{"id":13759,"date":"2026-05-04T19:19:30","date_gmt":"2026-05-04T19:19:30","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=13759"},"modified":"2026-05-04T19:19:30","modified_gmt":"2026-05-04T19:19:30","slug":"einbuergerung-aus-dem-ausland-bei-hohem-alter-oder-schwerer-krankheit","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/naturalisation-from-abroad-due-to-advanced-age-or-serious-illness\/","title":{"rendered":"Naturalisation from abroad in old age or severe illness"},"content":{"rendered":"

How older and seriously ill applicants can expedite their naturalisation under \u00a7\u00a7 13, 14 StAG \u2014 and what facilitations the law provides<\/i><\/p>\n

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.<\/i><\/p>\n

Wenn Sie zun\u00e4chst eine unverbindliche Ersteinsch\u00e4tzung w\u00fcnschen, k\u00f6nnen Sie hier Ihre Anfrage an uns \u00fcbermitteln. Check German nationality from abroad<\/a>.<\/p>\n

<\/span>The core issue: The special situation of elderly and ill applicants<\/b><\/span><\/h2>\n

You live abroad, have close ties to Germany \u2014 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.<\/p>\n

The Nationality Act (StAG) provides for facilitations in such cases \u2013 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.<\/p>\n

<\/span>Legal basis: Which route to German citizenship?<\/b><\/span><\/h2>\n

Those living abroad who wish to acquire German citizenship cannot rely on the entitlement to naturalisation under \u00a7 10 of the Nationality Act (StAG) \u2013 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.<\/p>\n

Independent naturalisation claims in cases of Nazi persecution and gender discrimination<\/b><\/p>\n

In certain cases, there is a Legal claim<\/b> on naturalisation \u2014 so not a mere discretion of the authority, but a right that can be asserted upon fulfillment of the requirements:<\/p>\n

Article 116 (2) of the Basic Law and Section 15 of the Nationality Act (repatriation naturalisation): <\/b>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<\/i> upon naturalisation. \u00a7 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.<\/p>\n

\u00a7 5 StAG (Declaration law in cases of gender-discriminatory disadvantage): <\/b>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.<\/b><\/p>\n

For people who before<\/i> born on 24 May 1949 and affected by the same gender discrimination, the \u00a7 5 StAG<\/a> However, naturalisation under \u00a7 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.<\/p>\n

Naturalisation by special merit from abroad: \u00a7\u00a7 13 and 14 StAG<\/b><\/p>\n

Anyone not covered by the stated grounds for entitlement must rely on discretionary naturalisation.<\/p>\n

\u00a7 13 StAG (Re-naturalisation): <\/b>For former German nationals who have lost their nationality \u2014 for example, by acquiring another nationality without a prior retention permit.<\/p>\n

\u00a7 14 StAG (Discretionary Naturalisation): <\/b>For persons who were never German nationals but can demonstrate ties to Germany. \u00a7 14 StAG serves as a catch-all provision for cases that do not fall under the more specific grounds for entitlement (\u00a7 5, \u00a7 15 StAG, Art. 116 (2) of the Basic Law).<\/p>\n

In both cases it is a Discretionary decision<\/b> 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<\/a> or Section 5 of the Nationality Act \u2014 no. The requirements are high, and the proceedings are often lengthy.<\/p>\n

Important \u2014 current status of domestic naturalisation: <\/b>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 \u201eturbo naturalisation\u201c 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.<\/b> The requirements for naturalisation from abroad under \u00a7\u00a7 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.<\/p>\n

<\/span>What are the requirements and where are there any easements?<\/b><\/span><\/h2>\n

