Basics of Naturalization 2024
Naturalization after 5 years is closely linked to integration in Germany, just like the other options at Naturalization . To understand why German citizenship is such an important step for many foreigners, it is important that you know all about the basics of Naturalization .
What does the term Naturalization mean?
The Naturalization is the last step you take as a foreigner in the long integration process in Germany. For many foreigners, it is an important goal that develops after a certain period of residence in Germany.
You work towards this goal of Naturalization for a long time and are extremely happy at the end when you have successfully achieved it. The technical term used in both English and German is naturalization. This means that you acquire citizenship through a state and become a citizen.
The different types of German citizenship are set out in Section 3 StAG. These include acquiring German citizenship by birth, by adoption as a child, or Naturalization with the naturalization process provided for. With Naturalization you have all the rights and obligations that every other German citizen has.
Importance of Naturalization for foreigners
The Naturalization is extremely important for foreigners in Germany. With a German passport, you are on an equal footing with all German citizens and have the same rights to freedom as any other German citizen.
This includes the right to demonstrate, the right to found a party or an association and the right to decide freely where to work or who to work for (freedom of occupation). The same applies to the free choice of studies.
Another important freedom is the right to vote in elections in Germany (local elections, state elections, federal elections, European elections).
German citizenship is also important because it is easier to apply for a loan with a German passport to start your own business or to build a house or buy a house or apartment.
This is what the newly planned naturalization law will look like
The Federal Government has planned important and significant changes to the new law. They form the background to the possibility of being naturalized after just 5 years. There are to be simplifications to the current Naturalization Act. These simplifications concern the areas of duration of residence and dual citizenship.
Naturalization after 5 instead of 8 years
The planned new law provides for a reduction in the minimum period of legal residence in Germany. The new law puts an end to 8 years of legal residence as a basic requirement for Naturalization. Instead of 8 years, 5 years of legal residence will be sufficient in future. It is important that the residence is lawful. Lawful residence is understood to mean temporary or permanent Residence permit, but not Tolerance permit.
Naturalization after 3 years with special integration services
If you can demonstrate special integration achievements, you can also be naturalized after just 3 years. The decisive factor is that you also meet all the other requirements for Naturalization . The basic requirements for Naturalization are the same as at present, only the length of stay has changed.
Integration services include a language certificate C1-C2 and, for example, voluntary work. Voluntary work can be, for example, work with the volunteer fire department, the food bank or work in an association. Voluntary work can also be proven translation work for other foreigners or refugees.
The Naturalization with dual citizenship is accepted
The planned new Naturalization Act stipulates that you no longer have to give up your citizenship if you want to become a German citizen. Currently, you still have to renounce the citizenship of your country of origin in order to become a German citizen in accordance with Section 10 (4) StAG.
This requirement would be removed from the Citizenship Act when the new law comes into force, as would the exceptions set out in Section 12 of the Citizenship Act. This means that you no longer have to apply to the embassy of your home country to renounce your citizenship. Nothing stands in the way of Naturalization with subsequent dual citizenship. Read more about this here.
When will the new naturalization law start?
The Naturalization Act was planned by the federal government in May 2023. In July, it was planned that the law would go to cabinet. On August 22, the Süddeutsche Zeitung reported that the law will pass the cabinet on August 23.
The law will then be debated in the Bundestag. According to Hakan Demir (SPD), member of the Bundestag, the new law can be expected to start at the end of the year. Demir explained this in response to a question on Abgeordnetenwatch. This timetable could not be adhered to. We expect the law to come into force on 01.06.2024 or 01.07.2024.
Goal of Naturalization after 5 years
The aim of the Federal Government is to make Germany more attractive as a location for foreign skilled workers after 5 years with Naturalization . For this reason, the specified length of stay is to be shortened from 8 to 5 years. This is intended to simplify Naturalization and speed up the Naturalization process. In this way, the aim is to reduce the shortage of skilled workers in various professions and become an attractive country for immigration.
Naturalization after 5 years with a new law?
Conditions for Naturalization after 5 years
Like all naturalizations, Naturalization also has certain requirements after 5 years. These conditions must be met for an application to Naturalization to make sense and ultimately be successful. If you check carefully and meet all the requirements, then nothing stands in the way of Naturalization .
