You've lived in São Paulo, Istanbul, or Tokyo for years. Your spouse is German, your children speak German, and you spend every summer with relatives in Swabia. But you yourself don't have a German passport. And you're wondering: Is there a way to obtain German citizenship without moving to Germany?
For a small group of people, this path exists. § 14 of the Citizenship Act (StAG) makes it possible to acquire German citizenship even from abroad. Not as a standard case, not as a matter of course, but as an exception – and only if the connection to Germany is deep enough to justify this exception.
This article explains what this concretely means. What the Federal Administrative Office understands by „close ties“. Who has realistic chances and who doesn't. What the procedure costs. And what you can do if the application is rejected.
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. This article is for general guidance only and does not replace individual legal advice. Naturalisation under § 14 StAG is a discretionary decision with high requirements. Have your specific case assessed by a RightImmigration lawyer Check.
What does § 14 of the Citizenship Act govern — and what does „discretion“ mean?
The legal text is brief. § 14 sentence 1 StAG states: A foreigner who is habitually resident abroad may be naturalised under the conditions of § 8 if there are ties to Germany that justify naturalisation.
Sentence 2 adds a special rule: If the foreigner is the spouse or registered partner of a German national, naturalisation can also take place if the partner's stay abroad is in the public interest – for example, in the case of a service posting or in the diplomatic service.
The crucial word in the law is „can“. Section 14 of the Nationality Act establishes no legal claim to naturalisation. It is a so-called discretionary decision. What does that mean? The Federal Office for Administration (BVA) in Cologne is not obliged to naturalise you, even if you meet all the formal requirements. It permission You become a citizen — but you don't have to. The BVA examines each case individually and weighs up whether naturalisation is sensible from a German perspective. Therefore, with § 14 StAG, it is not only important to meet the requirements but also to justify the application in such a way that the authority exercises its discretion in your favour.
The Double Hurdle: Public Interest and Close Ties
The text of the law only speaks of „ties to Germany that justify naturalisation“. However, administrative practice and the case law of the Federal Administrative Court require more. Two conditions must be met simultaneously:
Firstly: A public interest in naturalisation. If the reasons for naturalisation are purely personal, the application has no prospect of success. The desire to be able to travel as an EU citizen, a nostalgic connection to German culture, or the mere wish to have the same passport as one's spouse – all of this is not enough. Germany must have its own interest in gaining the person in question as a national. This interest can be economic, scientific, cultural, or related to family policy. In practice, the BVA (Federal Office of Administration) recognises a public interest primarily in the following scenarios: if naturalisation holds a family together whose German partner works abroad on behalf of Germany; if the person to be naturalised works in a field of importance to Germany – such as science, research, the economy, or culture; or if naturalisation serves to correct historical injustices in nationality law.
Secondly: ties to Germany in many respects. A single connection is not enough. The BVA expects a holistic picture that shows you are genuinely intertwined with Germany in your life — not just on paper.
What counts as „close ties to Germany“?
The BVA provides specific examples in its information sheets. None of these is sufficient on its own. What matters is the sum total:
- Family ties Close, regular contact with German relatives – parents, siblings, children, grandparents. Regular visits, shared holidays, financial or emotional support. Marriage to a German national is the strongest family tie, but does not on its own support the application.
- Previous stays in Germany: Anyone who has attended school, studied or worked in Germany and only moved abroad later has a demonstrably lived connection. Regular shorter stays, such as annual visits over many years, also count, although with less weight.
- Professional connections Activity for a German company, a German research institution, a Goethe-Institut, a German cultural institution, or an international organisation based in Germany. In practice, the question often arises: What exactly constitutes a „secondment“? The answer is: A secondment within the meaning of § 14 sentence 2 StAG exists if the stay abroad was initiated by the German employer or the German state. An employment contract with a local subsidiary of a German corporation abroad is generally not sufficient for this – there must be an actual secondment by the German employer. Freelancers working for German clients also do not fall under the definition of secondment.
- Economic ties Property ownership in Germany, investment in German companies, payment of German taxes, contributions to German social security systems.
