How older and seriously ill applicants can expedite their naturalisation under §§ 13, 14 StAG — and what facilitations the law provides
This article is for general information only and does not replace individual legal advice. The regulations presented can change at any time. For an assessment of your specific situation, please contact a lawyer specialising in immigration law.
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The core issue: The special situation of elderly and ill applicants
You live abroad, have close ties to Germany — and wish to acquire German nationality. At the same time, you are of an age or in a health condition that makes the already lengthy naturalisation process a race against time. Perhaps you are no longer able to take the required language test. Perhaps travelling to the German mission abroad is hardly possible anymore.
The Nationality Act (StAG) provides for facilitations in such cases – however, they are not easy to find and even harder to enforce. This article explains what possibilities exist, what hurdles remain, and when legal assistance can make all the difference.
Legal basis: Which route to German citizenship?
Those living abroad who wish to acquire German citizenship cannot rely on the entitlement to naturalisation under § 10 of the Nationality Act (StAG) – this requires habitual residence in Germany. Depending on the personal circumstances, different legal grounds may be relevant. It is important to differentiate between these carefully, as the requirements and prospects of success vary considerably.
Independent naturalisation claims in cases of Nazi persecution and gender discrimination
In certain cases, there is a Legal claim on naturalisation — so not a mere discretion of the authority, but a right that can be asserted upon fulfillment of the requirements:
Article 116 (2) of the Basic Law and Section 15 of the Nationality Act (repatriation naturalisation): Individuals who were deprived of their German citizenship on political, racial, or religious grounds between 30 January 1933 and 8 May 1945, as well as their descendants, have a Claim upon naturalisation. § 15 of the German Nationality Act (StAG) extends this circle to individuals who were unable to acquire German nationality due to Nazi persecution measures. The entitlement to naturalisation explicitly extends to all descendants. These are not discretionary decisions, but entitlements with a claim for reparation.
§ 5 StAG (Declaration law in cases of gender-discriminatory disadvantage): A right to declare [citizenship] exists for individuals born after 23 May 1949 to whom German citizenship was not transferred by birth due to previous gender-discriminatory provisions in the Nationality Act (RuStAG) (e.g. legitimate children of German mothers and foreign fathers before 1975), as well as for their descendants. The declaration becomes effective upon receipt by the Federal Office of Administration (BVA); no discretionary decision is made. The deadline is 19 August 2031.
For people who before born on 24 May 1949 and affected by the same gender discrimination, the § 5 StAG However, naturalisation under § 14 of the Nationality Act (StAG) is an option for them, with the public interest in naturalisation for this group of people generally being affirmed.
Naturalisation by special merit from abroad: §§ 13 and 14 StAG
Anyone not covered by the stated grounds for entitlement must rely on discretionary naturalisation.
§ 13 StAG (Re-naturalisation): For former German nationals who have lost their nationality — for example, by acquiring another nationality without a prior retention permit.
§ 14 StAG (Discretionary Naturalisation): For persons who were never German nationals but can demonstrate ties to Germany. § 14 StAG serves as a catch-all provision for cases that do not fall under the more specific grounds for entitlement (§ 5, § 15 StAG, Art. 116 (2) of the Basic Law).
In both cases it is a Discretionary decision of the Federal Office of Administration (BVA) in Cologne. Unlike, in contrast to Article 116(2) of the Basic Law, Section 15 of the Nationality Act or Section 5 of the Nationality Act — no. The requirements are high, and the proceedings are often lengthy.
Important — current status of domestic naturalisation: The StAG reform in 2024 had shortened the regular pre-residence period for naturalisation within the country from eight to five years and additionally enabled a so-called „turbo naturalisation“ after three years for special integration achievements. This three-year rule was abolished again by the Sixth Amendment to the StAG, with effect from 30 October 2025. Regular entitlement naturalisation now requires a minimum of five years of residence. The general acceptance of dual nationality remains in place. However, these regulations only apply to naturalisations that take place in the country. The requirements for naturalisation from abroad under §§ 13, 14 StAG remain unchanged. The only new development relevant for naturalisations abroad is: The renunciation of the previous nationality is generally no longer required by the German side.
