HERE YOU LEARN ...
... what options there are to acquire German citizenship
... whether German citizenship can be acquired through marriage and birth
... whether and how German citizenship can be lost or revoked
Written by:
Attorney
Publication date:
07.08.2024
Reading time
7 mins
Table of Content
1. Acquisition of German citizenship
1.1 Naturalization by birth
1.2 Naturalization through marriage
1.3 Naturalization by application
1.4 Other naturalization options
2. Loss of German citizenship
2.1 Revocation of naturalization
2.2 Dismissal and renunciation of German citizenship
3. Naturalization from abroad: requirements and procedures
4. Action for failure to act in naturalisation: Your rights in case of delayed processing
5. FAQ on the Naturalization Act
1. Naturalization Act: Acquisition of German citizenship
In contrast to many other countries (e.g. USA), German citizenship is not acquired by birth on German territory under German naturalization law (no principle of place of birth, Latin “ius soli”). If you are born in Germany, additional requirements must be met to acquire German citizenship, which are comparatively difficult to fulfill in Germany unless one parent is a German citizen. Marrying a German no longer leads to the acquisition of German citizenship under the current naturalization law (but does make naturalization much easier). The same applies (except in special cases) to a line of descent (e.g. grandparents) that has been “interrupted” (e.g. if the foreigner’s parents have lost their German citizenship). In the vast majority of cases, naturalization is therefore based on an application to the responsible authority.
The German Naturalization Act allows the acquisition of German citizenship through the following options:
birth
marriage
adoption
Explanation and legitimation
Naturalization application
Naturalization by birth
Naturalization law only grants German citizenship by birth if one parent has German citizenship. The family must also generally live in the country. If the mother has German citizenship, the child automatically acquires citizenship. If only the father has German citizenship, paternity must usually be recognized. This process must be completed before the child reaches the age of 23.
If neither parent has German citizenship, the child can only acquire German nationality in exceptional cases under German naturalization law. In this respect, one parent must have been habitually resident in the country for eight years and have an unlimited right of residence (usually a settlement permit). If this is the case, the child's acquisition of German citizenship is recorded in the birth register.
Naturalization through marriage
According to the German Naturalization Act, a foreigner does not automatically acquire German citizenship through marriage. Even after the marriage, both spouses retain their respective citizenships. If the marriage took place with a German citizen, the German Naturalization Act makes naturalization considerably easier. In particular, the required period of residence is reduced to just three years if the marriage or registered civil partnership has existed for at least two years and both spouses have their usual place of residence (i.e. their place of residence) in Germany. According to the Naturalization Act, the required period of residence can be reduced even further if the marriage or registered civil partnership has existed for at least three years.
Naturalization by application
From the perspective of German naturalization law, there are many different ways to become a German citizen. In theory, naturalization law even makes it possible to become a German citizen without the residence period, taking the naturalization test and having the language skills (B1) (so-called entitlement naturalization). However, since the immigration authorities have discretion in this case according to naturalization law (so-called discretionary rule), such naturalization practically never occurs. In this respect, the authorities usually only naturalize when the foreigner has a legal right to naturalization (so-called entitlement naturalization).
Further options under the German Naturalization Act
Apart from applying for naturalization and the options mentioned above, German nationality can also be acquired under the German Naturalization Act through the following options:
Adoption,
Acquisition by legitimation,
Children can declare that they wish to obtain German citizenship if one parent is German but the child has not obtained German citizenship.
However, since these possibilities concern very specific case constellations, they will not be discussed further here.
2. Naturalization Act: Loss of citizenship
Just as German citizenship can be acquired, the German Citizenship Act also provides numerous ways in which German nationality can be lost again.
In practice, the most relevant loss events under the Naturalisation Act are the following:
Revocation of naturalization
Dismissal and waiver
Joining the military of another state
Revocation of naturalization
According to German naturalization law, naturalization can also be revoked. The revocation usually has retroactive effect. In these cases, the citizenship authority issues a so-called revocation notice. However, naturalization can only be revoked if it was illegal. In practice, this mainly applies to cases in which naturalization was obtained through deception or with intentionally incorrect or incomplete information. This can happen, for example, if false information is provided about the residence permit (e.g. if naturalization was applied for with a residence permit that had actually already expired). More common cases are also those in which naturalization was applied for on the basis of a marriage to a German, but the marriage was actually already separated (but not yet legally divorced). The citizenship authorities therefore often require that a declaration be submitted that the couple still lives together and that the marriage still exists. If this declaration is signed even though the spouses are already living separately, this constitutes deception under German naturalization law, which entitles the naturalization to be revoked. However, this is only possible within the first 10 years after naturalization.
Dismissal or waiver
Also relevant in practice is the release from German citizenship according to the German Naturalization Act. In these cases, the German citizen voluntarily renounces his or her citizenship. After the written declaration of renunciation, the German citizen receives a certificate of release. Renunciation or release from German citizenship occurs primarily in cases in which the applicant wishes to apply for another nationality. Many foreign nationality laws require that the applicant only has one nationality. In these cases, the German nationality must then be renounced according to the German Naturalization Act.
3. Naturalization from abroad: requirements and procedures
For many people, naturalization in Germany is an important step that is usually linked to permanent residence in the country. However, under certain conditions it is possible to acquire German citizenship from abroad. This article explains which requirements must be met and how the process works.
