Securing a livelihood Naturalization
All information on securing your livelihood when naturalizing in Germany.
Here you learn ...
when livelihood is secured upon naturalization
what exceptions there are to securing a livelihood
which rules apply to employment contracts when naturalizing
how self-employed people can secure their livelihood upon naturalization
Table of Content
1. Livelihood Naturalization
2. Securing livelihood Naturalization Employee
2.1 Passed probationary period
2.2 Permanent employment contract
2.3 No violation of permissible working hours
3. Naturalization without an employment contract
3.1 Livelihood Naturalization Guest Workers
3.2 Employed for 20 of 24 months
4. Securing a livelihood Naturalization Self-employed
4.1 Audit report for naturalization of self-employed persons
4.2 Pension provision Self-employed naturalization
5. Conclusion Livelihood Naturalization
1. Livelihood Naturalization
According to Section 10, Paragraph 1, Sentence 1, No. 3 of the StAG (Nationality Act), naturalization requires that you be able to support yourself and your dependent family members without relying on social benefits. A foreigner's livelihood is therefore only secure if it can be met without relying on public funds . This can be assumed if there is a reasonable prognosis that no public funds will be used to secure your livelihood after naturalization.
Naturalization requires increased standards for securing a livelihood, as naturalization essentially means that the foreigner will remain in Germany permanently. Therefore, a livelihood must also be secured permanently. This type of livelihood is called " sustainable livelihood security ." The naturalization authorities therefore examine livelihood security much more strictly in naturalization applications than in applications for a residence permit.
2. Securing livelihood Naturalization Employee
2.1 Passed probationary period
A secure livelihood is a key requirement for naturalization. For employees, the following applies: If a person is still in a probationary employment relationship, the probationary period must generally be completed before a positive decision can be made on the naturalization application. The reason for this is that termination options are easier during the probationary period. If the employment relationship was recently entered into and no or only a short probationary period was agreed, the employment relationship must have existed for at least three months to be considered sufficiently stable. A current employer's certificate is required as proof that the employment relationship continues undismissed. This certificate must not be older than 14 days when submitted, calculated from the date of receipt by the naturalization authority.
2.2 Permanent employment contract
The standard method for securing a sustainable livelihood is a permanent employment contract . According to administrative regulations, a person's livelihood is guaranteed for naturalization if the employment contract provides a salary of 45.3 percent of the annual contribution assessment ceiling for general pension insurance, plus a surcharge of 7 percent for each additional member of the household. However, a permanent employment contract is not mandatory for naturalization. Therefore, in certain cases, naturalization can be applied for without a permanent employment contract.
With a stable employment history, a temporary employment contract may also be sufficient – provided the prognosis justifies the assumption that the foreign national will not receive social benefits in the long term. According to established case law, including that of the Higher Administrative Court of Berlin (decision of April 15, 2005 – 2 N 314.04) , this depends on an overall assessment of the applicant's personal and professional situation. The decisive factor is whether the applicant's previous income situation and professional career allow for a positive future prognosis.
The following criteria are particularly relevant for a positive prognosis:
Completed vocational training or academic degree
Professional experience and industry-specific qualifications
Duration and continuity of previous employment relationships
Times of unemployment
Amount and regularity of income
The following applies: Even with multiple changes of employer or fixed-term employment contracts – for example in the case of academics, skilled workers, artists or in the private sector – a stable employment situation can exist, provided that this has not been interrupted by longer periods of unemployment .
2.3 No violation of permissible working hours
In principle, a person's livelihood can be secured through multiple employment relationships upon naturalization (e.g., a main job and a part-time job). However, for recognition of sufficiently stable income for the purposes of securing a livelihood, it is crucial whether the income is earned within the legally permitted working hours. According to the Working Hours Act, regular working hours may not exceed 48 hours per week . If a person's livelihood is secured solely through overtime beyond this limit, stable income cannot be assumed.
It is particularly important to note that, according to Section 2, Paragraph 1, Sentence 1, Clause 2 of the Working Hours Act (ArbZG), working hours for multiple employers must be aggregated . If this cumulative maximum working time is exceeded and securing a livelihood is only possible through this legally prohibited overtime, the livelihood is considered insecure (VG Berlin, judgment of September 29, 2011 – 33 V 106.08). However, isolated or minor violations of the permissible working time limit do not automatically disregard the employment relationship for the purposes of securing a livelihood. What is crucial is an overall assessment of the income situation in accordance with the ArbZG.
