Naturalization
- 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.