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Naturalization from abroad

Naturalization from abroad

Naturalization is usually conditional on the applicant "living in Germany" (see Section 8 (1) StAG). This is also the absolute rule. Naturalization from abroad should therefore not normally be possible. However, German citizenship law creates exceptions to this rule. In some situations, naturalization from abroad, i.e. without living in Germany, is possible. The most relevant legal bases for this are § 5 StAG, which regulates the child's right of declaration, §§ 13, 8 Para. 1 No. 1, 2 StAG, which regulate the re-naturalization of a former German foreigner and § 15 StAG, which enables the naturalization of persons who or whose ancestors lost or never received German citizenship due to political persecution during the Third Reich.

Overview

  1. General requirements for naturalization from abroad
  2. Naturalization according to § 5 StAG - right of declaration of the child 
  3. Naturalization according to §§ 13, 8 para. 1 no. 1, 2 StAG - Re-naturalization 
  4. Naturalization according to Art. 116 para. 2 GG - Naturalization by restitution
  5. Naturalization according to § 15 StAG - Naturalization by restitution
  6. Naturalization according to § 14 StAG - discretionary naturalization 
  7. The process of naturalization from abroad 
  8. Conclusion
  9. Frequently Asked Questions on naturalization (FAQ)

General requirements for naturalization from abroad

The requirements for naturalization from abroad differ significantly due to the different objectives of the individual legal bases. In the course of this article, the specific requirements of the individual legal bases for naturalization will be discussed in more detail. Nevertheless, there are some basic requirements that must be met for every naturalization from abroad.

In particular, your identity must be clarified. This means that you must be able to prove beyond doubt that you are the person you claim to be. In most cases, this requirement, which may sound somewhat banal at first, is satisfied by presenting a recognized identity document. In individual cases, however, complications can arise here, especially if the person applying is a refugee and therefore does not have any valid identification documents.

In simple terms, another general requirement that must be met is that the applicant is "free of criminal convictions". You can find more detailed information on naturalization despite a conviction here. However, there are also differences here. For example, a higher tolerance limit is standardized with regard to convictions in the case of restorative naturalization in accordance with § 15 StAG.

In comparison with naturalization from Germany, there are different requirements in particular where the requirements are linked to living in Germany. Probably the most significant difference here is that in the case of naturalization from abroad, the permanent center of life does not have to be in Germany. The requirements for proficiency in the German language and knowledge of the German legal and social system are also weakened in some cases.

Naturalization according to § 5 StAG - right of declaration of the child

Section 5 StAG regulates naturalization by declaration of a child. § Section 5 StAG is by no means to be understood as meaning that every child must make a declaration to this effect in order to acquire German citizenship. Rather, the scope of application of Section 5 StAG is limited to a few special constellations. This is due to the fact that the so-called principle of descent applies in German nationality law. This means that children of a German parent automatically acquire German citizenship by birth. (see § 4 para. 1 sentence 1 StAG)

However, there may be situations in which German citizenship is not acquired through the birth of the child, contrary to the intention of the German legislator. For these constellations, Section 5 of the German Citizenship Act creates the possibility for children affected by this to acquire German citizenship by declaration.

  • Section 5 (1) StAG covers the following cases:
  • Children of a German parent who have not acquired German citizenship by birth (No. 1) (this should be extremely rare)
  • Children of a mother who lost her German citizenship before birth through marriage to a foreigner (No. 2)
  • Children who have lost their German citizenship acquired by birth as a result of a legitimization effected by a foreigner and effective under German law. (No. 3)
  • This right of declaration is also extended to all descendants of the beneficiaries under nos. 1 - 3 (no. 4)

    Re No. 2:
    In the past, German women lost their German citizenship when they married a foreigner; as a logical consequence, the children of such a mother could no longer acquire German citizenship by birth. In order to reverse this gender-specific discrimination, also with regard to the consequences for future generations, it is possible for such a child to acquire German citizenship by declaration.

    Re No. 3:
    No. 3 therefore refers to illegitimate children who have lost their German citizenship as a result of a legitimization carried out by a foreigner in accordance with German law and who have lost their originally acquired citizenship.

    As a result, Section 5 StAG is intended to ensure that all children of a German parent who did not acquire German citizenship by law at birth due to previous nationality regulations that are not in line with the constitution have the opportunity to (re)acquire German citizenship.