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3. Naturalization without an employment contract
However, if you do not have an employment contract, naturalization may still be possible if certain other conditions are met.
3.1 Livelihood Naturalization Guest Workers
The law provides exceptions for certain groups of people regarding the need to secure their livelihood before naturalization. This particularly applies to the so-called guest worker generation . For guest workers, receipt of state social benefits does not affect the naturalization process if they are not responsible for receiving them. This means that even if guest workers receive benefits such as citizen’s allowance or social assistance, this does not stand in the way of naturalization. This legal provision takes into account the goal of doing justice to the life’s work of the so-called guest worker generation. Many of these people have contributed to Germany’s economic development over decades. In view of their significant contribution to the economic performance of the Federal Republic, their naturalization should be subject to simplified requirements. Particularly in view of the age of many of those affected, the exemption from the obligation to secure their livelihood also takes social reality into account – and at the same time sends an important signal of recognition.
3.2 Employed for 20 of 24 months
Another important exception to the requirement to ensure a livelihood applies if the applicant for naturalization has been continuously employed for at least 20 months within the last 24 months – whether self-employed or employed full-time. In this case, the requirement to fully secure a livelihood is waived. For employees, proof is provided by an employment contract and proof of income for the last 6 months. Self-employed persons require an audit report from a tax advisor showing a monthly net profit of at least €1,800. Under certain circumstances, this rule also includes the spouse ( Section 10 (1) Sentence 1 No. 3 c) StAG ).
4. Securing a livelihood Naturalization Self-employed
4.1 Audit report for naturalization of self-employed persons
Even those who wish to apply for German citizenship as self-employed persons must prove that their livelihood is long-term secure. For the self-employed, this means that their activity must generate sustainable profits – and this must be proven for at least six months . Sufficient profit must be generated to cover all regular costs (rent, health insurance, everyday needs). In addition, the economic viability of the self-employment must be demonstrated by a forecast of future developments. To verify the security of livelihood, the naturalization authorities usually require an audit report on the profits and losses of self-employed persons. This audit report must be prepared by a tax advisor, auditor or lawyer. The same requirements apply to freelancers.
4.2 Pension provision Self-employed naturalization
Pension provision is often a problem for the naturalization of self-employed individuals. The Nationality Act (StAG) does not contain any explicit requirements regarding pension provision – unlike the Residence Act, which, for example, requires at least 60 months of pension insurance contributions for a settlement permit ( Section 9 of the Residence Act ). Self-employed individuals can therefore provide evidence of their pension provision for naturalization through various means (e.g., private pension funds, life insurance, or other forms of pension provision). However, the naturalization authority often requires a prognosis regarding pension provision even for self-employed individuals:
Younger self-employed people have to provide less (or even nothing) proof for naturalization, as there is still enough time to save for retirement.
Older applicants must demonstrate how they will secure their livelihood in retirement – whether through statutory, private or other pension provision.
Overall, the question of retirement provisions for naturalization of self-employed individuals is a case-by-case matter. While retirement provisions are part of the basic living expenses of employable naturalization applicants, it is generally not necessary to determine at the time of naturalization that the expected benefits will be sufficient to permanently secure a living in old age ( VGH Baden-Württemberg, judgment of March 6, 2009 – 13 S 2080/07 ).
Summary of this Page
For naturalization in Germany, it is generally required that the applicant can permanently support themselves without relying on social benefits. This also applies to dependent family members. Sustainable livelihood security is particularly important. A permanent employment contract is the norm, but not mandatory – even a fixed-term contract or multiple jobs may suffice if the income situation is stable and legally permissible. For employment relationships during the probationary period, it is generally advisable to wait until the probationary period is over. A positive future prognosis is always crucial. Exceptions apply to certain groups, particularly guest workers and individuals who have been employed for at least 20 months in the last two years. In these cases, proof of complete livelihood security may be waived. Special requirements apply to the self-employed: They must demonstrate their financial viability through proof of profit and a future forecast. The question of retirement provisions also plays a role for self-employed applicants for naturalization.
