Residence period for naturalization
All information about the required period of residence for naturalization in Germany.
Here you learn ...
how long you have to stay in Germany for naturalization
which times count towards the required stay
what applies to naturalization in the event of interruptions in residence
how the co-naturalization of spouses and children works
Table of Content
1. 5 years of residence in Germany
2. Which periods count towards the 5 years?
2.1 Stay without a residence permit
2.2 Fictional effect
2.3 Residence of Ukrainians
3. Interruption of stay
3.1 Stays abroad
3.2 Interruption of the legality of the stay
4. Period of residence for co-naturalization of spouses and children
4.1 Co-naturalization of spouses
4.2 Co-naturalization of children
5. Conclusion Residence period Naturalization
1. 5 years of residence in Germany
Anyone wishing to acquire German citizenship must meet certain requirements. A key requirement is legal residence in Germany for at least five years ( Section 10, Paragraph 1, Sentence 1 of the German Citizenship Act ). This means that the person in question must have resided in Germany continuously for five years with a valid residence permit or another legal residence status. This regulation is part of the general naturalization requirements and is intended to ensure that applicants are already permanently integrated in Germany.
Until now, legal residence in Germany for at least eight years was required for naturalization. However, this requirement no longer applies. With the reform of German citizenship law, the minimum residence period was reduced to five years. This is intended to accelerate naturalization and facilitate integration. The change in the law offers new flexibility – especially for well-integrated skilled workers and migrants who have lived in Germany for many years.
2. Which periods count towards the 5 years?
2.1 Stay without a residence permit
For naturalization in Germany, a specific residence permit is generally required. However, periods without a residence permit can also be counted towards the required residence period under certain conditions.
2.2 Fictional effect
The five years for naturalization include not only the periods of possession of a residence permit, but also all other periods of legal residence. In certain cases, legal residence may exist even without a physical document. This applies in particular if the so-called The fictional effect applies . The fictional effect applies, for example, if an application for an extension of a residence permit is submitted before the previous permit expires. In this case, the residence remains legal until the immigration authorities make a decision, even if the old permit has formally expired in the meantime. These periods of fictional effect also count towards legal residence for the purposes of naturalization (see Federal Administrative Court, judgment of April 26, 2016 - 1 C 9.15 ).
2.3 Residence of Ukrainians
Many people who have fled to Germany from Ukraine are wondering whether their periods of residence in Germany can be counted towards the minimum length of stay for naturalization - even if they did not yet have a residence permit under Section 24 of the Residence Act . In a ruling dated April 26, 2016 (case number 1 C 9.15), the Federal Administrative Court ruled that certain periods without a residence permit within the meaning of Section 81, Paragraph 2 of the Residence Act count as legal residence within the meaning of the naturalization regulations. This also applies to residence on the basis of the Ukraine Transitional Ordinance . The Transitional Ordinance is a legal ordinance within the meaning of Section 81, Paragraph 2 of the Residence Act, which follows from the reference to Section 99, Paragraph 1, No. 2 of the Residence Act in the ordinance. The periods of residence of Ukrainians therefore count towards the naturalization period , even if the foreigner did not yet have a residence permit under Section 24 of the Residence Act .
3. Interruption of stay
3.1 Stays abroad
In order to be naturalized, you must have resided legally in Germany for five years without interruption . This means that you must not have left Germany for longer periods of time. However, your habitual residence in Germany is not interrupted by stays abroad of up to six months ( Section 12b, Paragraph 1, Sentence 1 of the StAG ). Even multiple stays abroad of up to six months within the five years of lawful habitual residence in Germany are generally not considered interruptions of your lawful habitual residence in Germany (for example, vacation trips, visits to relatives, or dealing with inheritance or business matters). Shorter trips abroad are therefore not detrimental to achieving the five-year residence period required for naturalization.
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If you have been abroad for more than six months , up to three years of your previous stay in Germany can be credited toward the required period of residence for naturalization. Therefore, if you have been abroad for a longer period, you must generally restart the required five-year period of residence. The naturalization authority can then only, at its discretion, credit up to three years of your previous stay toward the five-year period.
3.2 Interruption of the legality of the stay
In order to be naturalized, your five-year stay must not only be “uninterrupted” but also “ uninterruptedly lawful .” This means that you must not have been in Germany illegally at any time during the entire five years. There should therefore be no gaps in your migration history. Short-term interruptions to your legal stay due to a failure to apply for a residence permit or its extension in a timely manner will not be taken into account if they were already disregarded when the decision on the residence permit was made. If you apply for an extension of your residence permit too late and the immigration authorities then apply for a residence permit anyway, the late application does not count as an interruption of the legality of your stay for the purposes of naturalization (cf. Section 12b Paragraph 3 of the StAG ).
4. Period of residence for co-naturalization of spouses and children
4.1 Co-naturalization of spouses
If a person receives German citizenship, under certain conditions their spouse and children can also be naturalized at the same time . This applies even if the spouse or child has not yet reached the five years' residency requirement ( Section 10, Paragraph 2 of the Citizenship Act ). This is called joint naturalization. For joint naturalization, it is sufficient if the spouse has lived legally in Germany for four years and the marital partnership has existed for at least two years. For joint naturalization, B1 German language skills are also required. All other requirements for naturalization (e.g. no serious crimes, commitment to the free democratic basic order, secure livelihood) must also be met by the spouse.
4.2 Co-naturalization of children
If a parent is naturalized, minor children can also be naturalized under certain conditions (co-naturalization of children). For a child to receive German citizenship jointly with a parent, the following conditions must be met:
Custody: The parent seeking naturalization must have custody of the child.
Family partnership: The child must live with the parent in a family partnership – i.e. either in the same household or with regular, close contact that goes beyond mere visits.
Residence in Germany: The child must have resided in Germany for at least three years. For children under three years of age, they must have spent half of their life in Germany.
Language development: The child should show age-appropriate language development in German.
The application for joint naturalization must be submitted by all parents with custody. Children over 16 years of age must provide written consent if they were under 16 at the time of application but turned 16 during the process. A reduced fee of €51.00 generally applies for joint naturalization children.
Summary of this Page
The reform of citizenship law brings a crucial innovation: Instead of eight years, five years of legal residence in Germany are now sufficient for naturalization (Section 10, Paragraph 1, Sentence 1 of the German Citizenship Act). Importantly, these periods of residence must be legal – this includes periods with a residence permit, but also those with a fictitious effect or due to transitional arrangements, such as in the case of refugees from Ukraine. Even short-term stays abroad (up to six months) do not interrupt habitual residence (Section 12b, Paragraph 1 of the German Citizenship Act). Even in the case of formal gaps – such as a late extension of the residence permit – the legality of the residence can be maintained (Section 12b, Paragraph 3 of the German Citizenship Act).
