Einbürgerung Verleihung der deutschen Staatsangehörigkeit für Ausländer ohne Einbürgerungsanspruch (Ermessenseinbürgerung)

§ Section 8 of the Citizenship Act (StAG)

Under certain conditions, you can also apply for German citizenship without being eligible for naturalization. Naturalization gives you German citizenship and makes you an equal citizen of the Federal Republic of Germany with all the rights and obligations of a German citizen.

Among other things, you can exercise your right to vote, enjoy freedom of movement in Europe and can also travel to many countries outside Europe.

Foreigners who are not entitled to naturalization because they do not meet the requirements can apply for discretionary naturalization.

If the legal requirements for this are met, naturalization can be granted at the discretion of the authorities if the authorities can establish a public interest in your naturalization in the individual case.

This means that you must first meet the following requirements: you must be a permanent legal resident in Germany, your identity and nationality must be established, you must have the capacity to act or be legally represented, have no (significant) criminal record, be able to support yourself and your dependent family members, have a home or accommodation in Germany, your integration into German living conditions is guaranteed and you do not support or have supported anti-constitutional activities, unless you have credibly renounced any previous persecution or support.

If you meet these legal requirements, further requirements will be examined as part of the discretionary naturalization process. You can find further information on this under the heading Requirements.

You can either request your application documents from the relevant citizenship authority or submit an application online.

The competent authority is the citizenship authority in your place of residence.

Depending on the individual case. As a rule, however:

• Valid passport and valid residence permit
• Civil status documents (birth/marriage certificate, divorce decree, death certificate of spouse), if necessary with translation, legalization or apostille
• School, vocational, training and/or study qualifications obtained in Germany / if applicable, German B1 language certificate and naturalization test / Life in Germany test
• The last three payslips
• If self-employed
  • Business registration
  • The last tax assessment from the tax office
  • Certificate from the tax advisor about the income of the last 3 months
• employment contract
• rental agreement
• Insurance history (can be obtained from the state insurance office)
• Proof of health and long-term care insurance cover
• Proof of old-age provision (e.g. property ownership, private life insurance / pension insurance)

Further documents may be required depending on the individual case.

When submitting foreign documents, please refer to the information on the homepage of the Federal Foreign Office (www.auswaertiges-amt.de) under the heading International document traffic.

Foreign certificates or documents must be submitted with a translation by an authorized translator.

You can find out which translators are authorized on the following website:

www.justiz-dolmetscher.de/suche.jsp

The translation must be firmly attached to a copy of the document and sealed.

You must have submitted an application for naturalization.

I. The following minimum requirements are stipulated by law for discretionary naturalization:

• You must reside legally and habitually in Germany,

This means: You must be a permanent legal resident in Germany; Germany is the center of your life.

• Your identity and nationality must be established,
• You must have legal capacity or be legally represented.

Anyone over the age of 16 has the capacity to act (unless they are legally incompetent or, if they are of legal age, would have to be looked after in this matter and subject to a reservation of consent).

• You must have no criminal record.

This means that you have not been convicted of an unlawful offense, nor have you been ordered to undergo a detention order due to incapacity.

The following are not taken into account

-educational measures or correctional measures under the Juvenile Courts Act

-convictions for fines of up to 90

daily rates

- sentences of up to three months' imprisonment that have been suspended and remitted after the probation period has expired.

If you are currently under investigation on suspicion of a criminal offence, the naturalization procedure must be suspended until the proceedings have been concluded.

Exception:

For reasons of public interest or to avoid particular hardship, immunity from prosecution may be waived

• You must be able to support yourself and your dependent family members.

This means that you must be able to support yourself and your dependents without receiving public benefits. The receipt of or entitlement to benefits from the basic income support for jobseekers or social assistance (e.g. unemployment benefit II) precludes naturalization. The ability to support oneself also includes sufficient social security against illness, the need for care, occupational disability or incapacity to work and for old age.

