Immunity from prosecution for naturalization

In your application for naturalization, you must state, among other things, whether you have already been convicted of a criminal offense in the past. If you give false information when answering this question, you may be liable to prosecution according to § 42 StAG. It is therefore important that you provide complete information here. In the following article, we explain what counts as a conviction and whether any conviction, even for minor offenses, can result in your being denied naturalization.

What counts as a conviction?

In principle, any criminal judgment against you is relevant for determining your exemption from punishment in the context of naturalization, regardless of whether a fine or a custodial sentence was imposed. Particularly important: Criminal orders that have been issued against you must also be stated. This is because, on the basis of Section 410 (3) of the Code of Criminal Procedure, a penalty order against which an appeal has not been lodged in good time is equivalent to a final judgment.

Measures of improvement and safeguarding, which are imposed when someone has committed a criminal offense but is incapable of committing it, are also relevant for determining exemption from punishment. Likewise, all possible convictions by foreign courts must be stated. However, these only prevent naturalization if the same act is also punishable in Germany, the foreign sentence is proportionate and the sentence was handed down in a constitutional procedure.

If a case against you has been dropped or you have been acquitted, this of course does not stand in the way of naturalization.

What penalties are disregarded for impunity?

Pursuant to Section 12a StAG, convictions for fines of 90 daily rates or less are generally disregarded in the context of naturalization. The same applies to sentences of up to three months' imprisonment which have been suspended and remitted after expiry of the probationary period. Certain sentences under the Juvenile Courts Act, such as educational measures and disciplinary measures, are also generally irrelevant. If one of these punishments has been imposed on you, you are nevertheless considered to be exempt from punishment for the purposes of naturalization.

If there are several convictions of less than 90 daily sentences or three months on probation against you, these are added together, whereby one daily fine corresponds to one day of imprisonment. If the sum of the sentences exceeds the maximum limit of 90 daily sentences or 3 months, naturalization is generally not possible. However, if the sum is only slightly above the limit, the authorities can decide in individual cases whether naturalization should not be possible.

Crimes committed for anti-Semitic, racist, xenophobic or other inhuman motives do not benefit from the just mentioned materiality limits. If one or more of these motives have been established in the verdict, then even sentences of less than 90 daily sentences or 3 months' imprisonment on probation prevent naturalization.

How long do criminal convictions remain relevant to immunity from prosecution?

Convictions that have already been removed from the Federal Central Register or have yet to be expunged are not taken into account when processing an application for naturalization - you are therefore considered to be free of criminal convictions again. When a criminal judgment is to be erased is determined by §§ 45, 46 BZRG. Some sentences that impose lighter penalties are ready for expungement after five years, while some particularly serious offenses are never expunged.

Attention: The certificate of good conduct differs from the Federal Central Register! It is quite possible that convictions no longer appear on the certificate of good conduct or were never entered there, but that you are still considered not to have committed a crime.

For the relevance of a conviction in the context of naturalization, however, it is irrelevant whether you have already indicated this conviction when applying for a residence title and it was treated as irrelevant there. The naturalization authority may decide differently than the foreigners authority, so always indicate such convictions as well.

Outlook

It is not always entirely clear when you are actually exempt from punishment in the sense of naturalization law. Mistakes can easily be made here, which can quickly have fatal consequences, including criminal liability, especially if the information in your application is incomplete. To avoid this and to obtain a reliable prognosis about the chances of success of your application from the very beginning, we recommend that you seek legal assistance. Our experienced attorneys will be at your side as reliable contacts throughout the proceedings and will ensure that your application has the best possible chance of success.

For more information on naturalization, click here.

FAQ on naturalization

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.

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.

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 Bundestag has passed the law on the modernization of citizenship law. When it comes into force on 27 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.

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.

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.

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.

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.

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.

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.

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.

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:


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You can register for the naturalization test throughout Germany, but answer the questions of the federal state in which you live.

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.

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.

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.

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.

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.

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

Alternatively, you can complete our Naturalization Check.

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 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.

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