Naturalization in Berlin
Acquisition of German citizenship through naturalization in Berlin
There are numerous advantages that come with holding German citizenship. For example, the right to unrestricted freedom of movement within Europe and the possibility to enter many countries of the world without a visa. The German citizenship opens the free access not only to the German, but also to the European labor market and one is able to start the way to a civil service.
According to the German Citizenship Act (StAG), German citizenship can be acquired in various ways, for example by birth, the expellee procedure, declaration or naturalization.
Requirements for naturalization in Berlin
There is a legal entitlement to naturalization in Berlin if the following requirements are met:
- Capacity to act
- Ordinary and legal residence in Germany for 8 years
- No ambiguity about previous nationality and identity
- Commitment to the free democratic basic order of the Basic Law
- Possession of a permanent right of residence or a specific residence permit
- Secured livelihood for you and your family members
- No felony conviction;
- Sufficient knowledge of German
- Sufficient knowledge of the legal and social order as well as living conditions in Germany
Requirement of the ability to act
To apply for naturalization in Berlin, you must be capable of acting. In terms of the Citizenship Act, a person is capable of acting if he or she has reached the age of 16. Upon reaching the age of 16, an application for naturalization can be made independently. However, minors under the age of 16 may also apply for naturalization. In such a case, however, a legal representative must file the naturalization application in Berlin. The legal representative is usually the minor's parents, who then act on behalf of the minor in the naturalization process in Berlin.
Ordinary and legal residence in Germany
One of the main requirements for naturalization in Berlin is linked to previous residence in Germany. In order to be naturalized, the applicant's habitual and lawful place of residence must generally have been in Germany for more than five years. In certain situations, however, this required period of habitual and lawful residence can be shortened.
The prerequisite for this shortening is that your livelihood is secured, that you have German language skills at level C1 or higher, and that you can prove special integration achievements (e.g. particularly good performance in school, training or work) or civic commitment (e.g. voluntary work).
Identity verification
For naturalization in Berlin, it must be possible to clearly establish identity and nationality. Difficulties may arise if the home country does not have a state structure, for example, and reliable information is therefore not possible.
Verification of identity and citizenship can be done in a three-step process. The easiest way to provide proof is by means of a passport, passport replacement or other official identity documents with a photograph. If it is impossible or unreasonable to obtain these documents, in the second stage the identity and nationality can also be proven by means of other suitable official proof, such as a driver's license, service ID card, military ID card, birth certificate etc.
If this is also not possible, in the third and most difficult stage, the proof can also be carried out by non-official documents or possibly also by witness statements.
In case of ambiguities and complications, we will be happy to advise you.
Commitment to the free democratic basic order / Declaration of loyalty
During the naturalization process in Berlin, you must prove that the naturalization you are applying for is not detrimental to Germany's free democratic basic order. This requires that you declare your commitment to the free democratic basic order and to Germany's special historical responsibility for the unjust National Socialist regime. In addition, there is an obligation to declare that you do not belong to any anti-constitutional or extremist group or have not belonged to one in the past, nor have you supported or endorsed one.
In principle, these declarations and the associated declaration must be submitted when applying for naturalization in Berlin. However, this is possible at the latest before the naturalization certificate is presented. This obligation does not apply in the event of incapacity to act.
Permanent right of residence or special residence permits
The prerequisite for naturalization is the possession of a settlement permit at the time of naturalization. Otherwise, the possession of a temporary residence permit is also sufficient, provided that it serves a permanent, or at least not only temporary purpose. Which temporary residence permits allow naturalization can be found in the adjacent box.
Special residence permits
- For the purpose of gainful employment(§ 18a AufenthG or § 18b AufenthG)
- EU Blue Card(§ 18g AufenthG)
- For the purpose of mobility within the framework of studies(§ 16c AufenthG)
- For the purpose of exercising other qualified activities or employment as a civil servant(Section 19c AufenthG)
- For the purpose of employment for qualified tolerated persons(Section 19d AufenthG)
- For the purpose of self-employment(§ 21 AufenthG)
- After incontestable recognition of asylum or the granting of refugee status or subsidiary protection(§ 25 Para. 1, 2 AufenthG)
- Residence permit for well-integrated young people and young adults(Section 25a AufenthG) and in the case of sustainable integration(Section 25b AufenthG)
- For family reasons(§§ 27 to 36 AufenthG)
- To exercise the right to return(Section 37 Residence Act)
- Residence permit for former Germans(§ 38 AufenthG)
- Opportunity card(20a AufenthG)
- For reasons of international law, humanitarian or political reasons(23 para. 1 AufenthG)
Secured livelihood without state funds
In order for the application for naturalization in Berlin to be approved, the livelihood of the applicant and the dependent family members must be ensured. The applicant's livelihood must be secured without recourse to state assistance under Social Code II (SGB II) and Social Code XII (SGB XII). Such assistance benefits include unemployment benefit II (SBG II) or social assistance within the meaning of SGB XII. However, this does not include public benefits such as unemployment benefit I, child benefit, child supplement, child-raising allowance, parental benefit or BAföG.