- Education and Language: A school-leaving certificate, university degree, or vocational qualification acquired in Germany. Very good German language skills – beyond the required B1 minimum – will further strengthen the application.
- Cultural and social ties Membership in German associations, involvement in a German parish, political foundations, or the German expatriate community. Publications in the German language. Participation in German-cultural projects in the host country.
The more densely this network is woven, the stronger your position. Those who can serve four or five of these categories have completely different opportunities than someone who only relies on marriage to a German.
Who is Section 14 of the Nationality Act intended for in practice?
The categories of cases in which the BVA regularly decides positively can be narrowed down to four constellations:
Spouses of German nationals on assignments or in diplomatic service
The model case: A Brazilian woman is married to a German diplomat and lives with him in Buenos Aires. Or: A Turkish man accompanies his German wife, who has been seconded to Shanghai by a German car manufacturer. In both cases, the public interest is clear: Germany wants to keep the families of its citizens posted abroad together. § 14 sentence 2 StAG provides an express regulation for this situation.
Minor children can be included in the application in these cases as part of dual citizenship. They do not need to meet the requirements independently. The fee for them is only 51 euros.
2. Spouses of Germans also without secondment
Naturalisation is also possible outside of a secondment arrangement—however, the threshold is higher. The BVA [Federal Office of Administration] examines more closely in these cases whether, in addition to marriage, there are further ties to Germany and whether there is a comprehensible public interest in residing abroad. If the couple has lived together in Germany and moved abroad for private reasons, the prospects of success are better than if the foreign partner has never been to Germany.
3. Consequences of gender-specific unequal treatment
Until 1975, children born in wedlock only acquired German citizenship through their father. Children with a German mother and a foreign father, who were born before 1 January 1975, received nothing. Likewise, children born out of wedlock with a German father and a foreign mother before 1 July 1993.
Through the ordinance of the BMI of 30 August 2019, simplified naturalisation under § 14 StAG was created for these groups of persons and their descendants. For them, German language skills at B1 level and basic knowledge of the legal and social order are sufficient.
However, the so-called generational cut-off (§ 4 para. 4 StAG) comes into play here. What does this mean in concrete terms? Imagine a chain: A German woman married an Argentinian in 1960. Her son, born in 1962, did not acquire German citizenship – he fell under the exemption rule. His son, born in 1990 (the grandson), can also be naturalised under § 14 StAG. But if this grandson had a daughter abroad in 2001, this daughter is the first generation born abroad after 31 December 1999 – and therefore the last who can still benefit from the simplified naturalisation. The great-grandchild generation, born abroad after 1999, is excluded from the regulation. Those who belong to this group should act promptly.
4. Descendants of victims of Nazi persecution
Since 20 August 2021, § 15 StAG has provided an independent legal claim to naturalisation by way of restitution for victims of persecution by the Nazis and their descendants. In addition, there is the constitutional claim under Article 116 (2) of the Basic Law (GG) for persons who were deprived of their citizenship between 1933 and 1945 for political, racial, or religious reasons.
Anyone falling under one of these two legal bases has a claim – not just a discretionary decision. A recourse to § 14 StAG is therefore no longer necessary. Anyone who is unsure which basis is relevant should have this clarified by a legal professional. The demarcation between Article 116 (2) GG, § 15 StAG and the § 14 decree regulations is complex on a case-by-case basis.
The requirements in detail
- 14 StAG refers to the conditions in § 8 StAG. The requirement of ordinary residence in Germany is waived – but all other conditions remain:
- You must be of legal age or legally represented. Minor children can be included via naturalisation.
- Your identity and nationality must be clarified beyond doubt. This usually requires the presentation of a valid passport.
- No criminal convictions. The BVA checks whether you have been convicted of an unlawful act. Minor convictions - such as fines of up to 90 daily rates or prison sentences of up to three months suspended on probation - are disregarded according to § 12a StAG. For convictions abroad, comparability with German law is relevant.
