Naturalization by marriage: Requirements for spouses
According to § 9 of the German Citizenship Act (StAG), spouses of German citizens can be naturalized under simplified conditions. However, even if you both do not yet have German citizenship, the naturalization of spouses is usually quicker than the naturalization of spouses alone. In the following video we have summarized the most important information on the Naturalization of spouses.
Differences: Naturalization with citizens & foreigners
The requirements for the Naturalization of your wife or husband differ depending on whether you already have German citizenship or not. The table shows you the differences.
Prerequisite | Naturalization with foreign spouse | Naturalization with German spouse |
|---|---|---|
Legal duration of residence of the foreign spouse in Germany | 4 years | 3 years |
Legal basis | § Section 10 (2) StAG | § 9 StAG |
Married since | 2 years | 2 years |
Livelihood | Secured by a family member | Secured by a family member |
Proof of identity | Yes | Yes |
Naturalization test | Yes | Yes |
Declaration of loyalty | Yes | Yes |
Language skills | B1 | B1 |
Documents required for the Naturalization your spouse
To ensure that everything runs as smoothly as possible during the Naturalization your spouse, we have listed all the necessary documents for you. If you would like to print out the list, you can download a checklist here.
- Proof of identity & valid Residence permit
- Application for naturalization
- Marriage certificate & biometric passport photo
- Proof of your language skills (B1)
- Proof of secure livelihood
- Knowledge of the legal and social order and living conditions in Germany & declaration of loyalty
The Naturalization process for spouses
The process of acquiring German citizenship as a spouse requires you to prepare carefully and follow specific steps. The following diagram shows how you need to proceed and what to expect.
Separation before the end of the proceedings: What now?
If there is a separation during the proceedings without the marriage being divorced, this can still be considered a breakdown of the marital relationship. In such cases, the basis for simplified Naturalization in accordance with § 9 StAG no longer applies.
It is therefore advisable to inform the naturalization authority about the separation at an early stage inorder to avoid possible legal consequences. However, you still have the option of applying for Naturalization in accordance with the general provisions of § 10 StAG.
However, a change of residence permit is often necessary in the event of separation or divorce. You must therefore check again whether your new Residence permit is eligible for Naturalization . Naturalization is possible with the following titles:
- Residence for the purpose of gainful employment, e.g.: § 18a, § 18b, § 18g and § 21 AufenthG.
- Residence on humanitarian grounds, e.g.: § 25 a and § 25b AufenthG.
- Residence for family reasons, e.g.: § Section 28 (1) sentence 1 no. 3, Section 31, Section 36 and Section 9 AufenthG.
Conclusion: How to Naturalization your spouse
If you meet all the requirements and submit the application correctly and in full, there is usually nothing standing in the way of your Naturalization or that of your spouse. If you still need help or have any questions, please contact us - our legal experts will be happy to help you!
FAQ - frequently asked questions about Naturalization for spouses
Yes, there are special regulations for the Naturalization of spouses. For example, not every family member needs an income. If one spouse looks after the children, it is sufficient for one family member to provide for the entire family. However, the future income prospects must also be good and as soon as the children are in nursery or school, both spouses must work again. In addition, Naturalization can be applied for from the age of 3 if you are naturalized together or your spouse is already a German citizen.
Depending on the personal situation, it is possible, for example, for one partner to look after the children. However, when they start nursery or school, both partners should work. It is also important that everyone's livelihood is secured for the future, for example by the spouse or other family members. If you have always worked, it can be assumed that you will continue to do so in the future.
Yes, spouses can be naturalized after just 3 years. The requirements for this are that the marriage has existed for at least 2 years and the other partner is already a German citizen. In addition, legal residence in Germany for 3 years and language level B1 must be proven.
In Berlin, yes. According to the Berlin procedural instructions, if one spouse meets the requirements for the shortened Naturalization of 3 years, it is now possible to have the second spouse naturalized after 3 years.
