Naturalization: What are the exceptions?
Naturalization in Germany usually takes place after 5 years legal residence or with a C1 language certificate and special integration achievements after 3 years. In principle, there are exceptions for some people with certain requirements for Naturalization exceptions and facilitations such as:
- Exemption from the naturalization test
- Exceptions to the language test
- Exceptions to the language test due to hardship regulations
- Hardship regulation for Naturalization in the interest of the public
- Relief for spouses and children
- Relief for people aged 65 and over
Exceptions to Naturalization through the hardship regulation
Naturalization through a hardship regulation is the case according to § 10 paragraph 4a StAG is meant. If you have attempted a B1 language examination several times and have failed the exam and can prove that you have made serious efforts, then a case of hardship applies. In this case, an A1 language certificate is sufficient as proof of language proficiency instead of a B1 certificate.
Another hardship regulation can be found in § 8 paragraph 2 StAG. According to the new Naturalization Act (StARModG), the care of relatives, the case of hardship for people with disabilities or people with health restrictions may be eligible. To make it easier for these people to prove their livelihood, they can receive supplementary benefits such as SGB II or SGB XII if the naturalization authority recognizes the case.
If you have not been granted the hardship regulation, you can file an appeal against a negative decision by the naturalization authority. The appeal is lodged with the administrative court court. The court will then review your hardship case and the decision of the naturalization authority.
Exceptions due to public interest
According to Section 8 (2) StAG, you can benefit from simplifications if there are reasons of public interest exist. These reasons (Application notes StAG page 19) exist if you work in the fields of science, research, business, culture, media, sport or public service, among others. You then have the option of applying for Naturalization with a shortened period of residence as long as the period of residence is is not less than 3 years is less than 3 years.
Exceptions to the naturalization test
There are certain exceptions that exempt you from providing proof of a successful naturalization test. You must then provide proof of the exemption that applies to you:
- Exemption for reasons of age: Senior citizens over the age of 60 who have lived in Germany for 12 years and minors under the age of 16 are exempt from the naturalization test.
- Exemption for guest workers and contract workers: Guest workers and contract workers are exempt from the naturalization test.
- Health condition or disability: An illness or disability prevents you from taking a naturalization test. You will need medical reports and certificates as proof.
- Exemption due to studies: If you have completed a course of study at a German university in the fields of law, society, social sciences, administration or political science, you are exempt from the naturalization test.
- Exemption through education: If you have completed a qualified education with political subjects and a grade of at least 4, you are also exempt from the naturalization test.
- Secondary school leaving certificate: You are exempt from the naturalization test if you have a Hauptschulabschluss or a comparable or higher school-leaving certificate and a grade of 4 in the subjects politics or social studies (political education subjects).
Exemption from the language test for Naturalization
There are exceptions to the B1 language test for Naturalization. These exceptions have the following requirements:
- Attended school in Germany: You have attended a German-language school for 4 years with promotion to the next higher grade and a grade of sufficient in German (grade 4) on the promotion certificate.
- Transfer to the 10th grade: You have been transferred to the 10th grade of a secondary school (Realschule, Gymnasium, Gesamtschule) and have achieved the grade sufficient in the subject German (grade 4) on the promotion certificate.
- Secondary school: With a secondary school leaving certificate and a grade sufficient in German (4), your B1 level is also fulfilled.
- Study in Germany: A completed degree in Germany also exempts you from the B1 certificate.
- Training in Germany: Completed vocational training in Germany is also sufficient as proof of B1.
- Integration course certificate: If the Federal Ministry for Migration and Refugees (BAMF) certifies your successful participation in an integration course you are also exempt from the language test.
- Illness or disability: If you can prove that an illness or disability makes it impossible for you to pass the B1 certificate, then you are also exempt from the language certificate.
- Proof as a guest worker or contract worker: If you came to the FRG as a guest worker or to the GDR as a contract worker, you can prove your language skills with an A1 language certificate and are exempt from the B1 language test.
Facilitated Naturalization for certain groups of persons and their spouses
Exceptions and simplifications to the requirements for Naturalization also exist for spouses of German nationals, guest workers or persons entitled to protection. They then have shortened deadlines or other simplifications.