What are the requirements and where are there any easements?
Naturalisation from abroad requires ties to Germany that justify naturalisation. Furthermore, the general requirements for discretionary naturalisation under § 8 StAG must be met – with the exception of residence in Germany. For older and seriously ill applicants, three areas are particularly relevant:
| Prerequisite | Regulatory requirement | Relief for Age / Illness |
| German language skills | Zertifikat Deutsch B1 (spoken and written) | Complete waiver is possible if language acquisition is not feasible due to physical, mental, or psychological illness, disability, or age-related reasons (Section 10, Paragraph 6 of the Nationality Act, by analogy). The decisive factor is individual inability – not reaching a certain age. |
| Naturalisation test | 33 Questions on Legal Order, History, Society | Waived if the requirements cannot be met due to illness, disability or age (cf. § 10 (6) StAG). A medical certificate substantiating the specific cause is required. |
| Maintenance | Proof that livelihood (including health and retirement provisions) is secured without state aid | Exception possible according to § 8 para. 2 StAG – in cases of „exceptional hardship“ or „public interest“. High hurdle: The hardship must arise specifically from the non-naturalisation. |
| Personal appearance | Application via foreign representation or directly to the BVA; naturalisation test on-site at the embassy | No legal recourse for the test itself – but if the testing requirement is lifted (see above), attending for this purpose is no longer required. Applications can be made by authorised representatives (e.g. a lawyer). |
„Special hardship“ under Section 8(2) of the Nationality Act (StAG) — what that means in practice
The concept of „special hardship“ sounds promising. In practice, however, the hurdle is high - and the case law is strict. Special hardship only exists if the Refusal of naturalisation would disproportionately affect the person concerned, taking into account all their personal circumstances, more than other applicants in a comparable situation.
Crucially, the hardness must just by not being naturalised arise or can be eliminated through naturalisation. A serious health condition alone, which is not related to naturalisation, is not sufficient according to case law. This was clarified by the Berlin Administrative Court in a widely noted decision, which the OVG Berlin-Brandenburg has now followed.
When could the hardship clause come into effect? Cases are conceivable in which naturalisation would enable access to medical care that would not be available without a German passport, or in which threatened statelessness as a consequence of losing another nationality is to be averted.
The Procedure: Jurisdiction, Process and Typical Duration
For naturalisations from abroad, the Federal Office of Administration (BVA) In Cologne, the responsible authority is not the local immigration office. The application can be submitted in writing, online, or in person at the German mission abroad. As a rule, the procedure is as follows:
- Application to the BVA (directly or via the foreign mission). The application can also be submitted by an authorised representative – a power of attorney must be attached.
- Examination by the Federal Office: The office will examine ties to Germany, financial capacity for maintenance, a clear criminal record, and will obtain an opinion from the foreign mission if necessary.
- Citizenship test (unless waived due to age or illness): The test is taken at the competent foreign mission. The compilation and evaluation are carried out by the BAMF.
- Decision and Fee Payment: Following a positive decision, the naturalisation certificate will be sent to the foreign mission.
- Handing over of the certificate: Naturalisation only becomes effective upon the actual handing over of the certificate – not upon the decision.
The duration of naturalisation procedures for foreign nationals is often, in practice, one to three years. For older or seriously ill applicants, this could mean that naturalisation comes too late.
Process acceleration: What is possible — and what is not
If an application is not decided on the merits within a reasonable period of time without sufficient reason, an action can be brought pursuant to § 75 VwGO (so-called Action for failure to actSuch an action is generally permissible no earlier than three months after an application is filed – assuming there are no valid grounds for delay. In special individual circumstances, a shorter period may also be appropriate.
For the BVA naturalisation process, the Cologne Administrative Court responsible. The courts have recently clarified that the overburdening of the naturalisation authorities, which has existed since 2020/2021, does not constitute a „sufficient reason“ within the meaning of Section 75 of the Code of Administrative Court Procedure (VwGO) if it is based on a structural organisational deficit.
Advanced age or serious illness can be an additional argument for urgency. § 75 sentence 2 of the VwGO expressly provides that „a shorter period may be necessary due to special circumstances of the case“. A medically certified, deteriorating state of health can be such a special circumstance.
