Requirements for Naturalization as a spouse
Naturalization as the spouse of a German citizen offers a number of advantages. Certain requirements must be met in order to successfully take this step. These vary depending on whether the spouse already has German citizenship or not.
Co-naturalization of foreign spouses
If you are the spouse of a foreign citizen and would like to acquire German citizenship together, you must fulfill the following conditions in order to apply for Naturalization :
- Legal residence for 4 years: The foreign spouse must have lived legally in Germany for at least four years.
- Legal basis § 10 para. 2 StAG: Quote according to § 10 para. 2 StAG: "The spouse or registered partner and the minor children of the foreigner can also be naturalized in accordance with paragraph 1."
- Marriage has existed for at least 2 years: The marriage to the foreigner must have existed for at least two years in order to prove the stability and seriousness of the relationship.
- Secured livelihood by a family member: The applicant's livelihood must be secured by a family member in order to ensure financial independence and security.
Naturalization with German spouse
If you are the spouse of a German citizen, slightly different rules apply to you:
- Legal residence of 3 years: The applicant must have lived legally in Germany for at least three years
- Legal basis § 9 StAG: Quote from § 9 StAG: "Spouses or registered partners of Germans shall be naturalized under the conditions of § 10 paragraph 1."
- Marriage has existed for at least 2 years: Here too, the marriage must have existed for at least two years.
- Secured livelihood through a family member: As with the co-naturalization of foreign spouses.
The following additional requirements must be met by you in both cases for a successful application to Naturalization :
- Clarification of identity and nationality (proof of passport or alternative identity documents such as birth certificate, marriage certificate, etc.).
- Successful naturalization test (proof of knowledge of the legal and social order and of living conditions in Germany).
- Signed declaration of loyalty and commitment to the free democratic basic order.
- Language skills (B1 certificate).
The process of Naturalization as a spouse
The process of acquiring German citizenship as a spouse requires you to prepare carefully and follow specific steps. These steps include thinking about the documents and the ideal procedure for submitting the application.
Steps for the application
The naturalization process for you begins with the application and includes several necessary steps:
- Application to the relevant naturalization authority: The first step is to submit your application to the local naturalization authority. Make sure you are well informed in advance and remember to make an appointment in good time.
- Submission of required documents: You must submit all necessary documents completely and correctly. An incomplete submission may delay the processing of your Naturalization .
- Lawsuit for failure of act include: The number of people applying for Naturalization is increasing and will increase again with the new Naturalization Act. You should therefore take Lawsuit for failure of act into account if you do not receive a response from the naturalization authority after 12 weeks of processing.
- Processing time and fees: The processing time varies depending on the authority and individual situation.
Required documents
Submitting the right documents is crucial for the smooth running of Naturalization:
- Valid passport and Residence permit: A valid passport and a valid Residence permit are basic requirements.
- Marriage certificate: This proves the marriage and must be submitted as an original or a certified copy.
- Proof of language proficiency (B1): A certificate of sufficient language skills at at least B1 level is required. These language skills can be proven through various language tests or integration courses.
- Proof of simplified language skills: If you belong to the group of people with simplified language skills according to the new Naturalization Act, you must provide proof of these.
- Proof of successful completion of the naturalization test: If there is no exception for you in the naturalization test, you must provide proof of a successful naturalization test.
- Signed declaration of loyalty.
- Proof of income and proof of secure livelihood: This includes payslips, tax statements or other evidence confirming financial stability.
New regulations in the Naturalization Act 2024
On June 27. 2024, the new Naturalization Act comes into force. The law makes changes to the requirements for Naturalization in Section 10 StAG.
Facilitations and changes
The most important changes and simplifications in the new Naturalization Act include:
Dual citizenship is permitted: The new law allows dual citizenship. This means that you no longer have to give up your previous citizenship or choose between two citizenships. The previous exceptions according to § 12 StAG are no longer necessary.
Adjustments to the proof requirements: The requirements for proof of language skills may become easier. If you came to Germany years ago as a guest worker, or attended a German school for more than 4 years or have German vocational training, then the required language skills are easier.
- Naturalization after 5 years: Co-naturalization used to require 8 years of legal residence. With the new law, the minimum threshold for legal residence has been reduced from 8 years to 5 years.
- Naturalization after 3 years: With special integration achievements such as a C1 certificate in combination with voluntary work or academic/professional achievements, you can apply for Naturalization after 3 years under the new law.
Conclusion and summary of Naturalization as a spouse
The Naturalization as a spouse brings you many advantages and facilitates your integration into German society. It is important to know the necessary requirements and to follow the necessary steps carefully.
Summary of the most important points
Prerequisites:
- Legal residence permit for 4 years if your spouse is also a foreign citizen.
- Legal residence for 3 years if your spouse is a German citizen.
- You must have been married for at least 2 years.
- The livelihood must be secured by a family member.
New regulations in the Naturalization Act 2024:
- Dual citizenship is now permitted. You no longer have to give up your previous nationality.
- Easier requirements for proof of language skills. If you came to Germany as a guest worker or attended a German school for a longer period of time, proof of this is sufficient.
- Reduction in the required length of stay: The minimum limit has been reduced from 8 to 5 years. In the case of special integration achievements, you can apply for Naturalization after just 3 years.
Procedure for Naturalization:
- Submit your application to the relevant naturalization authority and make an appointment in good time.
- Submit all required documents, such as your passport, Residence permit, marriage certificate, language certificate and proof of income.
Outlook for the future of Naturalization as a spouse
The new provisions of the Naturalization Act 2024 will make the naturalization process more transparent and accessible for you. The dual citizenship permit and the shortened residence periods will open up new opportunities and prospects for you. These developments will promote your integration and strengthen coexistence in German society.
Please note, however, that the high number of naturalization applications due to the new law may lead to longer waiting times. Be prepared for the fact that the processing of your application may take longer than usual. It is advisable to take all necessary steps early on and to remain patient while your application is being reviewed.
FAQ - Frequently asked questions about Naturalization as a spouse
Your spouse can obtain German citizenship and thus a German passport if the legal requirements are met. This includes legal residence in Germany and an existing marriage of at least two years. If your spouse is already a German citizen, the foreign spouse must have lived in Germany for at least three years. For foreign spouses, the required period of residence is four years.
Yes, if you apply for joint naturalization with a foreign spouse, you can apply for German citizenship after four years of legal residence in Germany. In addition, your marriage must have existed for at least two years and your livelihood must be secure. If you are applying alone (each spouse alone), the normal requirement of 5 years of legal residence applies!
According to the new regulations of the Naturalization Act 2024, you can apply for German citizenship after five years of legal residence in Germany. This applies if you meet certain requirements, such as sufficient language skills and a secure livelihood. The previous minimum residence period of eight years has been reduced to five years.
To obtain German citizenship as a spouse, you must have been married for at least two years. In addition, you as the applicant must have lived legally in Germany for 3 years. In the case of a foreign spouse, the required period of residence is four years.
Your foreign spouse has various rights as a legal resident of Germany:
- Right of residence: Your spouse has the right to live and work in Germany.
- Work permit: With a valid Residence permit your spouse can work in Germany.
- Health care: Your spouse has access to the German healthcare system and can take out health insurance.
- Access to education: Your spouse can take advantage of educational opportunities, such as language courses or further vocational training.