Naturalization by declaration of the child is not tied to the existence of the applicant's main place of residence in Germany. Rather, the aim is to give people who should be German anyway the opportunity to become so. If such a right of declaration exists, naturalization can also be carried out from abroad. 

Further information on naturalization according to § 5 StAG can be found here(link to article on § 5 StAG as soon as possible).

Naturalization according to §§ 13, 8 para. 1 no. 1, 2 StAG - Re-naturalization

It is possible for former Germans to be naturalized again. This is regulated in the Nationality Act in § 13 StAG and is designed as a discretionary naturalization . In simple terms, this means that even if the requirements are met, you have no legally enforceable right to naturalization and that naturalization on this basis therefore faces greater hurdles.

The background to this regulation is that people who have lost their citizenship over time due to various circumstances should be able to be naturalized again.

Naturalization is generally possible under the following conditions:

  • There is a public interest
  • Strong ties to Germany
    For example: frequent contact with relatives and friends in Germany; longer and/or regular stays in Germany, property ownership in Germany
  • Ability to support yourself
    The ability to support yourself in your current home country must be guaranteed without state assistance. This also includes sufficient provision in the event of illness, need for care, occupational disability or incapacity to work and in old age.
  • Sufficient German language skills (level B1)
  • Impunity
  • Fulfillment of the citizenship requirements
    (This may require the successful completion of a naturalization test if the foreigner did not grow up in Germany)

The Federal Office of Administration (BVA) in Cologne is responsible for naturalization according to § 13 StAG. However, you will generally have to submit your application to the German diplomatic mission responsible for you abroad , which will then forward the application to the BVA.

You can find further information on naturalization according to § 13 StAG here (link to article on § 13 StAG when ready).

Naturalization pursuant to Art. 116 para. 2 sentence 1GG - Naturalization by way of restitution

The basic case of naturalization by restitution is regulated in Art. 116 para. 2 sentence 1 GG. The fact that the provision is in the constitution already shows how important it is. It serves to make amends for injustices committed during the Nazi regime and is part of the German government's program to come to terms with the Nazi dictatorship. Accordingly, it is not only possible to apply for it from abroad. It is even only possible to apply for restitution naturalization from abroad.

Reparation naturalization from within Germany is excluded because Art. 116 para. 2 sentence 2 of the Basic Law stipulates that former Germans who lost their citizenship during the Nazi era for political, religious or racist reasons are not considered to have been expatriated from the outset if they lived in Germany again after the end of the Second World War or are currently doing so. These people are therefore still German citizens. They therefore do not have to apply for re-naturalization in accordance with para. 2 sentence 1, but can instead apply for a declaration that their German citizenship already exists in accordance with para. 2 sentence 2.

You can find more information on this determination of German citizenship here (link to article 'Am I German?' when ready).

All people who were deprived of their German citizenship for political, religious or racial reasons between 30 January 1933 and 8 May 1945 are entitled to restitution naturalization. Similarly, the descendants of such people can also be naturalized from abroad in accordance with Art. 116 para. 2 sentence 1 GG. Descendants does not only mean children, but also grandchildren, great-grandchildren and so on - but only if these descendants would actually have received German citizenship if their ancestor had not been deprived of it during the Nazi era.

In addition to the completed application form, you should be able to provide the following documents to support your application:

  • The applicant is directly affected themselves:
    • Birth certificate
    • Passport
    • Proof that you have held German citizenship in the past
    • Proof of why you were persecuted
  • The applicant is a Descendant:
    • Birth certificate
    • Passport
    • Proof of persecution and the resulting discrimination against your ancestor under nationality law
    • Proof that you are a descendant (birth certificates, marriage certificates, etc.)

 

As a rule, those affected or their descendants must be able to prove that the revocation of citizenship was actually based on political, religious or racial grounds. However, in the case of former Germans whose citizenship was revoked on the basis of the Act on the Revocation of Naturalization and the Withdrawal of German Citizenship of 14 July 1933 or on the basis of the eleventh ordinance to the Reich Citizenship Act of 25 November 1941, no such proof is required.

Naturalization according to § 15 StAG - Naturalization by restitution

Reparation naturalization under Section 15 StAG is a special case of citizenship law. This entitlement to naturalization is intended to enable people to naturalize who themselves or their ancestors lost their German citizenship due to persecution during the Third Reich or were never able to obtain it. As in the case of restitution naturalization under Art. 116 Para. 2 GG, it is also possible to apply from abroad under Section 15 StAG.

