Immigration To Germany - Naturalization

Naturalization

A person who has immigrated to Germany may choose to become a German citizen. A right to become a German citizen (Anspruchseinbürgerung) arises when a person::

• has a right to reside in Germany
• has lived in Germany legally for at least eight years
• does not live on welfare as the main source of income unless unable to work, for example, because they are a single mother with small children
• is able to speak German to 'B1' standard in the Common European Framework of Reference
• passes a Citizenship Examination. The examination tests a persons knowledge of the German constitution, the Rule of Law and the basic democratic concepts behind modern German society. It also includes a section on the constitution of the Federal State in which the applicant resides. The citizenship test is obligatory unless the applicant can claim an exemption such as illness, a disability, or old age.
• has not been convicted of a serious criminal offence
• is prepared to swear an oath of loyalty to democracy and the German constitution
• is prepared to renounce all former citizenships, unless the applicant may claim an exemption. The principal exemptions are

(a) the applicant is a citizen of another European Union country, or the Swiss Confederation; (b) the applicant is a refugee, holding a 1951 convention travel document; (c) the applicant is a from country where experience shows that it is impossible or implies extreme difficulties to be released from nationality (i.e. Iran, Morocco, Algeria, Tunisia, Syria, Lebanon); (d)such renunciation would cause the applicant serious economic harm; or (e) he possesses family ties with his former nationality that he can't renounce for either economical, political or personal reasons. In the first three cases, the exemption is of right, in the fourth and fifth cases, an application for permission to retain the nationality of origin must be made prior to naturalisation. Typical examples of the second case include where a person would be unable to inherit real property in the country of origin. (Particular problems have arise in this regard with, e.g. Turkish applicants, in the past).

A person who does not have a right to naturalisation may nonetheless acquire German nationality by discretionary naturalisation (Ermessenseinbürgerung). The applicant must fulfill certain minimum requirements.

Spouses and same-sex civil partners of German citizens may also be naturalised after only 3 years of residence (and two years of marriage).

Under certain conditions children born on German soil after the year 1990 are automatically granted German citizenship and, in most cases, also hold the citizenship of their parents' home country.

In some circumstances naturalisation is possible from outside Germany, but this is relatively rare.