Alongside, there is the path via a solicitor's progress report To the BVA. Experience has shown that authorities react more quickly when legal representation is indicated – also because the authority foresees a potential Action for failure to act takes seriously.
Which documents are required
The following overview shows the most important documents for a naturalisation application from abroad — with the special considerations relevant for old age or illness:
- Fully completed application form (available on the BVA website)
- Photographs to biometric standard
- Birth certificate and, if applicable, marriage certificate – certified and, if applicable, translated
- Proof of ties to Germany: family contacts, stays, property ownership, club memberships or similar.
- Proof of ability to pay maintenance: proof of income, pension statements, insurance certificates (health, long-term care, retirement provision)
- Medical certificate (for application for exemption from language and/or test requirements): Must concretely prove that the acquisition of language skills or participation in the test is not possible due to physical, mental, or psychological illness, disability, or age.
- Proof of German language proficiency B1 (if no exemption is requested)
- Certificate of good conduct or proof of no criminal record from the country of residence
- Declaration of Loyalty (Commitment to the Liberal Democratic Basic Order)
- Power of attorney for legal representation, if applicable
Tip: The medical certificate should not only state the diagnosis but also explicitly explain why the person concerned can permanently not meet the language and testing requirements. A general certificate („patient is ill“) is not sufficient.
Common mistakes and misunderstandings
"The BVA must naturalise me if I meet all the requirements.“
This depends on the legal basis. §§ 13, 14 of the Nationality Act (StAG) involve discretionary decisions – there is no legal entitlement. The situation is different with Article 116(2) of the Basic Law (GG), § 15 StAG, or § 5 StAG: here, a legal entitlement exists if the prerequisites are met.
"My age or my illness exempts me from all requirements.“
The exemption only applies to the language and knowledge test requirement — and even then, only if it is proven in individual cases that the requirements cannot be met due to illness, disability, or age. All other requirements (ties to home country, ability to support oneself, no criminal record, declaration of loyalty) remain in place. Exemption from the ability to support oneself is only possible under the strict conditions of § 8 para. 2 StAG.
"The 2024 reform has also changed something for me abroad.“
The relaxed conditions for naturalisation within the country (shortened to five years, guest worker generation) only applied to persons residing in Germany anyway. The additionally introduced „turbo naturalisation“ after three years was already abolished with effect from 30 October 2025. The only relevant change for naturalisations abroad remains the general acceptance of multiple nationalities.
"The action for failure to act resolves all problems.“
The action for failure to act compels the BVA to make a decision — but not a specific decision. It is a means of acceleration, not of substantive control over the outcome. And it should not be used carelessly: an action brought too soon can strain the relationship with the authority.
The factor of time — and why it changes everything for this group of people
In most naturalisation procedures, the longer processing time is annoying, but not life-threatening. The situation is different for highly elderly or seriously ill applicants. In these cases, the delay can result in naturalisation not being granted during their lifetime.
This does not just have emotional significance. Naturalisation only becomes effective upon the handover of the certificate. If the applicant dies before this point, the procedure fails – German law does not allow for posthum naturalisation.
Important for families The German nationality by descent is acquired by a child only when a parent at the time of birth was German. A later naturalisation of a parent has an effect not retrospectively on already born children or grandchildren. Therefore, anyone applying for naturalisation as an older applicant with the aim of passing on their citizenship to their family should know: only children who to naturalisation, acquire the German nationality by descent. For children and grandchildren already born, separate applications for naturalisation would have to be lodged – each with its own requirements. The situation is different for grounds for entitlement with a restitutionary character: in the case of naturalisation under Article 116(2) of the Basic Law or Section 15 of the Nationality Act, the entitlement explicitly extends to all descendants, and in the case of declarations under Section 5 of the Nationality Act, descendants can also make a declaration independently.
This is precisely why it is particularly important for this group of people to submit the application early and in full, choose the correct legal basis, and act proactively rather than waiting in cases of delay.