The application can either be submitted to the diplomatic mission or consular post responsible for you, which will then forward it to the BVA, or directly to the BVA. The application must be submitted using the application forms provided by the BVA. You can find the relevant BVA download package here.

A number of documents must be submitted together with the application. The exact documents will vary from case to case. In particular, a distinction must be made as to whether you are a directly affected person or a descendant. However, the documents submitted must prove that you or your direct ancestor lost German citizenship as a result of persecution during the Third Reich and that you should therefore have German citizenship.

In principle, the documents must be submitted as an officially or notarized copy. This is usually possible directly at the diplomatic mission abroad, which is why a personal application at the diplomatic mission abroad is usually advisable.

Examples of documents for directly affected applicants:

  • Birth certificate
  • Passport
  • Proof that you had German citizenship in the past or that you were deprived of it due to persecution
  • Proof of why you were persecuted
  • Etc.

Examples of documents if the applicant is a descendant :

  • Birth certificate
  • Passport
  • Proof of persecution and the resulting discrimination against your ancestor under nationality law
  • Proof that you are a descendant (birth certificates, marriage certificates, etc.)

You can find more detailed information in the leaflet of the BVA on restitution naturalization.

You can find further information on naturalization with restitution according to § 15 StAG here (link to article on § 15 StAG when ready). You can also find more detailed information in the leaflet of the BVA on naturalization with restitution.

Naturalization according to § 14 StAG - discretionary naturalization

In other cases, naturalization from abroad is rather undesirable. § Section 14 StAG gives the German authorities the discretion to reject or accept applications for naturalization from abroad. However, without special reasons, such a naturalization application will generally be rejected. In this context, the authorities examine whether it is advantageous for Germany that the foreigner living abroad is naturalized. There is no entitlement to such naturalization.  

Naturalization abroad in accordance with § 14 StAG is subject to particularly high requirements. In particular, the following requirements must be met (however, there may be deviations in individual cases):

  • There must be a public interest in naturalization
  • Ties to Germany (close contact with relatives and friends; long stays in Germany; real estate in Germany)
  • Secured livelihood
  • Adequate language skills (this will generally be the case for language skills of B1 of the Common European Framework of Reference for Languages)
  • The civic requirements must be fulfilled (a naturalization test may be required for this)

However, it should be noted that even if all these requirements are met, naturalization is not guaranteed.

The procedure for applying for naturalization according to § 14 StAG differs from normal naturalization applications. First, the required documents must be completed. You can find the BVA's download package here. The application form in particular must be filled out carefully and completely in German.

This application, together with all other required documents, must then be submitted in person to the German authorities responsible for your area. This must be observed. Although the application is ultimately processed by the Federal Office of Administration (BVA), the German diplomatic mission abroad must be involved. They will check your documents and forward your application to the BVA together with a statement. Applying directly to the BVA can lead to delays in processing your application.

After that, just wait and see. The BVA will contact you if it requires additional documents from you for further processing. In individual cases, it may be advisable to take a naturalization test before the BVA makes any inquiries, which will usually be necessary if you did not grow up in Germany.

In particular, documents proving your identity and parentage are required for the application. Suitable documents include birth certificates, passports, marriage certificates, etc. If applicable, proof of other nationalities and name changes must also be submitted. Documents and proof must generally be submitted as an official or notarized copy . Further information can also be found in the BVA information sheets.

The process of naturalization from abroad

There are some special features to consider when naturalizing from abroad. In particular, communication with the authorities is different. While in the case of "ordinary" naturalization in Germany, the application must be submitted to the foreigners authority responsible for the applicant's place of residence, there are deviations to be observed in the case of naturalization from abroad. After all, it is impossible for an applicant who does not live in Germany to be classified according to their place of residence.

Two different state institutions are responsible for the application for naturalization from abroad. One is the German diplomatic mission responsible for you. This is usually the German embassy closest to your place of residence. However, the German diplomatic mission abroad only acts as a partly necessary and partly optional "middleman" for naturalization applications from abroad. It is not the German embassy itself that decides on naturalization applications, but the Federal Office of Administration, or BVA for short, in Cologne. The BVA is generally responsible for matters relating to citizenship law that cannot be assigned to an individual foreigners authority.