If you have been in full-time employment for at least 20 months in the last two years your livelihood is automatically guaranteed. The same applies if your spouse, with whom you are raising a child, has worked for 20 months in the last two years. There is also an exception for people who previously came to Germany as contract or guest workers: for them, receiving state benefits is only a problem if they themselves are responsible for this.
Overall, the requirement of secure livelihood is future-oriented. This means that the Berlin authorities use your current situation and past history to make a forecast as to whether you are likely to be dependent on social benefits in the future. For this reason, you must also be able to prove that you have made sufficient provisions for your old age - i.e. paid into the statutory pension insurance.
Dual citizenship
To avoid dual citizenship, it was long a prerequisite for naturalization in Berlin that the previous citizenship be renounced or lost. However, this has changed since June 27, 2024, when a new law came into force that allows multiple nationalities. So now, from the German side, dual dual citizenship is now the new standard for naturalizations.
The only requirement for obtaining dual citizenship is that your country of origin also allows multiple citizenship. This is not the case in some countries. In these countries, nationality law stipulates that citizenship is automatically lost if you are naturalized in a foreign country. You can find out which countries have such laws in our FAQ.
No conviction as a felon
As part of the naturalization process, it is checked whether the applicant has been convicted of a criminal offense in the past. There is an obligation to provide truthful information.
This requirement does not take into account convictions for fines of up to 90 daily rates or prison sentences of up to three months that have been suspended and remitted after expiry of the probationary period. Convictions that have already been served are also not taken into account.
In detail, we explain the requirement of impunity here.
Language skills and knowledge of the legal and social order
In order to be naturalized in Berlin, you must also have cultural and social knowledge. A language test and a "naturalization test" must prove that your language skills correspond to level B1 and that you have sufficient knowledge of the German legal and social system.
For people who came to the Federal Republic as part of the contract and guest worker generation, however, an exception applies with regard to language skills: they only have to show that they can communicate orally in German in everyday life without any significant problems.
Co-naturalization
When applying for naturalization in Berlin, it is possible to have spouses, registered partners and minor children naturalized as well under lower requirements. In particular, this is also possible if their residence has not yet been lawful in Germany for 8 years.
If you intend to apply for naturalization in Berlin, please feel free to contact us. We will be there to help and advise you throughout the process as experienced lawyers in migration law.
FAQ
Do I have to give up my old citizenship in order to naturalize in Germany?
Since the new Naturalization Act came into force on 27 June 2024, those wishing to naturalize no longer have to give up their old citizenship. According to the new legal situation, anyone can 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.
How well do I have to speak German to be naturalized?
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.
Is naturalization possible after three years?
The general period of residence that must be fulfilled for naturalization is five years. It can be shortened by up to two additional years in the case of special integration achievements, for example in work, school or voluntary work. At best, naturalization is therefore possible after just three years of residence.
Can I be naturalized in Germany if I want to keep my previous citizenship?
Is naturalization possible despite a criminal record?
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.
Where can I take the naturalization test?
In Germany, you can register for and take the naturalization test at all participating institutions. These institutions differ regionally within Germany. We have sorted all institutions by federal state for you:
Tip:
You can register for the naturalization test throughout Germany, but answer the questions of the federal state in which you live.
Where do I have to apply for naturalization?
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.
Can I be naturalized if I receive social assistance?
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, receiving state benefits is not harmful. 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.
Do you still have to take a naturalization test under the new Citizenship Act?
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.
Is naturalization possible without giving up the previous citizenship in any case?
Yes, at least as far as German citizenship law is concerned. In principle, dual citizenship has been open to all foreigners, regardless of their country of origin, since June 27, 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.
How much does naturalization cost?
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.
What will be the minimum period of residence for naturalization in the future?
Since the new law on citizenship came into force on June 27, 2024, the minimum period of residence in Germany is now only five years. It can be shortened to up to three years in cases of particularly good integration.
What are the requirements to become a naturalized citizen?
We have explained this in detail in our article on naturalization.
Alternatively, you can complete our Naturalization Check.
When will the new Naturalization Act come into force?
The new Naturalization Act (Act on the Modernization of Citizenship Law) comes into force on June 27, 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.
What are the advantages of German citizenship?
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.
Can I apply for naturalization now if I want the provisions of the new law (dual citizenship, shorter period of residence, etc.) to apply to me?
The new law on citizenship comes into force on 27 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 27. 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 27, 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 June 27, you will be able to benefit from the new law after this date and 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.
How does the naturalization test work?
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.
How long does it take to process a naturalization application?
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. Since the Act on the Modernization of Citizenship Law came into force on 27 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.
How long will it take for a decision to be made on my naturalization application?
It usually takes up to 12 months for a decision to be made on an application for naturalization. The new Naturalization Act has also been in force since 27 June 2024. It is therefore to be expected that the number of naturalization applications will increase significantly. As a result, processing times are also likely to increase 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. Our lawyers will be happy to advise you on this.
Can I check if I meet all the requirements for naturalization?
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.