What is discretionary naturalization?
Discretionary naturalization is a form of Naturalization Section 8 of the Nationality Act (StAG). In certain cases, it may be possible even if you do not have a legal right to Naturalization Section 10 of the StAG.
As a general rule, discretionary naturalization is possible if
- Naturalization a public interest in Naturalization
- going through the regular Naturalization process would be particularly difficult
The term “discretion” means that the authorities will carefully review your individual case. In doing so, they will consider, among other things, how long you have been living in Germany, how well you are integrated, and whether there are any special personal reasons that Naturalization your Naturalization .
In the case of discretionary naturalization, the authorities may grant Naturalization if you do not meet all the requirements for regular Naturalization. However, even though discretionary naturalization is possible in principle, there is no guarantee that your application will be approved.
This means that the agency is not required to grant you citizenship. It makes its decision based on your individual circumstances.
Discretionary naturalization is also an exception. It occurs very rarely in practice. In 2025, for example, there were a total of about 332,000 naturalizations. Of these, just under11,400 werediscretionary naturalizations. That corresponds to about 3.5 percent of all Naturalization.
Requirements for Discretionary Naturalization
The requirements for discretionary naturalization are set forth in § 8 of the StAG. In general, the naturalization authority reviews the same requirements as those for regular Naturalization.
Discretionary naturalization is possible if you meet the following requirements:
- Confirmed identity and nationality
- lawful habitual residence in Germany
- Residence permit that Naturalization
- No relevant criminal convictions
- a place of one's own or other suitable housing
- A secure livelihood for you and your dependents
In addition, the agency will determine whether Naturalization a public interest in your Naturalization or whether you face exceptional hardship. The requirements for regular Naturalization also Naturalization reviewed, including:
- legal residence in Germany for at least five years
- Adequate knowledge of German at the B1 level
- Knowledge of the German legal and social system, as well as living conditions in Germany
- Commitment to the free and democratic basic order
- no anti-constitutional or extremist activities
In the case of discretionary naturalization, the authorities may apply less stringent criteria to certain requirements or waive them entirely within the limits permitted by law. However, the more requirements you meet, the better your chances of being granted discretionary naturalization.
Since the agency conducts a comprehensive assessment, particularly strong performance in one area (such as a very high level of language proficiency or exceptional integration efforts) can offset any shortcomings in other areas.
Discretionary Naturalization: Exceptional Hardship or Public Interest
Discretionary naturalization is possible only in very exceptional cases. In practice, there are primarily two grounds for it:
- There is a public interest in Naturalization.
- The standard Naturalization process Naturalization be particularly difficult for you.
The agency always reviews each case individually to determine whether any of these circumstances apply.
Discretionary Naturalization: What Does “Public Interest” Mean?
The guidelines issued by the Federal Ministry of the Interior define when Naturalization a public interest in Naturalization .
Accordingly, a public interest exists if,from the German government’s perspective, Naturalization is particularly important or desirable. This is the case, for example, when Naturalization is intended Naturalization attract a person Naturalization a position or to retain them permanently in Germany Naturalization a role that is of particular importance to Germany. For example, in the following areas:
- Science and Research
- Economy
- Art and Culture
- Media
- Sports
- public service
There may also be a public interest in the case of individuals who work for an internationally active company or an international institution. This is particularly true if they frequently travel abroad for professional reasons or must temporarily relocate abroad.
The public interest must be confirmed and fully substantiated by a supreme federal or state authority.
Additional requirements apply to athletes. They must generally have been legally residing in Germany for at least three years, be selected for a German national team, and have long-term prospects in international sports.
Discretionary Naturalization: When Does a Case of Particular Hardship Exist?
Discretionary naturalization may also be an option if certain requirements of Naturalization standard Naturalization would cause Naturalization undue hardship. Undue hardship may exist in the following situations, among others:
- Because of a disability or a physical, mental, or psychological illness, you are unable to work sufficiently to support yourself.
- You receive basic income support in old age or due to a disability, even though you have worked for many years.
- You are unable to work, or can work only to a limited extent, because you are caring for a minor child.
- You are caring for your spouse, partner, or a close relative and are therefore unable to engage in sufficient gainful employment.
- They are applying for Naturalization an advanced age and find it difficult to meet certain requirements.
- Due to a learning disability or a similar limitation, you are unable to demonstrate the required knowledge of German, or can do so only with great difficulty.
- You suffer from a diagnosed fear of exams or a mental health condition that makes it difficult or impossible for you to take the naturalization test.
- Due to special personal or family circumstances, you would have to go to unreasonable lengths to provide certain supporting documents.
It is also important to note that you must always provide evidence of exceptional hardship. This can be done, for example, through medical certificates, specialist medical reports, proof of a disability, notices regarding social benefits, long-term care determinations, proof of caregiving responsibilities, or other appropriate documentation.
The naturalization authority then reviews whether the individual's personal circumstances are sufficiently compelling in that particular case to warrant discretionary naturalization.