- You must be able to support yourself financially. — in the country of residence, without state assistance. This includes adequate provision for illness, long-term care, and old age. If you cannot prove your ability to support yourself, for example due to a disability, serious illness, or because you are a pensioner with a low income, the BVA may waive this requirement in individual cases, provided the conditions of § 8(2) StAG are met – either in the public interest or to avoid exceptional hardship.
- German language skills at B1 level (Common European Framework of Reference for Languages), orally and in writing. Certificates from the Goethe-Institut, telc GmbH, or the TestDaF-Institut are recognised. A school-leaving certificate or vocational training qualification acquired in Germany is also sufficient. Section 8 (2) of the Nationality Act (StAG) may also apply to proof of language proficiency in cases of particular hardship – for example, with older applicants or in cases of proven learning disabilities due to illness.
- Knowledge of the legal and social order. The BVA may require proof in the form of a naturalisation test, which is usually taken at the responsible foreign mission.
- Commitment to the free and democratic basic order. Since the Reform 2024 More strictly interpreted: Racism, antisemitism, or any other form of contempt for humanity preclude naturalisation (§ 11 sentence 1 no. 1 StAG).
Dual Nationality: What has changed since 2024
Since 27 June 2024, the obligation to renounce one's previous nationality when becoming naturalised has been abolished. Dual nationality is generally accepted for all naturalisations.
For applicants under Section 14 StAG, this represents a significant simplification. Previously, it was often necessary to renounce one's previous nationality – which was an unreasonable condition for people living abroad and with strong ties to their country. This obstacle no longer exists.
However, whether you can actually keep your previous nationality also depends on the law of your country of origin. Some countries stipulate automatic loss of their own citizenship upon acquiring a foreign one. The BVA cannot provide information on foreign law. Please obtain information from the authorities of your home country in advance.
Section 14, Section 13, Section 15, Article 116(2) of the Basic Law - Which legal basis is the right one?
Anyone looking into naturalisation from abroad will quickly come across several regulations that appear similar at first glance. However, the distinction is important:
| Legal basis | Group of people | Entitlement or discretion? |
| § 14 StAG | Individuals abroad who were never German but have close ties to Germany | Discretion |
| § 13 Nationality Act | Former Germans who have lost their citizenship (e.g. by acquiring a foreign nationality before June 2024) | Discretion |
| § Section 15 StAG | Victims of Nazi persecution and their descendants who were unable to acquire German nationality due to that persecution | Claim |
| Art. 116 para. 2 GG | Persons who were deprived of their nationality between 1933 and 1945 for political, racial or religious reasons, and their descendants | Claim (Constitutional Law) |
Anyone entitled to claim under Section 15 of the Nationality Act (StAG) or Article 116 (2) of the Basic Law (GG) does not need to rely on discretionary naturalisation under Section 14 of the Nationality Act (StAG). The claim is stronger, the requirements are lower, and the chances of success are significantly better.
The Process: From Consultation to Deed
The process is handled entirely by the German mission abroad – travel to Germany is generally not required.
- Advice The first point of contact is the German embassy or consulate general responsible for your place of residence.
- Application form You submit the application with all documents to the foreign representation. The application cannot be submitted directly to the BVA. The embassy forwards everything to Cologne.
- Examination by the BVA: The Federal Administrative Office checks the requirements and makes the discretionary decision. Expect follow-up questions and requests for further documents.
- Naturalisation test: Typically carried out at the foreign mission.
- Handing over of the deed: If the decision is positive, the naturalisation certificate will be issued at the embassy. Before it is issued, you will make a solemn declaration of commitment to the free and democratic basic order (§ 16 sentence 2 StAG). The naturalisation only takes effect upon the actual handover of the certificate – not upon the decision.
The processing time varies significantly. In our experience, you should expect several months to over a year. The most important factors are: completeness of the documents (missing documents cost the most time), complexity of the lineage, the need for translations and apostilles, and the current workload of the BVA.
A practical tip: Documents from abroad generally need to be apostilled and translated into German by a sworn translator. Clarify with the foreign representation early on which documents are required in what form. This will save you delays.
What does the procedure cost?
