Legal basis for Naturalization without a birth certificate
It can be frustrating when important documents such as the birth certificate are missing. But don't worry, Naturalization is possible without a birth certificate. Let's first take a look at the legal requirements and the role of the birth certificate.
§ Section 10 (1) StAG: The legal requirements
The legal basis for Naturalization in Germany is set out in the first sentence of the German Citizenship Act (Section 10 (1) StAG) on proof of identity. According to the law, as a foreigner who has been living legally in Germany for five years, you can be naturalized upon application, provided your identity and citizenship have been clarified. Normally, the birth certificate serves as primary proof of identity, but there are situations in which this is not available. In such cases, alternative methods of proof apply, which are used as part of a so-called step-by-step model for Clarification of identity .
The importance of the birth certificate as proof of identity
- Primary proof: In Germany, the birth certificate is regarded by the naturalization authorities as the most important proof of your identity and origin.
- Alternatives: If you cannot provide a birth certificate, other documents or evidence must confirm your identity.
- Step-by-step model: The step-by-step model of Clarification of identity comprises several steps, starting with a valid national passport and ending with witness statements if all other documents are not available.
- Legal flexibility: The authorities can make flexible decisions depending on your individual situation and the evidence provided.
Reasons for not obtaining a birth certificate
There are various reasons why you may not be able to produce a birth certificate. These reasons are divided into objective impossibilities and subjective unreasonableness. Let's take a closer look at these two categories.
Objective impossibility of obtaining a birth certificate
Sometimes it is simply not possible to obtain a birth certificate because the circumstances are beyond your control. A typical example is Somalia. Germany does not recognize the Somali government, which means that all documents issued by that government, including birth certificates, are not recognized.
This objective impossibility means that you as a refugee must rely on alternative proof of your identity.
Examples of objective impossibility:
- Somalia: Documents are not recognized by Germany.
Subjective unreasonableness to obtain a birth certificate
In other cases, it is subjectively unreasonable for you to obtain a birth certificate. This means that obtaining the documents would require personal sacrifice or unethical actions. A prominent example of this is Eritrea. There, citizens are required to sign a declaration of repentance in order to obtain documents.
This declaration includes the admission of a criminal offense (the departure from Eritrea), which is not accepted by Germany. In 2022, the Federal Administrative Court ruled that, for this reason, obtaining a passport and documents is subjectively unreasonable.
Examples of subjective unreasonableness:
- Eritrea: Necessity of a declaration of remorse, which requires a confession of a criminal offense.
- Other countries with similar requirements: Any state that attaches unethical or dangerous conditions to the issuance of documents.
Court decision and orientation:
- The Federal Administrative Court has ruled that such conditions are unreasonable.
- Following the ruling, naturalization authorities have been instructed by the Federal Ministry of the Interior to follow the court's decision and not to ask people from countries where obtaining a passport is subjectively unreasonable to obtain a passport.
Clarification of identity through the step model
If you are unable to provide a birth certificate, the step-by-step model at Clarification of identity offers a structured way of proving your identity and nationality. This model consists of several stages that can be completed in succession until your identity has been sufficiently clarified.
The stage model is used to provide alternative proof of your identity so that your origin is no longer unclear to the authorities. Each stage has specific requirements and alternatives that are taken into account if the previous stage cannot be fulfilled.
The levels of Clarification of identity are as follows:
First stage: Valid national passport
- Proof: Presentation of a valid passport.
- Alternatives: If a valid passport cannot be obtained, it will be checked whether you meet the requirements for the next level.
Second level: Expired national passport
- Proof: Presentation of an expired national passport.
- Alternatives: If an expired passport cannot be presented either, the next step is taken.
Third stage: Biometric documents
- Proof: Presentation of biometric documents.
- Alternatives: If no biometric documents are available, the next stage is checked.
Fourth level: Other documents (birth certificates, driver's license, marriage certificate)
- Proof: Presentation of other official documents, such as birth certificates, driver's license, marriage certificates.
- Alternatives: If this stage cannot be fulfilled either, witness statements can be considered.
Fifth stage: Other documents such as witness statements
- Proof: Other documents such as the document of a witness statement according to § 26 paragraph 1 and 2 VwVfG, which can confirm your identity.
