German Citizenship by Residency

Acquiring German citizenship is associated with many advantages. These include:

• Unrestricted freedom of movement within Germany: free choice of residence and place of residence.
• Freedom of movement within the European Union: possibility to work and live as an EU citizen throughout the EU.
• The right to vote and stand as a candidate in local, state, federal and European elections,
• free choice of profession in Germany,
• possibility of travelling to many countries within and outside Europe without a visa,
• easier family reunification and naturalisation of close relatives,
• easier access to social benefits.

According to Section 3 StAG, German citizenship is acquired through:

• Birth,
• declaration,
• adoption as a child,
• issue of a certificate in accordance with Section 15 para. 1, 2 of the Law on the Affairs of Displaced Persons and Refugees,
• naturalisation.

Naturalisation is therefore only one way of acquiring German citizenship.

According to Section 10 StAG, the application of a foreigner must be granted if they

• have been legally resident in Germany for five years,
• their identity and nationality have been clarified,
• are committed to the free democratic basic order of the German Basic Law, does not pursue any unconstitutional endeavours, and acknowledges that acts motivated by anti-Semitism, racism or other misanthropy are incompatible with the guarantee of human dignity in the German Basic Law,
• have a permanent right of residence in Germany,
• can support themselves and their dependent family members without claiming social benefits or are not responsible for claiming them,
• have sufficient knowledge of German,
• have not already been convicted of a criminal offence,
• have knowledge of the legal and social order and living conditions in Germany.

The requirement under Section 10 (1) No. 4 StAG (previous version) that naturalisation can only occur if the applicant gives up or loses their previous citizenship has been removed, so the new law makes dual citizenship through naturalisation possible.

However, Section 10 para. 2 et seq. StAG provides for numerous exceptions to the requirements listed above. For example, the period of legal and habitual residence can be shortened under certain circumstances. For example, it can be shortened to 3 years if an integration course has been successfully completed or the requirements of a C1 level language test have been met (see Section 10 para. 3 StAG). Spouses and underage children can also be naturalised if they have not been legally resident in Germany for eight years.

Language skills are essential for successful integration. Depending on the applicant’s situation, the language level to be proven is limited to oral proficiency and a naturalisation test is no longer required under the new law. There is also a hardship clause for proof of language skills if it is not possible or permanently challenging to acquire language skills at level B1 despite serious and sustained efforts. If proof of language level B1 is required, this can be done in the following ways:

• Successful participation in a language course as part of the integration course,
• language diploma as proof of B1 level,
• four years at a German-speaking school,
• secondary school leaving certificate (Hauptschulabschluss, Realschulabschluss or Abitur/A-Levels),
• completed German-language vocational training,
• completed studies at a German-speaking university or university of applied sciences.

Spouses and partners of German nationals can also apply for naturalisation (Section 9 StAG). As a rule, naturalisation takes place if the spouse or partner:

• has been legally and habitually resident in Germany for three years,
• can prove German language skills at B1 level,
• has not been convicted of a criminal offence (nor has a measure been ordered due to their incapacity),
• has found their own accommodation,
• can support themselves and their dependants without being dependent on social benefits,
• loses or gives up their previous nationality,
• respects German laws, social norms, and the free, democratic, and constitutional order of Germany.

If the applicant is not entitled to naturalisation by Section 10 StAG, they can still be naturalised if the authority approves the application following Section 8 StAG.

A requirement for such an application is that the applicant:

• has been legally and habitually resident in Germany for 8 years,
• has not been convicted of a criminal offence,
• has their own accommodation,
• can support themselves and their dependants without being dependent on social benefits.

As part of the discretionary decision, the authority considers, among other things, the extent to which the applicant fits into German society. Knowledge of German or commitment to the free democratic basic order is essential. The fact that family members already have German citizenship is also considered.

The prescribed period of residence of eight years may be shortened for certain groups of persons. These groups include:

• Foreigners without habitual residence,
• minors,
• persons of advanced age,
• persons whose employment is of importance to society as a whole, in particular in the fields of science, research, business, art, culture, media, sport or in the public sector.

The changes to the German citizenship law remove the requirement to ensure integration into German living conditions.

In exceptional cases, the authorities may grant an application even if the requirements of Section 8 StAG are not fully met. For example, in the following situations:

• Former Germans and their minor children who have their habitual residence abroad can be naturalised if their identity and nationality have been clarified and they have not already been convicted of a criminal offence (Section 13 StAG).
• Foreigners who have their habitual residence abroad can be naturalised if the other requirements of Sections 8, 9 StAG are fulfilled and there are ties to Germany that justify naturalisation (Section 14 StAG).

Interview and application: As a rule, a counselling interview takes place first. The authorities in your place of residence will then provide you with the relevant application forms. Foreign citizens can apply for naturalisation from age 16, whereby a fee of 255 euros must be paid. For children who are naturalised together with their parents, the fee is 51 euros.

Certificates: Depending on your individual situation, you will need to submit various documents. These include education certificates, proof of income, and language certificates.

Naturalisation test: Applicants can register for a naturalisation test at the German Federal Office for Migration and Refugees. The local naturalisation authorities can provide information on the nearest examination centre.

Processing the application: The competent authority will then examine your application. As part of this process, enquiries will be made to the German Employment Agency, Social Welfare Office, Federal Office of Justice, State Office of Criminal Investigation, and the Federal Office for the Protection of the Constitution to check the information you have provided.

Naturalisation: If all requirements are met and all necessary documents have been submitted, the authorities will approve your application for naturalisation.