Legal residence period of 5 years
This is the decisive difference to the previous legal situation. With the new Naturalization Act, 5 years of legal residence in Germany is sufficient and you do not have to wait 8 years to apply for Naturalization . Important note: Tolerance permit is not included in the calculation. So if you have been in Germany for a while, this time does not count when calculating your period of residence.
Clarification of identity
One of the requirements for Naturalization is that your identity must be established. It must therefore be clear where you were born, when you were born and which country you come from. This Clarification of identity can be done with a valid passport or identity card.
There are cases where countries do not issue a new passport or identity card. In these cases, alternative valid documents such as a wedding certificate, birth certificate or, in the case of Afghan nationals, a tazkira are also accepted. It is important that your name, place of birth and date of birth appear on the document.
Language certificates
An important condition for Naturalization after 5 years is the presentation of language certificates. Such a language certificate is a minimum language certificate B1. If you have not completed a school-leaving certificate, university degree or training qualification in Germany, you must present a B1 language certificate. The certificate is proof of language integration.
Proof of integration
It is also important to have passed a naturalization test/integration test. You are only exempt from the naturalization test if you have completed a university degree or a school-leaving certificate in Germany. Another proof of integration for Naturalization after 5 years is the signed declaration of loyalty. In the declaration of loyalty, you declare your allegiance to the German state.
Proof of means of subsistence
It is crucial that you can prove to Naturalization after 5 years that you can support yourself and your family (if you have one). Proof is provided in the form of documents relating to your tenancy agreement (signed by the landlord), employer documents and wage certificates. The more family members you have, the higher the amount you will need to prove.
The area of Germany in which you live is also decisive. Rents in Munich or Hamburg are very different from those in Wilhelmshaven or Cottbus. The deciding factor is not what kind of employment you have (temporary or permanent), but the forecast made by the naturalization authority that you will be able to earn a living in the future.
Fully completed application for Naturalization
The most important document, apart from all the supporting documents, is a fully completed application to Naturalization. For this you will need an application form issued by the naturalization authority. Your application is complete when you can present all supporting documents, including the application form, in full and correctly.
You must not have a criminal record
Previous convictions over 90 daily rates are an absolute obstacle to Naturalization. The same applies to long prison sentences. This makes Naturalization a very distant prospect. It is therefore important that you do not make yourself liable to prosecution. Otherwise you ultimately harm yourself.
Expiry of the naturalization procedure after 5 years
As with all forms of Naturalization , Naturalization also has a specific expiry date after 5 years. Every foreigner who applies for German citizenship and wants to become German then goes through this process.
Place of application
As with the current Naturalization after 8 years, the place of application is the nearest naturalization authority responsible for you. You must first ask for and collect the application form from the naturalization authority. You then submit the application to the authority with your complete and well-organized documents (including the application form). The naturalization authority must then process the application
Lawsuit for failure of act if necessary
Your naturalization authority now has 12 weeks after receiving your application to respond. If there is no response after 12 weeks, you have the right to file a Lawsuit for failure of act to file an appeal. The purpose of this Lawsuit for failure of act is to speed up the naturalization authority's decision.
If there is no reason (overload, lack of staff does not count as a reason) why your application has not been processed, the administrative court will give the authority a specific deadline by which the application must be processed. The authorities respond to this and then process your application.
Issue of the Naturalization
The last step is to prepare the appointment for your Naturalization . You will receive an appointment from the authorities. On this date, you will receive your Naturalization with a naturalization certificate and from then on you are a German citizen. Due to the changes in the new law, an assurance of naturalization is no longer required, as it is no longer necessary to renounce the citizenship of your home country and dual citizenship is recognized.
Duration and costs of Naturalization after 5 years
The costs of Naturalization remain the same after 5 years, even with Naturalization . They amount to 255 euros per adult. If a minor child is also naturalized, you will have to pay 51 euros per child.
With the new naturalization law and the possibility of being naturalized after 5 years, the duration of Naturalization will be extended. In other words, the current duration of Naturalization of 2.8-3 years should then be even longer.
Advantages and disadvantages of Naturalization after 5 years.
The new law would offer many foreigners an opportunity. However, in addition to the opportunities, it is already clear that there will also be challenges and disadvantages for foreigners with the new law. It is important that you are informed about the positive and negative aspects of the law.
Faster Naturalization
With the new naturalization law, German citizenship can be obtained more quickly. The 3-year reduction from 8 to 5 years as a basic requirement for legal residence in Germany is a major advantage.
This will make it easier to Naturalization in Germany. However, the remaining requirements will remain the same as currently with 8 years of legal residence.