As a rule, you must submit your application to the German diplomatic mission responsible for you, which will then forward your application to the BVA. In some cases, a statement from the respective embassy is required, which is why submitting your application directly to the BVA can slow down the procedure. In addition, it is usually advisable to submit your application to the diplomatic mission abroad anyway, as they can immediately certify the documents you require.

Which German diplomatic mission abroad is responsible for you depends on your place of residence. Here you will find an overview of all German embassies.

The process of naturalization from abroad

In summary, it can be said that the German legislator has created a naturalization system that is designed to enable naturalization primarily if the applicant also has their main place of residence in Germany. Nevertheless, there is also the general possibility of naturalization from abroad. However, this is extremely unlikely due to the discretionary powers granted to the German authorities and is only likely to be successful if there are strong ties to Germany and naturalization is also in the public interest.  

Nevertheless, naturalization from abroad is provided for by law in some special cases. These include, in particular, naturalization by way of restitution in accordance with Art. 116 Para. 2 GG or § 15 StAG, as well as the (re-)naturalization of a person who has lost German citizenship or has never been able to obtain it due to previous nationality regulations that are not compatible with the Basic Law.

If you would like to naturalize from abroad (or, of course, from within Germany) and believe that you meet all the requirements, or if you would like legal advice on your individual chances, please contact us. Our lawyers are experienced in citizenship law and will also be happy to help you with naturalization from abroad.

Frequently Asked Questions on naturalization from abroad (FAQ)

Even now, it usually takes up to 12 monthsuntil a decision is made on an application for naturalization. When the new law comes into force on 26 June 2024, the number of naturalization applications is expected to increase significantly will increase significantly. This will probably also increase the processing times by several months. If the authorities do not make a decision on your application for too long, it may be advisable to file an action for failure to act action for failure to act. Our lawyers will be happy to advise you on this.

According to the current legal situation, only those who give up their old citizenship can be naturalized in Germany. However, there are some exceptions to this, such as for citizens from EU member states or Switzerland, as well as for people from countries that do not allow the loss of their citizenship. From 26 June 2024, when a new law on citizenship comes into force, naturalization applicants will no longer have to give up their old citizenship. Anyone will then be able to obtain dual citizenship - provided the country of origin also allows it. You can find a list of countries that do not allow dual citizenship here.

YesThe new law does not change the rules for the naturalization test. However, as before, you do not have to take the test if you are at least a German school-leaving qualification (qualificationRealschule, Abitur etc.)a completed vocational training with a grade in the subject of social studies or a degree in the fields of law and social sciences, social sciences or politics naor politics.

In principle, language skills at level B1 or higher are required for naturalization. If you can prove a higher language level, you may be able to naturalize earlier. Theoretically, naturalization is also possible with a lower language level than B1. However, this still requires a certain knowledge of the language, as your integration into the German way of life must be guaranteed. In addition, there must be a public interest in you receiving German citizenship.

The naturalization test consists of 33 multiple choice questions, of which you must answer at least 17 correctly in order to pass. It takes one hour to complete and costs 25 euros. To prepare, you can simulate the test online or view the entire catalog of all possible questions. Where exactly you can register for the test and take it varies from region to region. You can find more information on this at your local immigration office.

Germany has embassies or consulates in almost every country in the world. There is often only one embassy per country - this is then responsible for all people from that country. In large countries in particular, however, there are often several consulates, each of which is responsible for one region. The exact distribution of responsibilities is then explained on the embassy's website. You can find a map of all German missions abroad here.

Freedom of movement in Europe, the possibility of visa-free entry into many other countries with one of the "strongest" passports in the world and protection by the institutions of the German state, even when traveling abroad, are just some of the many advantages of German citizenship. In addition, German citizens enjoy unrestricted access to the labor market of all EU countries, including the possibility of becoming a civil servant, as well as a lifelong right of residence in Germany and the EU, which does not expire even during longer stays abroad.

The new Naturalization Act (Act on the Modernization of Citizenship Law) comes into force on June 26, 2024 in force, three months after its promulgation in the Federal Law Gazette. From then on dual citizenship in principle under German law possible for all, and will in particular the minimum period of residence to five years to five years. You can read more about the details of the new law here.

Where you have to apply for naturalization depends on where you live. If you are in Germany, you must apply to the naturalization authority responsible for your place of residence. You can find out which authority this is from the foreigners authority in your town or municipality or from the district or city administration. Naturalization applications from abroad, which are processed by the Federal Office of Administration, must be submitted to the responsible German mission abroad, i.e. the German embassy or a (general) consulate.