Facilitated Naturalization for guest workers and contract workers
If you came to the FRG as a guest worker or as a contract worker in the GDR, then the following apply to you according to § 10 paragraphs 3, 4, 6 StAG various simplifications:
- An A1 language certificate is sufficient for you and you do not have to prove a B1 language level.
- It is easier for you and your family to prove your livelihood and it is also possible for you to receive public benefits.
- You do not have to take a naturalization test.
Facilitated Naturalization for spouses
Facilitation of the Naturalization of spouses of German citizens apply in accordance with § 9 StAGif you have lived with your German spouse 2 years married and you have been for 3 years legally residing in Germany. If all other requirements for Naturalization are met, you can be naturalized after just 3 years.
You can according to § 10 paragraph 2 StAG be naturalized together with your spouse and underage children if you have been legally resident in Germany for at least 4 years (3 years is sufficient for children). The condition is that all other requirements for Naturalization are met
In Berlin, according to the procedural instructions it is also possible for spouses of foreigners who meet the requirements to be naturalized after 3 years. The spouse does not have to no C1 certificate and special integration achievements if he or she is also naturalized. Both you and your minor child can be naturalized if you have been living legally in Germany for 3 years and have been married for at least 2 years. The reason for this is to create a family unit.
The proof of livelihood can apply to you in the case of an exception (receipt of public benefits) in accordance with § 10 Paragraph 1 No. 3c StAG if your spouse works full-time and 20 months of the last 24 months (2 years) were gainfully employed was employed. Please note that this process only works if you are looking after the children and the exception is therefore necessary!
Facilitated Naturalization for persons entitled to protection
Even if you are a person entitled to protection, there are exceptions for you. The simplifications relate to the time limits for legal residence in Germany. Your asylum period will be reduced in accordance with § 55 paragraph 3 AsylG is taken into account for residence. The basis for this is recognition as a person entitled to asylum or the granting of international protection.
The following persons with protection status and are affected by this relief:
- People who are entitled to asylum (Section 25 (1) AufenthG),
- People who have refugee status have been granted refugee status (§25 Para. 2 (3) AufenthG and
- People with subsidiary protection status (Section 25 (2) (4) AufenthG).
Facilitated Naturalization from the age of 65
If you are 65 years old and are applying for Naturalization , you will be subject to simpler requirements for the language and naturalization test.
There are 2 facilitation options:
- You are 60 years old and have been living legally for 12 years in the federal territory. Then an A1 level is sufficient for the language certificate.
- You are 65 years old and can prove that you have difficultiessuccessfully complete the language test or the naturalization test due to your age. Then you are exempt from both according to § 10 paragraph 6 AufenthG.
In both cases, this is a discretionary discretionary decision. Additional evidence may be required to prove that you are unable to demonstrate language skills at B1 level or pass the naturalization test (example 2) due to your advanced age or illness.
Facilitated Naturalization for people with disabilities
If you are a person with a disability, there are also exceptions for you in terms of various requirements for Naturalization naturalization:
- Language certificateWith proof of your disability, you are exempt from the language requirement in accordance with Section 10 (6) AufenthG.
- Naturalization test: You do not have to take the naturalization test if you have proof of your disability.
- Livelihood: Depending on the naturalization authority, the hardship regulation according to § 8 Para. 2 StAG may make it easier for you to support yourself if you receive benefits according to SGB II or SGB XII and can prove that you have made every effort to secure your livelihood on a permanent basis.
Facilitated Naturalization for people with health restrictions
If you are a person with a health impairment, you may also be eligible for relief for Naturalization . Upon presentation of medical certificates regarding your health restrictions, you are exempt from the naturalization test and language certificate. Furthermore, you may benefit from exemptions from the hardship provision under Section 8 (2) StAG (see for people with disabilities and carers).
Facilitated Naturalization for former German nationals and their descendants
If you are a former German, or a minor descendant according to § 13 StAG and live abroad, you can be naturalized if there is a public interest in your Naturalization . You can apply directlyif you meet all the requirements, are capable of acting and your identity has been clarified. You can submit the application to the German diplomatic mission in the country where you are staying or directly to the BVA (Federal Office of Administration).
