as social benefits. Personal reasons for acquiring German citizenship are not questioned.
Nevertheless, meeting the requirements for naturalisation demanded by the respective authority during an individual interview is no guarantee of a successful outcome. Each application for naturalisation is examined by the competent authorities on a case-by-case basis.
Here are the basic requirements for entitlement-based naturalisation:
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- Permanent or unlimited right of residence at the time of naturalisation
- Commitment to the free democratic constitutional system enshrined in Germany's Basic Law (Grundgesetz)
- Oral as well as written command of German corresponding to level B1 of the Common European Framework of Reference for Languages
- Proof of knowledge of the legal system, society, and living conditions in the Federal Republic of Germany (naturalisation test)
- Ability to support yourself (and possibly your dependents) without recourse to benefits
- No criminal convictions
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How Does the Naturalisation Procedure Work?
First, you need to apply for German citizenship. The immigration and citizenship authority in the city where you reside is responsible for processing the application. In some federal states, you must address the citizens' registration office (Bürgeramt) or the foreign citizens' registration office (Ausländerbehörde). In Cologne, for example, you can only obtain the required application form by booking a consultation. However, in most cases, you can simply download the form from the website of the respective city. Nevertheless, it is advisable to pick up the application form for German citizenship in person. In this case, the staff can offer you individual advice, explain the specifics directly, and explicitly tell you which documents will be needed in addition to the application form in your case. Persons who permanently live abroad can only be naturalised in certain exceptional cases. The Federal Office of Administration (Bundesverwaltungsamt) in Cologne is the competent authority. However, you can also first contact a competent German diplomatic mission (embassy, consulate general, or other consular office) in your region.
As a rule, you will need to submit the following documents with your application:
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- Completed application form
- Birth certificate
- Copy of your passport
- Copy of your residence permit in Germany
- Language certificates (level B1)
- Employment contract
- Lease contract
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The exact documents required will vary from person to person and from authority to authority. It is best to ask the relevant authority in advance because an incomplete application may lead to delays.
Sufficient Command of German
A sufficient command of German is a crucial requirement. As a rule, your language skills must be equivalent to at least level B1 (sufficient command). If you want to be naturalised after only six years of residence, they must meet level B2. If you cannot provide proof of sufficient command of German, you will need to pass a language test. In this test, you must show that you can communicate adequately in German. Applicants who can present a German school-leaving certificate may not need to provide evidence of their command of German. In cases where the foreign national obviously speaks perfect German, it may be unlawful for the naturalisation authority to insist on a certificate purely for formal reasons.
Update: In August 2021, the German Nationality Act was amended, and the words "in oral and written form" were deleted. Section 10, Paragraph 4 of the German Nationality Act now reads: "The requirements specified in subsection 1, sentence 1, no. 6 are met if the foreigner passes a language examination for level B1 in the Common European Framework of Reference for Languages."
Naturalisation Test
You will also have to pass a naturalisation test. This test will examine your knowledge of the legal, social, and democratic system of the Federal Republic of Germany. It consists of 33 questions, three of which are specific to the federal state where you are registered. To pass the test, you need to answer 17 questions correctly. This is to show whether you have made initial efforts at integration. Applicants who can present a German school-leaving certificate may not need to take the naturalisation test. You will find all questions of the naturalisation test on the website of the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge - BAMF) and can even try a sample test.
Once all of the steps have been taken, you will be sent a certificate of naturalisation by post. This document completes your naturalisation, and you become a German citizen. You can take this certificate to the citizens' registration office to apply for an ID card and a passport.
The costs are currently €255 per applicant and €51 for each child who is to be naturalised together with his or her parents. The authorities are usually flexible when it comes to the payment of this amount. The fee can be reduced, paid in installments, or even waived completely in some cases if the person can prove a low income or if multiple parties are being naturalised. Additional expenses include €25 for the naturalisation test and fees for the issuance or certification of various documents. The time required for the procedure can vary greatly. Once you have submitted your application with all of the required documents and have successfully renounced your original citizenship, you can expect to be naturalised within six weeks. In cases of communication problems with the country of origin, and if missing documents have to be submitted later, the process can take more than two years.
Facilitated Procedure for Refugees
Refugees who have been granted asylum in Germany can also apply for naturalisation after spending a certain amount of time in the country, although they must also meet the above-mentioned requirements. However, in certain respects, Germany will facilitate the procedure. This is because refugees cannot plan their stay in Germany in advance during their flight, and a residence permit in the asylum procedure is initially issued only on a temporary basis.
The process is facilitated for the following requirements, while all other conditions must be fully met:
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- Command of the German language does not need to be equivalent to level B1. Nevertheless, the applicants must be able to communicate adequately in German.
- Easier criteria apply to the naturalisation test.
- The regular minimum period of residence shorter
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Naturalisation of Children
Special provisions apply to the naturalisation of children of foreign citizens between the ages of eight and sixteen. A child cannot be required to take a naturalisation test, but they must still demonstrate a basic knowledge of German. A period of residence of at least eight years is mandatory, and this applies to both the child and their parents. The question of no criminal convictions must also be addressed, as 14 is the age of criminal responsibility in Germany. It is important to note that if one parent already has German citizenship when the child is born, the child can be naturalised according to ius sanguinis (right of descent).
If you have any questions about naturalisation, simply contact lawyer Helmer Tieben. Lawyer Tieben was admitted to the bar in 2005 and specialises in immigration and asylum law. You can reach Mr Tieben on 0221 – 80187670.