With these residence permits, the Naturalization
There are temporary and permanent residence rights with which you can become a German citizen. The Naturalization is relatively simple after a previously issued Settlement permit. However, there are other Residence permit ways in which you can obtain a German passport. It is important that you also meet all the other requirements for Naturalization.
Naturalization without Settlement permit
A Naturalization is also possible without prior Settlement permit . The following Residence permit entitles you to apply for German citizenship without Settlement permit:
- Residence for the purpose of gainful employment, e.g: § 18a, §18b, §18g and §21.
- Residence on humanitarian grounds, e.g.: § 23 (1), §25 (1), §25 (2), §25 a and §25b.
- Residence for family reasons, e.g: §28, §30, §32, §34, §36 and §36a.
With the current Naturalization Act of 27 June 2024, Section 23 (1) was also released for Naturalization . This means that this group of people can also be naturalized directly without having to switch to another Residence permit beforehand.
Further requirements for the Naturalization
For your Naturalization without Settlement permit , you must fulfillfurther requirements in addition to one of the above-mentioned Residence permit :
- Legal duration of residence: You must have been legally resident in Germany for at least 5 years. In the case of special integration achievements, such as a C1 language certificate, you can apply for Naturalization after just 3 years.
- Language skills: You must have at least a B1 language certificate.
- Naturalization test: This test checks, among other things, your knowledge of the legal and social order in Germany.
- secure livelihood: You must earn enough money to cover the costs of living for yourself and your dependents. You may not receive any public benefits (e.g. citizen's allowance). Exception: people from the guest worker generation and contract workers.
- signed declaration of loyalty: With this declaration you declare your commitment to the free and democratic basic order of the Federal Republic of Germany.
Possible grounds for exclusion for the Naturalization
You may beexcluded from Naturalization despite having legally registered at Residence permit if one of the following reasons for exclusion applies to you:
- Convictions to prison sentences of more than 3 months,
- Convictions to fines of more than 90 daily rates or
- Convictions based on an anti-Semitic, racist or other inhuman act.
In the case of minor custodial sentences or fines or sentences under the Juvenile Courts Act, Naturalization may still be possible if the total sentence is low. In the case of ongoing investigations, Naturalization is suspended until they are concluded.
Naturalization with Settlement permit
Even if Naturalization is possible without Settlement permit , the easiest way to use Naturalization is after you have registered with Settlement permit. This is because you already have to meet certain criteria for Settlement permit , which are also relevant for Naturalization .
The Settlement permit according to § 18c AufenthG is an unlimited and permanent right of residence. With the Settlement permit in Germany, you benefit from numerous advantages over other residence permits, including
- secure residence in Germany,
- simplified family reunification,
- facilitated lending,
- free entry and exit and
- unrestricted work opportunities.
In addition, the regular appointments at Foreigners' office are no longer necessary. You can now change your job in Germany , travel or even move without having to inform Foreigners' office .
With which residence permits can you not be naturalized?
Some Residence permit entitle you to stay in Germany for a limited period of time or for a specific purpose. However, as long as you are in possession of one of these Residence permit , you cannot apply for Naturalization .
- Prohibition of deportation according to § 25 para. 3 AufenthG: If you have come to Germany as a refugee and have received a ban on deportation instead of subsidiary protection or refugee status, then Naturalization is not possible.
- Residence in accordance with §25 Para. 5 AufenthG: You will receive this temporary Residence permit if you are generally obliged to leave the country but are unable to do so for legal or factual reasons. This must be justified with appropriate evidence.
- Residence permit for temporary protection in accordance with Section 24 AufenthG: This temporary Residence permit mainly affects refugees from Ukraine for the duration of their stay in Germany.
- Opportunity right of residence according to § 104c AufenthG: You will be granted the right of residence according to § 104c AufenthG if you have already resided in Germany for 5 years on the cut-off date of October 31, 2022. This right of residence is valid for 18 months. After that, you must switch to another Residence permit , either §25a or §25b.
- Student visa according to § 16b AufenthG: A student visa according to § 16b AufenthG enables international students to study full-time at a recognized German university or comparable educational institution.
- Residence for the purpose of seeking training in accordance with § 17 AufenthG: You will be granted a residence permit for the purpose of seeking training in accordance with § 17 AufenthG if you are looking for a training place to carry out qualified vocational training. This residence permit is valid for up to 9 months.
- Residence with ICT card according to § 19 AufenthG: You will receive an ICT card in accordance with § 19 AufenthG, for example, if you are transferred to Germany within a company to work here as a trainee, specialist or manager.
Which Residence permit should you switch to for Naturalization ?
If you are currently in possession of one of the above-mentioned Residence permit and wish to be naturalized in Germany, you must first change to another Residence permit .
In the event of a ban on deportation in accordance with Section 25 (3) AufenthG, you can apply for Settlement permit under certain conditions.
With one of the other temporary Residence permit, you can first switch to Settlement permit or another temporary Residence permit in order to be able to apply for Naturalization .
Get help at Naturalization without Settlement permit
It is possible to apply for Naturalization without Settlement permit , but you must meet certain requirements. If you are unsure whether your Residence permit allows you to apply for Naturalization , our experts will be happy to help you. Migrando will accompany you through the entire naturalization process on request.
FAQ - frequently asked questions about Naturalization without Settlement permit
Which Residence permit entitle you to Naturalization?
You can apply for Naturalization using one of the following Residence permit :
- Settlement permit according to § 9 AufenthG
- subsidiary protection according to §25 para. 2 (4) AufenthG
- Refugee status according to §25 para. 2 (3) AufenthG
- Residence permit according to § 23 para. 1 AufenthG
You can apply for these legal Residence permit from your Foreigners' office . In order for you to be naturalized with one of these Residence permit , all other requirements must be met. In particular, it is important that there are no grounds for exclusion for Naturalization.
It is important that you fulfill all other requirements for Naturalization in addition to a legal Residence permit .
How long after Settlement permit can I apply for Naturalization ?
If you already have a Settlement permit , you can apply directly for Naturalization, provided you meet all the other requirements for Naturalization. This is because in most cases you must have been legally resident in Germany for at least 5 years for the Settlement permit .
What is the difference between Naturalization and Settlement permit?
The Settlement permit is a permanent Residence permit residence permit that allows you to stay in Germany legally and offers numerous advantages over other temporary residence permits. By obtaining an Naturalization you become a German citizen (with all rights and obligations) and receive a German passport.
