Aliens law: The possibilities of foreign naturalisation for people living abroad

There are different ways to obtain German citizenship. The requirements for this are regulated in the Citizenship Act (StAG). As a rule, it is necessary to have a habitual residence in Germany in order to be naturalised.

In the following, the exceptional circumstances and their requirements are presented, on the basis of which foreigners not living in Germany can also obtain German citizenship. The article therefore deals with naturalisation from abroad. The application for naturalisation can therefore be made from abroad if certain requirements are met by the naturalisation applicant.

1. naturalisation of former Germans (§ 13 StAG)

Former Germans and their underage children have the opportunity to regain German citizenship, even if they have their habitual residence abroad.

If an application is submitted in accordance with § 13 StAG, the decision to grant naturalisation is at the discretion of the Federal Office of Administration. There is no binding entitlement to naturalisation. The application must be submitted to the competent German embassy in the country of residence of the naturalisation applicant. The Federal Office of Administration in Cologne decides on the naturalisation claim.

In principle, the following requirements must be met for naturalisation in accordance with § 13 StAG:

 

• • • Identity and citizenship must be clarified.
    • Capacity to act within the meaning of Section 37 (1) sentence 1 StAG or legal representation (pursuant to Section 8 (1) no. 1 StAG).
    • No conviction for an unlawful offence leading to a sentence or an order for a detention order (pursuant to Section 8 (1) No. 2 StAG).

As Section 13 StAG does not establish a binding entitlement to naturalisation, the granting of naturalisation is at the discretion of the Federal Office of Administration if the above-mentioned requirements are met. The following criteria are included in the discretionary decision:

Existence of a public interest

The starting point for exercising discretion is, in accordance with the meaning and purpose of the standard, whether naturalisation would be in the interests of the state in view of the applicant's particular circumstances, despite their habitual residence abroad. The personal circumstances as well as the relevant cultural, political and economic interests are weighed up. However, the personal interests of the applicant are not relevant.

An opposing public interest may be justified, for example, with regard to Section 29 (3) StAG by the fact that the loss of German citizenship was caused by the retention of the foreign citizenship. The public interest in avoiding dual nationality then stands in the way of re-naturalisation. The situation is different, for example, in cases where women who have lost their German citizenship through marriage to a foreigner in accordance with § 1 No. 6 RuStAG, where a public interest in naturalisation is generally affirmed.

However, the absence of conflicting public interests alone is not sufficient; there must be a recognisable positive interest of the state in naturalisation.

Ability to pay maintenance

The naturalisation applicant must be able to support themselves (and their family) in their current home country - without state assistance. In the case of married applicants, the income or assets of the entire family are taken into account. This also includes cover against illness, the need for care, occupational disability or incapacity to work and for old age. The reason for this is that otherwise, in accordance with § 24 SGB XII, claims for social assistance could also be asserted during a stay in another country.

Ties to Germany

Maintaining special ties to Germany can justify a public interest in the naturalisation of the applicant. These include, for example

• • • Many years of close contact with relatives and friends in Germany;
    • longer and/or regular stays in Germany;
    • Ownership of real estate or companies in Germany;
    • Knowledge of the legal and social order, which can be demonstrated by passing the naturalisation test upon request;
    • Minors who have lost their nationality without making their own decision because their parents have taken on another nationality.

Sufficient knowledge of the German language

The applicant must be able to demonstrate sufficient language skills. As a rule, this is the case if the applicant fulfils the requirements of the language test for the German language certificate (B1 of the Common European Framework of Reference for Languages) in oral and written form. Proof of this may be required if the applicant did not grow up in Germany.

2. naturalisation due to close ties to Germany (§ 14 StAG)

Naturalisation for persons who do not have their habitual residence in Germany and have never held German citizenship is possible if they have close ties to the Federal Republic of Germany. § Section 14 StAG does not establish a binding entitlement; if the requirements are met, a decision will be made at the discretion of the authorities. The application must be submitted to the responsible German embassy in the country of residence of the naturalisation applicant. The Federal Office of Administration in Cologne decides on the naturalisation claim.

In principle, the following requirements must be met:

Existence of a public interest

The starting point for exercising discretion is, in accordance with the meaning and purpose of the standard, whether naturalisation would be in the interests of the state in view of the applicant's particular circumstances, despite their habitual residence abroad. The personal circumstances as well as the relevant cultural, political and economic interests are weighed up. However, the personal interests of the applicant are not relevant.

However, general considerations such as the benefits of the immigration of young people with regard to the demographic structure in Germany are not sufficient.

Existence of the requirements of § 8 para. 1 StAG

 

• • • Capacity to act within the meaning of Section 37 (1) sentence 1 StAG or legal representation.
    • The naturalisation applicant must be able to ensure their livelihood (and that of their family) in their current home country - without state assistance. This also includes cover against illness, the need for care, occupational disability or incapacity to work and for old age.
    • No conviction for an unlawful offence leading to a sentence or an order for a detention order (pursuant to Section 8 (1) No. 2 StAG).

Existence of special ties to Germany

Special ties are required in several respects, including for example

 

• • • Many years of close contact with relatives and friends in Germany;
    • longer and/or regular stays in Germany;
    • Ownership of real estate or companies in Germany;
    • Knowledge of the legal and social order, which can be demonstrated by passing the naturalisation test upon request;
    • existing or previous marriage or, as a rule, cohabitation of several years with a German national;
    • Employment in the German public sector or in a German company.

As the spouse or registered partner of a German citizen

The prerequisite is that there is a special public interest in the German spouse's stay abroad, for example if he or she has been sent abroad for professional reasons.