- Alternatives: This stage applies if all previous documents are not available. Witness statements must be detailed and trustworthy.
Sixth level: Naturalization without declaration of identity
- Proof: Proof that all previous levels cannot be fulfilled.
- Special feature: In exceptional cases, Naturalization can be issued without a complete Clarification of identity if it can be proven that it is objectively impossible or subjectively unreasonable to obtain all the necessary evidence.
Here we have presented the stage model again for you as a table:
Practical procedure for missing birth certificate
It's understandable that the process of Naturalization without a birth certificate can seem overwhelming at first. However, with the right preparation and documentation, you can significantly increase your chances of a successful Naturalization . Below we explain how you can proceed systematically.
Preparation and documentation
Thorough preparation is the key to success. It is important to collect and carefully document all possible alternatives to a birth certificate. Start by making a list of all documents that can prove your identity and residence in Germany.
Remember to document every step of the identity procurement process so that the naturalization authority can track your efforts.
Important steps:
- Create list: Create a list of all available documents.
- Organize documents: Organize the documents according to their relevance and importance.
- Make copies: Make copies of all documents for your records and for submission to the authorities.
- Document identity procurement: Record all steps of the document search and document procurement in writing.
Collecting alternative documents
If the birth certificate is missing, other documents must confirm your identity. These alternative documents can be of great importance and should be collected carefully.
Examples of alternative documents:
- Identity card or expired national passport: An expired passport can also provide valuable information.
- Driver's license: Your driver's license can serve as an official document.
- Marriage certificate: Documents marital status and can support your identity.
- School or university certificates: Confirm your education and can additionally substantiate your identity.
- Work permit or other official documents: Other official documents confirming your identity.
Compilation of the documents:
Document | Purpose |
|---|---|
Identity card/national passport | Primary proof of identity |
Driver's license | Additional proof of identity |
Marriage certificate | Confirmation of marital status |
School/university certificates | Confirmation of training |
Work permit | Confirmation of residence status |
Organize witness statements
Witness statements can play an important role if official documents are not sufficient. It is crucial that the witness statements are detailed and credible.
It is important that the identity of the witness must be clarified. This can be done with a passport or if the witness has already been naturalized. The witness does not necessarily have to be in Germany, but must go to the authorities to testify.
Tips for organizing witness statements:
- Select witnesses: Select trustworthy people who can confirm your identity.
- Clarify the identity of the witness: Make sure that the identity of your witness has been clarified and that there are no problems in this regard.
- Prepare witness statements: Ask the witnesses to make detailed statements about your identity and your CV.
- Documentation of the statements: Have the witness statements recorded in writing and, if possible, notarized.
- Document the steps: Again, document every step of organizing and obtaining the witness statements.
Checklist for witness statements:
Step | Description |
|---|---|
Select witnesses | Identify trustworthy persons |
Prepare statements | Detailed and accurate information |
Record in writing | Documenting and notarizing statements |
Clarify the identity of the witness | Ensure that the identity of your witness has been clarified and that there are no difficulties with recognition. |
Application and dealing with authorities
Once you have collected and documented all the necessary documents and evidence, the next step is to submit your application. Here you can find out which documents you need for the application and what the procedure is for Naturalization without a birth certificate.
Important documents for the application
To submit your application successfully, you must ensure that you compile all the required documents completely and correctly. This includes both the collected alternative documents and additional required documents.
Important documents:
- Application form: The completed naturalization form, which you can obtain from your competent authority.
- Proof of identity: All alternative documents that you have collected (e.g. identity card, expired national passport, driver's license).
- Witness statements: Written and ideally notarized witness statements. A personal presentation is even better. Not every authority accepts written statements.
- Proof of residence: Documents that prove your legal residence in Germany (e.g. registration certificate, Residence permit).
- Proof of language skills: Proof of sufficient German language skills (e.g. language certificate B1).
- Proof of integration: Proof of your integration into German society (e.g. participation in integration courses, proof of employment).
- Financial evidence: Documents that prove your financial stability (e.g. payslips, tax assessments).