In principle, you must not have a criminal record if you want to be naturalized. However, not all previous convictions are really relevant. For example, convictions or penalty orders of no more than 90 daily rates as well as convictions for prison sentences of up to three months that were suspended and not enforced are not taken into consideration. The same applies to previous convictions that are no longer listed in the Federal Central Criminal Register. You can find out more about exemption from punishment for naturalization here.

If you want to check whether your naturalization application would be successful, you can do our naturalization check. However, this check only gives you a first overview. If you still have detailed questions or are unsure, then it is best to contact our lawyers.

To the naturalization check

At the moment, naturalization is possible after eight years of residence in Germany, or at best after six years if you have made special efforts to integrate. However, the Bundestag has passed a new law thatreduces the general period of residencefrom eight to five years. It can also be shortened by up to two more years in the case of special integration achievements. From 26 June 2024, when the law comes into force, naturalization will therefore only be possible after three years of residence at best.

The Bundestag has passed the law to modernize citizenship law. When it comes into force on 26 June 2024, naturalization will be possible even if you want to keep your old citizenship. However, the law of the country of origin must also allow dual citizenship.

Anyone wishing to acquire German citizenship must be able to prove that they can support themselves and their dependents. to support themselves and their can support themselves. They must not be receiving benefits under the Second or Twelfth Book of the German Social Code (SGB II or SGB XII). be received. These include, for example, unemployment benefit II, basic income support in old age or in the event of reduced earning capacity and social assistance.

However, according to the new law, there are exceptionsIf you have been in full-time employment for 20 months within the last 24 months within the last 24 months, the receipt of state benefits is harmless. The same applies if your spouse or registered partnerwho lives with you and a child has been in full-time employment for 20 months within the last 24 months. And also for former guest workers and contract workers and their spouses who have joined them are also exempt from receiving state benefits such as social assistance if they are not responsible for this.

A fee of 255.00 euros is payable for a naturalization certificate for adults. The fee for a rejection notice is between 25.00 and 255.00 euros. A naturalization certificate for a minor child (i.e. up to the age of 18) who is naturalized together with someone else (co-naturalization) only incurs a fee of 51.00 euros.

The abbreviation BVA stands for Federal Office of Administration. The Federal Office of Administration deals centrally with administrative tasks that are the responsibility of the federal government. As the individual federal states are generally responsible for naturalizations, the Federal Office of Administration only processes naturalization applications that are submitted from abroad. The Federal Office of Administration is also responsible for applications for the retention or release of German citizenship, as well as applications for the determination of the (non-)existence of German citizenship or the acquisition of a declaration.

The new law on citizenship comes into force on 26 June 2024, but the processing time for an application for naturalization is usually around 12 months. The decisive factor for your application is the legal situation at the time when the authorities make a decision. It is very likely that this will not be until after June 26. This means that you can, in principle, submit an application for naturalization now, which will then be decided according to the new legal situation. If a decision is made on your application before June 26, 2024, you will first be asked to provide proof that you have been released from your existing citizenship. If you do not do this by 26.06.2024, you can benefit from the new law after this date and can retain your citizenship.

However, this varies from authority to authority and also depends on how long you have been in Germany. Our lawyers will be happy to advise you on your personal situation.

Yes, at least as far as German citizenship law is concerned. In principle, dual citizenship will be open to all foreigners, regardless of their country of origin, once the new citizenship law comes into force on June 26, 2024. However, there may be laws in the country of origin that stipulate the loss of citizenship in the event that a citizen is granted citizenship of another country. Such laws exist in countries such as China, Austria, Lithuania, Estonia and the Netherlands. In any case, we advise you to obtain information in the country of your previous citizenship.

The authorities often take a very long time to process a naturalization application due to the many documents involved. Processing times of several months to well over a year are the rule. When the Act on the Modernization of Citizenship Law comes into force on 26 June 2024, it can be assumed that waiting times will be considerably longer again because many new applications will be submitted. To help you obtain your rights more quickly, it may be advisable to file an action for failure to act. Our experienced lawyers will be happy to advise you on this. Just ask us.

We have explained this in detail in our article on naturalization.

Alternatively, you can complete our Naturalization Check.

To the naturalization check

From entry into force of the new law on nationality on June 26, 2024, the minimum period of residence in Germany only five years. With particularly good integration it can be extended to up to three years be shortened.

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