Naturalization is fundamentally tied to residence in Germany
According to Section 10 of the Residence Act, people seeking German citizenship must have their usual place of residence in Germany. As a rule, the center of life must therefore be in Germany.
However, under certain conditions, Section 14 of the Nationality Act (StAG) allows naturalization from abroad. This procedure differs from traditional naturalization in several respects, as it is based on special ties to Germany.
Responsibility of the Federal Office of Administration and involvement of the embassy
In contrast to regular naturalization, which is processed by the local naturalization authorities, the Federal Office of Administration is responsible for naturalizations from abroad. This office coordinates the process and works closely with the German embassy or consulate in the respective country. For example, the embassy checks the submitted documents so that the applicant does not have to travel to Germany.
Central requirement: ties to Germany
The main requirement for naturalization from abroad is the existence of "ties to Germany". This term is quite loosely defined and in practice is strongly influenced by case law. Ties can be justified by the following factors, among others:
Knowledge of the German language
Family members in Germany
Growing up or living longer in Germany before leaving
Membership in German clubs or organizations
The stronger the connection to Germany, the higher the chances that naturalization from abroad will be approved.
In contrast to naturalization from within the country, where there is a right under certain conditions, naturalization from abroad is a discretionary decision by the authorities. Even if all conditions are met, there is no guaranteed right to naturalization. The authorities "can" grant naturalization, but are not obliged to do so.
Since the procedure is complex and the decision is at the discretion of the authorities, it is advisable to seek legal advice. An experienced lawyer can help to convincingly present your ties to Germany and optimally prepare the naturalization application.
4. Action for failure to act in naturalisation: Your rights in case of delayed processing
Naturalization in Germany can be a lengthy process. However, if the responsible authority takes too long to decide on your application, you have the option of filing an action for failure to act (Section 75 of the Administrative Court Act). This legal measure can help speed up the process. Here you can find out how an action for failure to act works and when it makes sense.
What is an action for failure to act?
An action for failure to act is a special form of action in administrative law. It is always used when an authority does not decide on an application - in this case for naturalization - within a reasonable period of time. This period is usually three months (Section 75 of the Administrative Court Act). If no decision has been made after this period of time, you can take the matter to the administrative court.
Requirements for an action for failure to act
In order for an action for failure to act to have a chance of success, certain conditions must be met:
Three months without a decision : The authority must have been inactive for more than three months since you submitted your application for naturalization.
The application must be ready for a decision : All necessary documents and information must be available to the authority. It cannot be your fault that the authority has not yet made a decision. The application must be complete and ready for a decision.
No sufficient reason exists: It is also necessary that the authority cannot provide a "sufficient reason" that justifies slower processing. This must be assessed on a case-by-case basis. There is very extensive case law on the question of when a "sufficient reason" exists in accordance with Section 75 of the Administrative Court Act.
Competent administrative court
The local administrative court is responsible for the action for failure to act. This could be the Berlin Administrative Court, for example, if you live there or the responsible naturalization authority is based in Berlin.
How does the procedure work?
After the action has been filed, the administrative court will check whether all the conditions for the decision have been met. Often, simply filing an action for failure to act will result in the authority acting more quickly and processing the case more quickly. The prospect of a legal dispute puts many authorities under pressure.
Overburdening of administrative courts
In large cities like Berlin in particular, not only the naturalization authorities but also the administrative courts are heavily overloaded. This means that the legal process itself can take some time. Nevertheless, in many cases, the action for failure to act speeds up the naturalization process overall, as the authority often reacts more quickly once it is confronted with a lawsuit.
If you are considering filing a claim for failure to act, it is advisable to seek advice from a lawyer specialising in administrative law, who can help you assess your chances and successfully pursue the legal process.
5. FAQ (nationality law)
How can one acquire German citizenship?
German citizenship can be acquired in various ways: by birth, by descent, by naturalization or, in certain cases, by adoption. The most common form of naturalization is according to Section 10 of the Nationality Act (StAG) for people who are permanently and legally resident in Germany and who meet certain requirements such as language skills, integration and securing a livelihood.
What requirements must be met for naturalization?
The most important requirements for naturalization usually include legal residence in Germany for at least 3 - 5 years, sufficient knowledge of German (at least level B1), passing the naturalization test and proof that you can support yourself.
What is the naturalization test and how do you pass it?
The naturalization test is a multiple-choice test consisting of 33 questions. It tests knowledge of the German legal system, culture and history. To pass the test, at least 17 questions must be answered correctly. Many preparation materials and practice tests are available online to help you prepare specifically.
What special features apply to naturalization from abroad?
Naturalization is also possible from abroad, but only under certain conditions. Section 14 of the StAG makes this possible if there are special ties to Germany. The procedure is carried out by the Federal Office of Administration in cooperation with the German embassies. The authorities make a discretionary decision here, so legal advice is often advisable.
What happens if the naturalization authority does not decide on my application?
If the naturalization authority remains without a decision for more than three months and your application is complete, you can file an action for failure to act (Section 75 of the Administrative Court Act). This is filed with the responsible administrative court and can speed up the process by forcing the authority to make a decision.
Can a child of German parents automatically receive German citizenship?
Yes, children of German citizens automatically receive German citizenship through descent. Even if only one parent has German citizenship, the child usually automatically becomes German.
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Literature: NK-AuslR/Weizsäcker, 3rd edition 2023, StAG § 14
Literature: BeckOK AuslR/Weber, 42nd Ed. 1.7.2024, StAG