Exception: For reasons of public interest or to avoid particular hardship, the ability to support yourself may be waived

• You must live in an apartment or accommodation in Germany.
• Your integration into German living conditions must be guaranteed. This includes in particular that you are not married to more than one spouse at the same time

and

• You must not support or have supported any anti-constitutional activities, unless you have credibly renounced any previous persecution or support.

II. If the legal requirements are met, further requirements will be examined as part of the exercise of discretion.

General principles for the exercise of discretion are contained in the General Administrative Regulation on Citizenship Law.

The following applies:

a) You should have resided in Germany legally (for example with a residence permit) for at least eight years prior to naturalization

Exceptions to the period of residence

(examples):

-reduction to six years in the case of special integration achievements

-reduction to seven years in the case of successful participation in an integration course

-Reduction to six years for persons who have a refugee card or are stateless

-Reduction for former Germans

-Reduction to (maximum) three years if there is a special public interest in naturalization

-Reduction for children and spouses to be naturalized as well

b) You have an unlimited right of residence or a residence permit suitable for naturalization

Exception:

You have a residence permit that has been granted in your individual case by a hardship application or that has been granted permanently on the basis of group-related regulations for humanitarian reasons (old case regulation)

c) You renounce or lose your previous nationality

Exceptions (examples):

- if renunciation is not possible under the law of the foreign state

-if the foreign state makes dismissal dependent on unreasonable conditions

-if there is an outstanding public interest in retaining the foreign nationality

d) you should have sufficient knowledge of German (proven, for example, by a B1 language certificate)

Exceptions

• • if you are unable to provide proof due to a physical, mental or psychological illness or disability or due to age
  • if you have reached the age of 60 and have been living legally in Germany for twelve years. In this case, it is sufficient if you can communicate verbally in German without any significant problems in everyday life.

e) from the age of 16: You should have knowledge of the legal and social order as well as the living conditions in Germany (proven, for example, by a naturalization test)

Exceptions

• • if you are unable to provide proof due to a physical, mental or psychological illness or disability or due to age,
  • if you have reached the age of 60 and have been living legally in Germany for twelve years.

f) from the age of 16: You must be committed to the free democratic basic order and submit a declaration of loyalty.

• You or your legal representative must submit the application for naturalization.
• You can apply online or in writing.
• The naturalization authority will check the requirements and decide on your application.

The further procedure now depends on whether you are allowed to keep your previous citizenship or whether you have to give it up:

a) It is not necessary to give up your foreign nationality

In exceptional cases, multiple citizenship is accepted. If you are allowed to keep your previous nationality, you will be naturalized while accepting multiple nationalities.

b) Renunciation of nationality is required before naturalization

If your previous citizenship must be renounced before naturalization can be completed, you will receive a so-called naturalization assurance from the naturalization authority. This guarantees naturalization in the event that you can prove that you have renounced your previous citizenship. You must then apply to be released from your previous citizenship.

To apply for release from your existing citizenship, please contact the competent representation of the other country.

Please provide evidence of the loss of your foreign citizenship to your naturalization authority.

• If the requirements are still met, you will receive a naturalization certificate. When you receive your naturalization certificate, you become a German citizen.
• You must make the following solemn declaration before receiving the certificate: I solemnly declare that I will respect the Basic Law and the laws of the Federal Republic of Germany and will refrain from doing anything that could harm it.
• Once the procedure has been completed, the decision will be communicated to the competent registration authority, the immigration authority and the register of decisions on citizenship matters kept at the Federal Office of Administration (EStA).

• Discretionary naturalization (granting of German citizenship to foreigners who are not eligible for naturalization)
• If the legal requirements are met, naturalization can be granted at the discretion of the authorities if a public interest in naturalization can be established in the individual case.
• If there is a public interest, for example, naturalization with a shortened residence period (less than 8 years) may be possible
• The existence of the requirements for naturalization in accordance with § 10 of the Citizenship Act must be examined as a matter of priority.
• The same fees apply as for naturalization.
• Competent authority: Citizenship authority of the respective place of residence