Naturalisation from abroad requires ties to Germany that justify naturalisation. Furthermore, the general requirements for discretionary naturalisation under \u00a7 8 StAG must be met \u2013 with the exception of residence in Germany. For older and seriously ill applicants, three areas are particularly relevant:<\/p>\n\n\n\n\n\n\n\n
Prerequisite<\/b><\/td>\nRegulatory requirement<\/b><\/td>\nRelief for Age \/ Illness<\/b><\/td>\n<\/tr>\n
German language skills<\/b><\/td>\nZertifikat Deutsch B1 (spoken and written)<\/td>\nComplete 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 \u2013 not reaching a certain age.<\/td>\n<\/tr>\n
Naturalisation test<\/b><\/td>\n33 Questions on Legal Order, History, Society<\/td>\nWaived if the requirements cannot be met due to illness, disability or age (cf. \u00a7 10 (6) StAG). A medical certificate substantiating the specific cause is required.<\/td>\n<\/tr>\n
Maintenance<\/b><\/td>\nProof that livelihood (including health and retirement provisions) is secured without state aid<\/td>\nException possible according to \u00a7 8 para. 2 StAG \u2013 in cases of \u201eexceptional hardship\u201c or \u201epublic interest\u201c. High hurdle: The hardship must arise specifically from the non-naturalisation.<\/td>\n<\/tr>\n
Personal appearance<\/b><\/td>\nApplication via foreign representation or directly to the BVA; naturalisation test on-site at the embassy<\/td>\nNo legal recourse for the test itself \u2013 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).<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n

<\/span>\u201eSpecial hardship\u201c under Section 8(2) of the Nationality Act (StAG) \u2014 what that means in practice<\/b><\/span><\/h2>\n

The concept of \u201especial hardship\u201c sounds promising. In practice, however, the hurdle is high - and the case law is strict. Special hardship only exists if the Refusal of naturalisation<\/i> would disproportionately affect the person concerned, taking into account all their personal circumstances, more than other applicants in a comparable situation.<\/p>\n

Crucially, the hardness must just by not being naturalised<\/b> 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.<\/p>\n

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.<\/p>\n

<\/span>The Procedure: Jurisdiction, Process and Typical Duration<\/b><\/span><\/h2>\n

For naturalisations from abroad, the Federal Office of Administration (BVA)<\/b> 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:<\/p>\n

    \n
  1. Application to the BVA (directly or via the foreign mission). The application can also be submitted by an authorised representative \u2013 a power of attorney must be attached.<\/li>\n
  2. 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.<\/li>\n
  3. 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.<\/li>\n
  4. Decision and Fee Payment: Following a positive decision, the naturalisation certificate will be sent to the foreign mission.<\/li>\n
  5. Handing over of the certificate: Naturalisation only becomes effective upon the actual handing over of the certificate \u2013 not upon the decision.<\/li>\n<\/ol>\n

    The duration of naturalisation procedures for foreign nationals is often, in practice, one to three years<\/b>. For older or seriously ill applicants, this could mean that naturalisation comes too late.<\/p>\n

    <\/span>Process acceleration: What is possible \u2014 and what is not<\/b><\/span><\/h2>\n

    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 \u00a7 75 VwGO (so-called Action for failure to act<\/b><\/a>Such an action is generally permissible no earlier than three months after an application is filed \u2013 assuming there are no valid grounds for delay. In special individual circumstances, a shorter period may also be appropriate.<\/p>\n

    For the BVA naturalisation process, the Cologne Administrative Court<\/b> responsible. The courts have recently clarified that the overburdening of the naturalisation authorities, which has existed since 2020\/2021, does not constitute a \u201esufficient reason\u201c within the meaning of Section 75 of the Code of Administrative Court Procedure (VwGO) if it is based on a structural organisational deficit.<\/p>\n

    Advanced age or serious illness can be an additional argument for urgency.<\/b> \u00a7 75 sentence 2 of the VwGO expressly provides that \u201ea shorter period may be necessary due to special circumstances of the case\u201c. A medically certified, deteriorating state of health can be such a special circumstance.<\/p>\n

    Alongside, there is the path via a solicitor's progress report<\/b> To the BVA. Experience has shown that authorities react more quickly when legal representation is indicated \u2013 also because the authority foresees a potential Action for failure to act<\/a> takes seriously.<\/p>\n

    <\/span>Which documents are required<\/b><\/span><\/h2>\n

    The following overview shows the most important documents for a naturalisation application from abroad \u2014 with the special considerations relevant for old age or illness:<\/p>\n