Discretionary Naturalization: Real-World Examples
Discretionary naturalization may be considered in various situations. The following examples illustrate the cases in which the authorities may consider Naturalization § 8 of the German Nationality Act (StAG).
Example 1: A person’s livelihood cannot be secured due to special circumstances
A person is unable to fully support themselves due to a chronic illness or disability, the need to care for a family member, or the need to care for a minor child. They have made every effort within their means to find work and earn their own income but are nevertheless dependent on public benefits.
In such a case, the agency assesses whether there are exceptional circumstances. In doing so, it considers the extent to which the illness or disability limits the person’s ability to function and whether the person can reasonably be expected to make further efforts to support themselves.
Example 2: Public Interest in Naturalization
A scientist is working on an important research project in Germany and is to be recruited on a long-term basis. Exceptional achievements in the fields of business, the arts, culture, or media may also justify discretionary naturalization.
Another example is an athlete who is to compete for a German national team. In such cases as well, Naturalization may be particularly desirable Naturalization the German government’s perspective.
Naturalization by Right and Discretionary Naturalization: What Is the Difference?
The most important difference between naturalization by entitlement and naturalization at the discretion of the authorities lies in the entitlement to German citizenship.
In the case of naturalization based on entitlement under § 10 of the German Nationality Act (StAG), the authorities must grant you naturalization if you meet all the requirements and there are no grounds for exclusion.
The situation is different with discretionary naturalization. In this case, the authorities assess whether your personal circumstances Naturalization . And even if you meet all the requirements, you are not automatically entitled to discretionary naturalization.
In short: In the case of naturalization based on entitlement, a legal right exists if the requirements are met. In the case of discretionary naturalization, the authorities make a decision after reviewing each individual case.
Naturalization by Right | Discretionary naturalization |
|---|---|
§ 10 StAG | § 8 StAG |
If the requirements are met, there is a legal right to Naturalization. | In principle, there is no entitlement to Naturalization, even if all requirements are met. |
The agency MUST grant naturalization if all requirements are met. | The agency makes a discretionary decision. |
The requirements are set forth directly in the law. | In addition to the legal requirements, the circumstances of the individual case play an important role: public interest or exceptional hardship. |
A rejection is unlawful if all the requirements are met. | An application may be denied even if the requirements are met, if the agency lawfully exercises its discretion. |
How do you apply for discretionary naturalization?
You should apply for discretionary naturalization at the naturalization authority responsible for your place of residence. However, there is no separate application process for this. You should submit a standard naturalization application and explain why Naturalization § 8 StAG might be possible in your case.
You must submit your personal documents along with the application. These include proof of:
- Your Identity and Nationality
- Your stay in Germany
- Your place of residence
- Their livelihood
- Your German language skills and your integration
- potential criminal convictions
If you claim exceptional hardship, you must also provide evidence of it. This can be done, for example, through medical certificates, proof of a disability, caregiving responsibilities, or efforts to find work.
If there is a public interest in your Naturalization, this must also be specifically demonstrated and substantiated, for example through statements from government agencies, institutions, professional associations, or other relevant bodies.
FAQ: All Questions and Answers About Discretionary Naturalization
Are you eligible for discretionary naturalization?
No, in the case of discretionary naturalization, there is generally no legal right to Naturalization. Even if you meet the requirements, the authorities will also assess whether Naturalization is justified Naturalization your case (for example, due to a public interest or exceptional hardship).
How long do you have to live in Germany to be eligible for discretionary naturalization?
Section 8 of the StAG does not specify a fixed minimum length of residence. At best, you will meet the statutory minimum requirement of five years, which is Naturalization for regular Naturalization .
For certain groups of people or in cases of special public interest, a shorter period of residence may also be sufficient. In such cases, the authorities will consider, among other things, how long you have been living in Germany and how strong your personal, family, and professional ties to Germany are.
Which government agency decides on discretionary naturalization?
The Foreigners' office the naturalization authority responsible for your place of residence will decide on the application.
What documentation is required for discretionary naturalization?
The documents required depend on your personal situation. In addition to the standard documents for Naturalization , you Naturalization , above all, provide evidence of the reasons justifying discretionary naturalization.
Is discretionary naturalization Tolerance permit with a Tolerance permit ?
A Tolerance permit generally not sufficient for discretionary naturalization. Section 8 of the German Nationality Act (StAG) requires lawful habitual residence in Germany. A Tolerance permit not Residence permit; it merely means that deportation has been temporarily suspended.
Is a particularly high level of integration sufficient for discretionary naturalization?
A high level of integration can have a positive impact on the decision. This may include, for example, a very good command of German, a stable employment situation, or volunteer work. However, these achievements do not automatically lead to discretionary naturalization.
Can I submit another application after my application was denied?
Yes, you can submit another application after your application for discretionary naturalization has been denied. This is particularly advisable if your personal circumstances have improved since the initial decision or if you are able to submit additional supporting documentation.