The BVA recommends submitting the application via the German diplomatic mission abroadbecause it must issue a statement. The final decision on your application will be made by the BVA in a discretionary decision. The BVA will then forward the naturalization certificate to the German diplomatic mission abroad. Please note: There is no legally enforceable right to naturalization: this is a matter of discretion for the state!
Facilitated Naturalization since 2024
With the new naturalization lawwhich has been in force since 27 June 2024, naturalization is Naturalization is significantly easier compared to before. Naturalization now takes place after 5 years instead of the previous 8 years. If you have a C1 certificate and special integration achievements (e.g. voluntary work, professional achievements), your application will also work after 3 years. In addition dual citizenship is now permitted by German law if your home country also recognizes it.
The current Naturalization Act also makes it easier for facilitations for guest workers and contract workers who came to the FRG or GDR. They benefit from simplifications regarding language certificates (A1 certificate is sufficient) and the naturalization test (exemption from the naturalization test) and proof of livelihood (public benefits may be received).
When am I exempt from Naturalization ?
With some temporary residence permits you are exempt from Naturalization because these Residence permit are blocked for Naturalization . You must then change to a Residence permit that entitles you to Naturalization , preferably a Settlement permit. With the following residence permits Naturalization is not possible:
- Residence permit for study purposes and education§§ 16a-16f and 17 AufenthG
- Residence permit for research purposes: § 18f Residence Act
- ICT card or mobile ICT card: §§ 19, 19b Residence Act
- European Voluntary Service: § 19e Residence Act
- § 20 AufenthG to look for a job
- § 22 Residence Act
- § Section 23a AufenthG (Granting of residence in cases of hardship)
- § Section 24 AufenthG (Residence permit for temporary protection)
- § Section 25 (3-5) AufenthGResidence permit with prohibition of deportation and temporary stays)
- § Section 104c AufenthG (Opportunity right of residence)
Irrespective of residence permits, you may be excluded from naturalization for these additional reasons be excluded from Naturalization naturalization:
- You have committed serious criminal offenses whose conviction is above the de minimis threshold and which have not yet been expunged.
- They violate the points Extremism and hostility to the constitutionwhich are set out in Section 10 (1) (anti-Semitic, racist and inhuman acts).
- They have not sufficiently integrated in Germany.
- You have given false information when you submitted your application.
- You are simultaneously married to more than one spouse or despise the equal rights of men and women according to § 11 sentence 1 number 3 StAG.
We help with questions about the exceptions to Naturalization!
If you are unsure whether you are excluded from Naturalization , or whether you have a suitable Residence permit for Naturalization we can help you. Switching to a residence permit approved for Naturalization creates more security and allows you to plan your application better.
We at Migrando have years of experience in assisting clients with the naturalization in the naturalization process and in communicating with naturalization authorities. Let us check together whether you have any reasons for exclusion and how you can overcome them!
FAQ - Frequently asked questions about the exceptions to Naturalization
Yes, there are exceptions for certain groups of people such as guest workers, people who have completed school, university or vocational training in Germany, people who are exempt from requirements due to illness, disability or old age, or for spouses of German nationals and their children.
The hardship regulation is based on § 8 paragraph 2 StAG if you are caring for a relative or if you are a person with health restrictions or a disability. The decision is made by the naturalization authority. If a case of hardship is determined, you can also provide evidence of your livelihood by benefits according to SGB II or SGB XII to prove your livelihood.
You cannot be naturalized if your Residence permit is blocked for Naturalization (§ 10 Paragraph 1 Number 2 StAG), for example if your Residence permit is only valid for the purpose of study, training or temporary protection. You will also be barred if you have committed crimes that have not been repaid, anti-constitutional acts, lack of integration, false information in your application or multiple marriages.
In force since June 27, 2024 the current Naturalization Act. You can apply for Naturalization after 5 years and with a C1 certificate and a special integration achievement (e.g. voluntary work), Naturalization is also possible after 3 years. In addition, dual citizenship is stipulated in the Citizenship Act and is therefore possible if your home country also recognizes multiple citizenship.
Yes, there are various exceptionsthat allow you to Naturalization without a naturalization test. Exceptions apply, for example, to guest workers or contract workers, people who have completed school or training in Germany or if illness, disability or old age exempt you from the naturalization test.