Checklist for the application:
Carpet pad | Description |
|---|---|
Application form | Completed and signed form |
Proof of identity | Alternative documents such as identity card, expired national passport |
Witness statements | Recorded in writing and notarized |
Proof of the stay | Registration certificate, Residence permit |
Language certificates | Language certificate (B1 or higher) |
Proof of integration | Certificates of participation in integration courses, proof of employment |
Financial evidence | Pay slips, tax assessments |
Expiry of Naturalization without a birth certificate
The procedure for applying for German citizenship without a birth certificate may be slightly different from a regular application Naturalization, as the authorities will check your alternative proof carefully.
Submission of the application:
- Submit your complete application and all collected documents to the responsible naturalization authority.
- Make sure you keep a copy of all submitted documents for your records.
Examination by the authority:
- The authority will check your application and the evidence submitted.
- This can take some time, especially if additional evidence is requested.
Additional evidence:
- If necessary, the authority will ask you for further proof or ask additional questions about your identity and your stay.
- Make sure that you fulfill all additional requirements quickly and completely.
Naturalization test:
- If you have not already done so, you may have to take a naturalization test to prove your knowledge of the German legal and social system.
Decision of the authority:
- After examining all documents and evidence, the authority will make a decision on your application.
- You will be informed of the decision in writing.
Granting of citizenship:
- If the decision is positive, you will receive a naturalization certificate and officially become a German citizen.
- You must attend a naturalization ceremony at which you will receive your certificate.
Summary of the process:
Step | Description |
|---|---|
Submit application | Submit complete application and documents |
Examination by authority | Authority checks application and evidence |
Additional evidence | Provide further evidence if necessary |
Naturalization test | Take the naturalization test (if required) |
Decision | Authority makes decision and informs you |
Granting of citizenship | Receive naturalization certificate |
Naturalization without a birth certificate?
Conclusion on Naturalization without a birth certificate
Naturalization without a birth certificate may seem complicated, but with the right preparation and support, it is perfectly feasible. Let's summarize the most important points and take a look at current developments and future changes.
Summary of the most important points
It is important to keep the various steps and requirements in mind. Here are the most important points you should consider for your Naturalization without a birth certificate:
- Legal basis: Section 10 (1) of the German Citizenship Act (StAG) allows you to go to Naturalization once your identity and nationality have been established, even without a birth certificate.
- Step model: Use the step model at Clarification of identity to provide alternative evidence if a birth certificate cannot be presented.
- Objective impossibility: In cases such as Somalia, where documents are not recognized, other evidence must be provided.
- Subjective unreasonableness: In situations such as Eritrea, where unethical conditions are attached to obtaining documents, alternative routes should be used.
- Preparation and documentation: Gather all relevant alternative documents and witness statements and document each step carefully.
- Application and visits to the authorities: Make sure that you submit all the necessary documents and are prepared for any additional requirements from the authorities.
Changes due to court rulings and outlook
The legal framework and practices for Naturalization without a birth certificate can change as a result of court rulings and political developments. It is therefore important to stay up to date and keep yourself informed of the latest decisions.
- Court rulings: Rulings, such as that of the Federal Administrative Court on the declaration of repentance in Eritrea, have a significant influence on the practice of the naturalization authorities. These decisions often provide clarity and can strengthen your position.
- Future developments: The policy on Naturalization is constantly evolving. Stay informed about possible changes to the Citizenship Act or other relevant regulations.
FAQ - Frequently asked questions about Naturalization without a birth certificate
Yes, you can be naturalized without a birth certificate by submitting alternative evidence to Clarification of identity , as described in the step-by-step model.
No, proof of identity is required. If you do not have a birth certificate, other documents or witness statements must confirm your identity.
A birth certificate serves as primary proof of your identity and origin and is required for many administrative processes, including Naturalization, marriage and registration with authorities.
An officially certified birth certificate from your home country is required for Naturalization . If this is not available, alternative proof is required.
After three years, people who have provided proof of a C1 language certificate and special integration achievements can be naturalized. Special integration achievements include
- Voluntary work (volunteer fire department)
- Professional achievements with proof of your job
- School and vocational qualification achievements
No, a birth certificate is not an identity document. It serves as proof of your birth and identity, but documents such as an identity card or passport are required for identification.
If your birth certificate has been lost, you should contact the relevant authorities in your country of birth to have a new one issued. If this is not possible, you will need to provide alternative proof of your identity.
Yes, the birth certificate is an important document as it proves your identity and origin. If it is not available, you will need to provide other documents and proof to confirm your identity.