When legal assistance is advisable
Not every naturalisation application requires a lawyer. However, for naturalisations from abroad — particularly when age, illness or time pressure are added — legal assistance can make the difference:
Choosing the correct legal basis: Whether it's § 5 StAG, § 15 StAG, Article 116 (2) of the Basic Law, or §§ 13, 14 StAG – the eligibility requirements differ significantly. The correct path decides the chances of success and the duration of the proceedings.
Full application process: An incomplete application delays the proceedings by months. A lawyer checks in advance whether all documents are present and meet the requirements of the BVA.
Argumentation for relief: Exemption from language and testing requirements, or the application of the hardship clause, must not only be requested but also convincingly justified. This requires knowledge of current case law and administrative regulations.
Enforcement for delays: From the status update letter regarding the supervisory complaint to the action for failure to act—a lawyer knows the escalation stages and when each measure is appropriate.
Lawyer Helmer Tieben advises and represents clients nationwide and internationally in naturalisation proceedings according to §§ 5, 13, 14, 15 StAG and Art. 116 (2) GG. If you live abroad and have questions about your naturalisation application - especially in cases of health restrictions or advanced age - you can contact the firm for an initial assessment.
Frequently asked questions (FAQ)
Can I apply for naturalisation from abroad if I have never lived in Germany before?
Yes, that is possible under the conditions of § 14 StAG. However, you must demonstrate ties to Germany – such as kinship, regular stays, property ownership, or cultural connections. The decision rests with the discretion of the BVA. If claims exist under Art. 116 (2) of the Basic Law (GG), § 15 StAG, or § 5 StAG, these must be examined first.
From what age is the language and test requirement waived?
The law does not specify a fixed age. The decisive factor is whether the applicant cannot meet the requirements due to a physical, mental, or psychological illness, disability, or age-related condition. There is no automatic rule from a certain birth year. An independent medical certificate, substantiating the specific individual circumstances, is required in all cases.
How long does the procedure at the BVA take?
In practice, naturalisation procedures from abroad often take one to three years. A legal action for failure to act under Section 75 of the Administrative Court Rules (VwGO) can generally only be admissible three months after the application is lodged, provided there is no justifiable reason for the delay. In cases of particular urgency (serious illness, advanced age), a shorter period may also be appropriate.
Do I have to give up my previous nationality?
Since the StAG reform of 2024, Germany generally no longer requires the renunciation of other citizenships. Whether you retain your previous citizenship depends solely on the law of your country of origin.
What does naturalisation cost?
The administrative fee is €255 per adult. In addition, there may be costs for certifications, translations, and—if necessary—legal representation. A fee will also be charged if the application is refused.
Can my solicitor submit the application for me?
Yes. You can authorise a lawyer to submit the application to the BVA or through the foreign representation and handle the correspondence. For certain procedural steps (e.g. declaration of loyalty, and formerly the naturalisation test), personal appearance may be required.
Will my children and grandchildren who are already born automatically become German if I am naturalised?
No. German nationality by descent requires that one parent was German at the time of birth. A later naturalisation does not apply retroactively to children or grandchildren already born. Separate naturalisation applications would have to be made for them. It is different for restitution claims under Article 116 (2) of the Basic Law or Section 15 of the Nationality Act, as well as for the declaration right under Section 5 of the Nationality Act, where descendants are independently entitled.
What happens if the applicant dies during the proceedings?
Naturalisation only becomes effective upon the handing over of the certificate. If the applicant dies before this point, the naturalisation fails.
Are there expedited procedures at the BVA?
A formal urgent procedure in the sense of interim relief (§ 123 VwGO) is generally difficult in the case of naturalisations, because naturalisation only becomes effective upon handover of the certificate and a court cannot compel the authority to naturalise itself. The more practically effective way is an action for omission to act with reference to the particular urgency.
Does the declaration of legitimacy under Section 5 of the Nationality Act also apply to older applicants?
The right of declaration under Section 5 of the Nationality Act (StAG) applies to persons born after 23 May 1949 who were not granted German nationality due to gender-discriminatory regulations, as well as to their descendants. For those born before 24 May 1949, naturalisation under Section 14 of the Nationality Act (StAG) may be considered instead, with the public interest in this group of persons generally being recognised. The deadline for declarations under Section 5 of the Nationality Act (StAG) is 19 August 2031.