Further general requirements

Sufficient German language skills

The naturalisation applicant must be able to demonstrate sufficient language skills. As a rule, this is the case if they fulfil the requirements of the language test for the German language certificate (B1 of the Common European Framework of Reference for Languages) in oral and written form.

Fulfilment of the civic requirements

Anyone over the age of 16 at the time of naturalisation must make a declaration of faith in accordance with § 16 StAG.

3. acquisition of German citizenship by declaration (§ 5 StAG)

People can now also acquire German citizenship by declaration, regardless of their habitual residence. The background to this is the possibility of redress for those who were either unable to acquire German citizenship by birth due to gender-discriminatory provisions in nationality law or who have lost their German citizenship acquired by birth. The declaration has a constitutive effect; if the requirements are met, the person making the declaration automatically acquires citizenship upon receipt of the declaration by the competent authority.

The declarant must have the capacity to act within the meaning of Section 37 (1) sentence 1 StAG or be legally represented and have been born after the Basic Law came into force, i.e. after 23 May 1949, and belong to one of the following groups of people:

 

• • • Children of a German parent (father or mother) who have not acquired German citizenship by birth;
    • Children born to a mother who lost her German citizenship through marriage to a non-German spouse before their birth;
    • Children who have lost their German citizenship acquired by birth through legitimisation because their German mother married their non-German father after their birth;
    • Descendants of the children according to one of the other alternatives.

Pursuant to Section 5 (1) StAG, persons who have been sentenced to at least two years' imprisonment or juvenile detention for a criminal offence committed intentionally or for whom preventive detention was ordered at the time of the last final conviction are excluded from the possibility of acquiring citizenship by declaration. The same applies if there is a reason for exclusion according to § 11 StAG.

Pursuant to Section 5 (2) of the German Citizenship Act, persons who possessed German citizenship after their birth but gave it up, lost it or renounced it, as well as their descendants born after the renunciation or persons adopted as children, and persons who could acquire citizenship pursuant to Section 4 (4) sentence 2 in conjunction with (1) but have not done so or could still do so, may not make the declaration.

4. naturalisation for restitution (Art. 116 para. 2 GG)

Former Germans can apply for naturalisation if they were deprived of their German citizenship for political, racial or religious reasons during the Nazi regime. This also applies to their descendants. The Federal Office of Administration decides on naturalisation for applicants living abroad.

This type of naturalisation is an entitlement naturalisation and not a discretionary naturalisation. This means that if the requirements are met, the naturalisation applicant has a right to be naturalised and the Federal Office of Administration therefore has no discretionary powers.

The following persons are entitled to compensation:

 

• • • They were deprived of their German citizenship between 30 January 1933 and 8 May 1945 due to political, religious or racial persecution.
    • You are a descendant of a person who was deprived of German citizenship between 30 January 1933 and 8 May 1945 due to political, religious or racial persecution.

In principle, the applicant is responsible for proving the withdrawal of citizenship for the reasons mentioned above. This can lead to difficulties in providing evidence. In order to ensure the effectiveness of the restitution regulation, proof can be provided under certain circumstances by proving membership of a group. This applies, for example, to membership of the Jewish faith.

5. entitlement to naturalisation for victims of Nazi persecution and their descendants (§ 15 StAG)

Since 2021, victims of Nazi persecution and their descendants have been granted German citizenship upon application if they have also suffered disadvantages under citizenship law as a result of their persecution. This is a binding entitlement; if the requirements are met, the authorities therefore have no discretionary powers and the entitlement must be granted.

This option was created to redress the injustice of those who suffered Nazi persecution but were not deprived of their citizenship and therefore have no claim under Art. 116 para. 2 of the Basic Law.

The following group of persons is entitled to naturalisation according to § 15 StAG:

 

• • • Applicants for naturalisation who are capable of acting in accordance with Section 37 (1) sentence 1 or are legally represented and who either themselves or as descendants of a person who was naturalised for political, racial or religious reasons within the meaning of Article 116 (2) of the Basic Law in the period from 30 January 1933 to 8 May 1945:
      • have given up or lost their citizenship before 26 February 1955 (e.g. through naturalisation on application in another country);
      • were excluded from legally acquiring German citizenship through marriage, legitimisation or collective naturalisation of German nationals;
      • were not naturalised after submitting their application or were generally excluded from naturalisation - which would otherwise have been possible if they had submitted an application;
      • have given up or lost their habitual residence in Germany - within the limits of 31 December 1937 - if this had already been established before 30 January 1933, or even later as a child. This applies to persons who, as foreigners, had their habitual residence in Germany before 30.01.1933, but who were then deprived of the previously given possibility of naturalisation.

Disadvantages under nationality law that have arisen as a result of one of the alternatives described in a)-d), but before or after the above-mentioned date, do not entitle the holder to naturalisation within the meaning of Section 15 StAG. This also applies if the renunciation of German citizenship was motivated by National Socialism, for example in order to leave Germany before the seizure of power.

Persons who have been sentenced to at least two years' imprisonment or juvenile detention for a criminal offence committed intentionally or for whom preventive detention was ordered at the time of the last final conviction are excluded from the possibility of naturalisation under Section 15 StAG. The application of Section 12a (1) StAG is excluded in Section 15 (1) StAG, from which it can be inferred that Section 12a (2) StAG applies. Offences convicted abroad must therefore also be taken into account if the offence would be punishable in Germany.

Furthermore, naturalisation is not possible for persons who acquired German citizenship after 8 May 1945 but subsequently gave it up or lost it. The same applies to their descendants born after the renunciation or persons who were adopted as children. Something different only applies if citizenship in these cases has been relinquished through marriage to a foreigner or legitimisation by a foreigner.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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