Naturalization rejected: What to do?
Now you've had to wait so long for the Naturalization and nothing has come of it. This naturally raises the question of what you can do to get the Naturalization after all. First of all, you should check why your Naturalization rejected was rejected.
- Has the authority made a mistake? If so, which one?
- Have you forgotten a document? Which one?
- Did you not fulfill a requirement after all?
If you cannot find out where the fault lies yourself, ask the authorities and ask them to explain their rejection of Naturalization .
Before you receive a negative decision, there will be a hearing. As a rule, you then have 2 weeks to submit the missing evidence. Only if you still do not meet the requirements after the hearing will you receive the negative decision.
If you have not yet fulfilled a requirement, make sure that you fulfill it the next time and then submit the application again. However, if the authority has made a mistake, you can lodge an objection or file a complaint with the administrative court.
Staffing problems at the authorities
Thanks to our many years of experience with many authorities, we know that there have been staffing difficulties for some time now. for some time. These include:
- Lack of training: Employees at the authorities are not always ideally trained and naturalization law is very complicated. As a result, mistakes can happen.
- Staff shortage: There is a severe shortage of staff in naturalization authorities in particular. Added to this is the large number of applications. Employees are therefore under great time pressure, which can ultimately lead to errors.
These problems often lead to errors, for which you are not responsible. You can find out what the 5 most common errors are in the following sections.
The 5 most common mistakes when Naturalization
So if you have received a negative decision from the authorities regarding your Naturalization , this does not necessarily mean that you meet the requirements for the Naturalization do not fulfill the requirements. In many cases, as already mentioned, it is down to the authorities. The 5 most common mistakes are the following:
1. length of stay calculated incorrectly
For the Naturalization In most cases, 5 years of residence in Germany is required. However, the authorities often make mistakes here. Periods that should actually be taken into account are not included, and therefore the Naturalization rejected. If you know yourself which periods need to be taken into account, you can counteract this.
- National visa: If you entered the country with a national visa and only apply for an Residence permit after the visa has expired, for example, the time spent on the national visa must also be taken into account.
- Asylum procedure period: If, for example, your asylum procedure has lasted 3 years, these 3 years already count towards the requirements for Naturalization. However, this only applies to persons entitled to asylum (in accordance with § 25 Para. 1 AufenthG), refugees or persons entitled to subsidiary protection (in accordance with § 25 Para. 2 AufenthG). However, many immigration authorities do not recognize this period.
- Period of study: If you have come to Germany with a student visa in accordance with § 16b AufenthG, your period of study must be fully taken into account.
2. alternative to the national passport is not recognized
The prerequisites for a successful application for Naturalization include clarification of your identity. It happens again and again that the naturalization authorities only recognize the national passport of the country of origin. In some countries, however, you cannot apply for a new national passport at all.
For these cases, there is a step-by-step model issued for Naturalization , which allows other identity documents. These alternative documents are only possible if you can prove that you are unable to obtain a passport. The possible alternative documents include
- Birth certificate,
- Extract from the civil status register,
- ID Cards etc.
These must be translated into German translated and in most cases notarized/legalized. legalized.
3. rejected due to income
The proof of livelihood for you and your family is mandatory for Naturalization . This is to ensure that you and your family do not need state support. In our experience, mistakes are repeatedly made in the calculation here too and the Naturalization is rejected because of the income.
A good rule of thumb is: If you no money from the Jobcenter you are most likely earning enough money for yourself and your family.
- If you came to Germany as a contract worker and are not responsible for claiming social benefits (No. 3a),
- if you have worked full-time for at least 20 months in the last 24 months (No. 3b), or
- if you are the spouse of a person in gainful employment and live in a joint household with a minor child (No. 3c)
4. rejection due to certain previous convictions
Serious criminal convictions are an obstacle to naturalization Naturalization. Accordingly, the naturalization authorities check the level and number of previous convictions. Sometimes Naturalization is rejected due to previous convictions that do not actually pose a problem.
Minor criminal convictions, such as using public transportation without a ticket or driving a car without a license, are not a reason for refusal the Naturalization. Even if you have been sentenced to 30, 60 or even 90 daily rates for this, the Naturalization despite previous convictions cannot be withheld. In the following video, you can find out which previous convictions prevent Naturalization and which do not:
5. lack of a permanent employment contract
Naturalization authorities often mistakenly reject naturalization applications because of a missing employment contract. It is important that you have a job and that you keep it for a long time. An open-ended employment contract can be an indicator of this, but it is not obligatory.
Naturalization rejected - do not despair
In many cases, the authorities are to blame for a rejected Naturalization application. Of course, it also happens that the applicants themselves make mistakes. There are some requirements must be met and several documents must be submitted. Sometimes something can be overlooked or misunderstood. If in doubt, get legal help!
FAQ - Frequently asked questions about the rejected Naturalization
How long does the decision for the German Naturalization take?
Due to staff shortages and the large number of applications, the processing time for the German Naturalization 24 months or longer or longer.
What to do if the Naturalization is rejected?
If your Naturalization has been rejected, you can apply to the naturalization authority lodge an objection or file an appeal with the file a complaint.
Can the rejection of an application for naturalization be due to the authorities?
YesIt often happens that a Naturalization is rejected. The reasons often lie with the authority, which has made mistakes. This can happen due to a lack of staff, poor training and other reasons.
Does my asylum procedure time or study time have to be taken into account at Naturalization ?
YesYour period of study in Germany must be counted towards the required period of residence in Germany for Naturalization . If this does not happen, it is a mistake on the part of the authorities. Your period of asylum proceedings must only be taken into account if you are entitled to asylum (according to § 25 Para. 1 AufenthG), refugee or subsidiary protection (according to § 25 Para. 2 AufenthG).
Can my Naturalization be rejected because I don't have a passport?
NoThe Naturalization cannot be rejected because you do not have a passport. A translated and at best certified/legalized alternative document (birth certificate, extract from the civil status register, ID cards, etc.) showing your date and place of birth is sufficient. However, you must prove that you are unable to obtain a passport.
