Federal Administrative Court, May 28, 2015, Case No.: BVerwG 1 C 23.14
In contrast to spousal reunification with a German citizen, spousal reunification with a foreign national no longer requires that the spouse already residing in Germany must be able to support themselves and their spouse and children without relying on public funds.
If a foreign national residing in Germany becomes a German citizen through naturalization, they can successfully apply for the reunification of their family members living abroad, even if they are receiving social benefits or are low-income earners.
To avoid burdening the social security systems, it must therefore be determined at the time of naturalization whether the foreign national is capable of securing their livelihood and that of their relatives who wish to join them.
Facts of the Case
Stateless Palestinian Seeking Naturalization
The plaintiff, born in 1972, is a stateless Palestinian who sought naturalization. He first entered Germany in 1997 and has held a permanent residence permit since 2009.
He has been married to a Jordanian woman since 2003, who lives in Jordan with their three children. An application for discretionary naturalization under Section 8 of the Nationality Act (StAG) submitted in July 2009 was denied by the naturalization authority because the plaintiff had been a low-income earner since entering Germany and would not be able to support his wife and minor children if they were to join him.
Naturalisation authority refuses naturalisation because the applicant cannot support his wife and three children
The plaintiff initially challenged the rejection before the Administrative Court, which ordered the defendant to reassess the case because the individual circumstances of the plaintiff’s livelihood had not been adequately considered.
Appeal and Higher Administrative Court Decision
The Higher Administrative Court dismissed the defendant’s appeal, concluding that the plaintiff was capable of supporting himself and his dependents within the meaning of Section 8(1) No. 4 StAG. In forecasting future livelihood security, only the dependents already residing in Germany should be considered. Additional dependents who might join the plaintiff following naturalization should only be considered if their intent to do so was concrete.
Judgment of the Federal Administrative Court
The First Revision Senate of the Federal Administrative Court granted the defendant’s appeal and dismissed the plaintiff’s claim.
The Federal Administrative Court stated that, in the case of discretionary naturalization under Section 8 StAG, the applicant must be capable of supporting themselves and their dependents.
Requirement to Secure Livelihood Applies to Relatives Living Abroad
The requirement to secure the livelihood of dependents is broadly formulated and is not limited to dependents already living in Germany or those who concretely intend to join the applicant following naturalization.
Higher Economic Integration Requirements for Discretionary Naturalization
Discretionary naturalization imposes higher requirements for the economic integration of the foreign national. The law aims not only to prevent future reliance on tax-funded social benefits but also requires solid economic conditions that ensure the applicant’s ability to support their dependents, regardless of the location of the family or the enhanced possibilities for family reunification following naturalization.
The legislature deliberately did not adopt the restrictions for the comprehensive livelihood security requirement that apply to entitlement-based naturalization (Section 10(1) No. 3 StAG). Based on the factual findings of the Higher Administrative Court, the Federal Administrative Court saw no reason to waive the livelihood security requirement on grounds of public interest or to avoid undue hardship.
Source: Federal Administrative Court
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One Response
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