Stuttgart Administrative Court of 30 June 2022 (Ref.: 4 K 1014/22)
Naturalisation rejected - even though the applicant has been married to a German citizen for years and lives in Germany. This revealing case shows why the Stuttgart Administrative Court nevertheless rejected the Thai applicant.
What was it about?
The applicant, a Thai citizen, had been living in Germany since her marriage to a German man in 2013. Her residence was based on a visa for family reunification. Over the years, she received various residence permits - most recently a settlement permit.
In December 2017, she applied for German citizenship. However, the competent authority rejected her application on the grounds that key requirements for naturalisation were not met. The woman appealed against this decision - without success.
The court says no to naturalisation - for several reasons
1. Missing residence permit at the time of the decision
The central prerequisite for naturalisation pursuant to Section 10 of the Citizenship Act (StAG) is a "qualified", permanent residence permit. This was precisely what was missing at the relevant time. The city had revoked her settlement permit in 2020 - with the result that she had been formally residing in Germany illegally ever since.
Practical relevance: Even if an appeal is lodged against the withdrawal, the following still applies from a legal point of view: the stay is considered illegal until a decision is made.
2. Livelihood not secured
Another sticking point was the applicant's financial situation. Naturalisation requires the applicant to be able to support themselves and their family independently - without benefits under SGB II or SGB XII (i.e. Hartz IV or social welfare).
In fact, the claimant received benefits from the job centre on several occasions. Her information on her self-employed husband's income was incomplete and there was no proof of pension or health insurance. Her own employment was also uncertain - the employment relationship was still in the probationary period at the time of the hearing.
The court emphasised: Anyone who is permanently and stably economically integrated also demonstrates social integration - and that is a prerequisite for a German passport.
3. Lack of cooperation - in particular with regard to the declaration of commitment
Naturalisation also requires a clear commitment to the free and democratic basic order. Although the applicant had signed a declaration to this effect, she did not appear at the hearing. The court was therefore unable to check whether she had understood the content of the declaration.
What does this mean for naturalisation applicants?
This case illustrates how high the hurdles are for naturalisation in Germany - especially if you do not have a long, stable employment history.
Applicants should note the following points:
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Legal residence: Withdrawal of the residence permit - even if there is an objection - can make naturalisation impossible.
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Secure livelihood: Temporary employment or unclear income circumstances (e.g. in the case of self-employment) can also be problematic. Important: Proof of health insurance and pension insurance are also included.
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Seamless co-operation: The authorities (and the court) must be presented with complete documentation. Anyone who fails to provide relevant evidence by the deadline jeopardises their application - regardless of how long they have been living in Germany.
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Personal appearance: Anyone who evades a judicial review (e.g. of a declaration of confession) considerably weakens their own position.
Conclusion: Naturalisation is more than just a formality
The case clearly shows that even marriage to a German citizen and many years of residence are not enough for naturalisation. The decisive factors are economic independence and active participation in the procedure.
Tip for applicants: Seek comprehensive advice before submitting your application and make sure that you can prove that you fulfil all the requirements - ideally with documents that are not only up to date but also sustainable.
Source: Administrative Court Stuttgart
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