The naturalisation fee is €255 per person (§ 38 para. 2 StAG). For minor children who are naturalised together with a parent, the fee is €51.
If the application is rejected, a fee will also be charged. The exact amount will depend on the administrative effort. There is no „free second attempt“ – which is all the more reason to submit the application completely and carefully the first time.
In addition, there are costs that are not incurred by the BVA but arise during the proceedings: translation costs, apostille fees, costs for the naturalisation test (currently 25 Euros), and, if applicable, legal fees for the examination and support of the application.
If the application is rejected
A refusal is not an endpoint. You can appeal against the BVA's rejection decision. If this is unsuccessful, legal action is still an option. The Administrative Court of Cologne is responsible – as the BVA is based in Cologne, and for legal actions against federal authorities, the local jurisdiction is determined by the authority's seat.
However, in the case of a discretionary decision, the judicial review standard is limited. The court does not review whether it would have made the same decision itself. It only reviews whether the BVA exercised its discretion correctly – meaning, whether all relevant factors were considered, no irrelevant considerations were made, and the legal framework was adhered to (the so-called doctrine of errors of discretion). If the BVA has provided a factually comprehensible reason why it considers the ties insufficient, a court will rarely correct this assessment.
This makes it all the more important to structure the application correctly from the outset. The presentation of ties to Germany deserves special care. Here, legal assistance can make the crucial difference – not just in the appeal process, but already at the application stage.
When naturalisation under Section 14 of the Nationality Act (StAG) has little prospect of success
Not all cases are promising. The BVA regularly rejects applications if the reasons are purely private, if there are no demonstrable concrete ties, or if the requirements of § 8 StAG are not met.
Typical scenarios in which the application is likely to fail:
- You have no German relatives, have never been to Germany, and don't speak German – but you find German culture likeable.
- You want the German passport primarily for freedom of travel within the EU.
- You are married to a German, but have no further ties to Germany – no residency, no property ownership, no professional or cultural connections.
- You cannot independently cover your living expenses in your country of residence and do not fall under the hardship provision of § 8(2) of the Nationality Act (StAG).
An honest initial assessment not only saves the fees for an unsuccessful application in these cases, but also months of waiting.
Frequently asked questions (FAQ)
Can I acquire German citizenship without living in Germany?
Yes, as an exception. § 14 of the Nationality Act (StAG) allows this if there are close ties and a public interest. The authority may naturalise you, but is not obliged to do so.
What does naturalisation cost?
255 Euros per person, 51 Euros for minor children upon naturalisation (§ 38 para. 2 StAG). A fee will also be charged upon refusal. In addition, translation, apostille, and where applicable, lawyer's fees will be incurred.
Can my children be naturalised too?
Yes. Minor children can be naturalised along with a parent. They do not have to meet all the requirements independently.
Do I have to give up my previous nationality?
Generally no, as of June 2024. Whether your country of origin permits dual nationality is determined by its law.
Do I need to travel to Germany for the procedure?
No. The entire process — application, test, certificate handover — is handled by the foreign mission in your country of residence.
What happens if my application is rejected?
You can lodge an objection and then bring an action before the Administrative Court of Cologne. However, the judicial review is limited to errors of discretion by the BVA – the court does not make its own discretionary decision.
What is the difference between § 13 and § 14 StAG?
- 13 concerns former Germans. § 14 concerns persons who were never German. Both are at the discretion of the BVA.
I used to live in Germany and then moved abroad. Does that help?
Yes, significantly. Previous longer stays in Germany – such as during school, university, or employment – are one of the strongest points of contact for the integration assessment.
Have your situation checked
Naturalisation under § 14 of the Nationality Act (StAG) is one of the most personal administrative acts recognised by German law. It is not just about a passport. It is about belonging, family history, and sometimes the correction of historical injustices. For precisely this reason, your application deserves the care that the matter warrants.
If you live abroad and want to know if naturalisation under § 14 of the Nationality Act (StAG) is a realistic option for you, have your case reviewed. Call us on 0221 - 80187670 or write to info@mth-partner.de.
Solicitors in Cologne – Advice and Representation in Asylum and nationality law