Advantage also for Germany
Germany also benefits from the shortened Naturalization. The country becomes more attractive for foreigners, who then settle here and pay into the pension system. Germany can also become more attractive for highly qualified specialists. These skilled workers are urgently needed in various sectors to remedy the shortage of skilled workers.
Disadvantage: long waiting times and excessive demands on the authorities
The naturalization authorities are already unable to keep up with the processing of applications. This results in long waiting times and a lot of stress and nerves for applicants and authorities. With the new law, the waiting times will become even longer - this is our prediction based on our long experience at Immigration law. The decision to apply for Naturalization with or without a lawyer will become even more important than it already is.
Legal support
With the new Naturalization Act and the Naturalization after 5 years, we predict that there will be more and more complaints of failure to act. Our experience also shows that Naturalization with a lawyer with legal expertise is quicker than if you tackle the immigration process alone.
The importance of advice centers
Advice centers at Naturalization are already important and are used time and time again. The Naturalization is so important that you don't want to make a mistake. For this reason, advice centers are a very good way to get an overview of the entire topic of Naturalization .
It is also worth getting the support of a lawyer. They are very knowledgeable about the legal details of Naturalization and can point out what you need to pay particular attention to.
Speed of Naturalization with lawyer
Our many years of experience at Immigration law with Migrando show that Naturalization works faster with a lawyer than without legal support. Our forecast is that with the new Naturalization Act, an Naturalization under 4 years without Migrando and legal support is not realistic.
With the new naturalization law and the expected number of additional applications, you are more likely to receive a German passport if you apply to Naturalization with a lawyer than if you apply on your own.
Summary
As you can see, Naturalization is an extensive topic after 5 years with the planned new Naturalization Act. We have summarized the most important aspects for you here:
- With the planned new naturalization law, Naturalization would be possible after 5 years
- It is crucial that you meet all the current requirements for Naturalization
- With special integration achievements, you can also be naturalized after just 3 years
- The planned new naturalization law is due to start and come into force at the end of the year
- With previous convictions of more than 90 daily rates, Naturalization is a long way off
- You no longer have to give up the citizenship of your home country and dual citizenship is recognized under the new law.
- It is to be expected that with the new Naturalization Act, the authorities will be even more overburdened in processing applications than is currently the case.
- The duration of the processing time (waiting time) for Naturalization will increase again with the new law
Do you still have questions about Naturalization after 5 years?
FAQ - The most important questions and answers about Naturalization after 5 years
With the planned new law, which is expected to come into force on 01.06.2024 or 01.07.2024, you can apply for German citizenship after 5 years. The decisive factor is that you meet all the requirements for Naturalization
Any foreigner who has been legally resident in Germany for 5 years could be naturalized under the new Naturalization Act if they meet all the requirements for Naturalization .
For a Naturalization after 5 years, you need a legal proof of residence of 5 years, a signed declaration of loyalty, the language certificate B1, the naturalization test, a Clarification of identity and proof that you can support yourself and your family. It is also important to have the correct Residence permit . You cannot automatically apply for Naturalization with every Residence permit .
It is planned that the new Naturalization Act will come into force on 01.06.2024 or 01.07.2024. Publication in the Federal Law Gazette is currently awaited.
That depends on your situation. If you are married to a German citizen, 3 years are currently sufficient to apply for Naturalization . If you have a special integration achievement, then Naturalization is possible after 6 years and if you have passed the naturalization test, then Naturalization is also possible after 7 years. The basic requirement is otherwise 8 years of legal residence in Germany. With the new Naturalization Act, the basic residence requirement would be reduced from 8 to 5 years and with special integration achievements, the Naturalization would be possible after just 3 years.
It currently takes 2.5 - 3 years to complete the naturalization process, including the application. The reason for this is that the authorities have to process a large number of applications on Naturalization . When the new Naturalization Act comes into force, we predict that it will take less than 4 years to obtain Naturalization without legal support. The number of applications will increase again and the authorities will be overwhelmed accordingly.
Under the current Naturalization Act, Naturalization is generally issued after 8 years. This period of residence will be reduced to 5 years under the new law. Currently, you can obtain a German passport after 6 years with special integration achievements; with the new law, Naturalization can be obtained in 3 years with special integration achievements. It is important that you meet all the requirements for Naturalization (proof of livelihood, declaration of loyalty, language certificate B1, etc.).
