Frequently asked questions
Here you will find answers to all questions about Immigration law.
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Migrando general
Migrando Rechtsanwälte specializes in Immigration law , in particular in permanent residence rights and Naturalization.
We provide you with numerous free services via the Migrando platform. This applies in particular to
- Free test
- Legal tips in video form on www.migrando.de and on our Migrando social media platforms such as TikTok, YouTube, Instagram, Facebook
We have been handling mandates at Immigration law since 2016. Take a look at our social media channels, where you will find many legal tips and explanations. You can also get an impression of our qualifications.
In addition, our legal department, in particular lawyer Fabian Graske, is regularly live on TikTok.
As a first step, you should simply take our free test. If you meet the requirements for our legal services (e.g. Naturalization), we will contact you by telephone.
You can contact Migrando on 0355 - 547 88 161 by telephone
Our offices are located in Cottbus (see imprint). Cooperation with us takes place almost exclusively online or by telephone.
Yes, we handle cases throughout Germany. We already have mandates in all Foreigners' office and naturalization authorities, and we have a particularly large number of cases in all major cities.
Yes, we offer various installment payment options. You can find all information on our homepage.
Clients
We will confirm receipt of the documents by e-mail. In some cases, the confirmation e-mail may take a few days, especially if there is a weekend or public holiday in between.
You can enquire about the current status of the proceedings at any time by e-mail. However, we will inform you automatically about all necessary procedural steps.
At the end of the naturalization procedure, you will receive an appointment from us at the naturalization office so that you can make your commitment to the constitution.
Authorities in Germany charge fees for almost all administrative procedures, e.g. for a naturalization procedure. You must pay this fee in order for the naturalization certificate to be issued. The Naturalization usually charges a fee of 255 euros.
As a rule, you do not need to complete a formal application if you have commissioned us. Some authorities have very short processing times. In these cases, we do not want to delay the procedure unnecessarily and have the formal application completed. For most of our clients, this step is not necessary.
Naturalization - General
Each case has a different background. It also depends on which legal regulation you are applying for Naturalization (§ 8, § 9 or § 10 StAG). Take the free test and find out in just a few minutes whether you meet all the requirements.
This always depends on the individual case.
As a rule, you need to have been a legal resident for 3-8 years. Your livelihood must be secured, i.e. you must not receive any money from the Jobcenter. Payments into the pension insurance scheme are not necessarily required at Naturalization . You must not have a criminal record, although there are some exceptions. As a rule, you will need a German language certificate, usually at least a B1 language certificate. You will need proof of integration, e.g. a naturalization test. You will also usually need a valid national passport from your country of origin, although there are many exceptions. A signed declaration of loyalty is also important. You can obtain the form for this from the naturalization office/Foreigners' office.
You should always bear in mind that each case is individual. As a rule, you will need the following documents: Residence permit, national passport, employer's certificate, employment contract, proof of salary, pension insurance history, proof of language skills, proof of integration, health insurance certificate, rental agreement, proof of rent payment, passport photo, the signed declaration of loyalty.
This depends on your individual case. Pupils, students, trainees, the self-employed, disabled people and pensioners, for example, are exempt from some documents or require other documents.
Click on the link for the Naturalizationto view our step-by-step plan for both applications. However, you will be informed by e-mail about each individual step of the procedure during the mandate.
You will receive an appointment from us at the authorities before completing Naturalization , in which you will personally declare your loyalty to the constitution. We will then have already completed all the legal tasks for you.
The advantages of Naturalization are that you have the same rights as any other German citizen. You have the freedom of occupation and can freely choose where and with whom you want to work. As a German citizen, you have the same rights as all EU citizens. Furthermore, you are protected by all fundamental rights under the German constitution. Of course you can vote for the German Bundestag. For many, the most important thing is that you can travel to any country in the world with a German national passport. Not entirely unimportant for some: if you have a good credit rating, you can now get a loan without any problems, e.g. to buy a property.
Naturalization - Residence permit
The following Residence permit are currently blocked: Sections 16a, 16b, 16d, 16e, 16f, 17, 18d, 18f, 19, 19b, 19e, 20, 22, 23 (1), Sections 23a, 24, 25 (3) to (5) and Section 104c of the Residence Act.
If you have received a positive asylum decision, all periods from the date of application for asylum will be included in the calculation of residence periods.
With a Residence permit §19d AufenthG you can generally apply for Naturalization . The decisive factor is when you were first granted § 19d AufenthG. The time before Residence permit § 19d cannot be taken into account for your Naturalization , as you still had a tolerated stay for training at that time.
With a Residence permit §25a AufenthG you can generally apply for Naturalization . The decisive factor is when you were first granted § 25a AufenthG. The time before Residence permit § 25a cannot be taken into account for your Naturalization , as you still had a tolerated status at that time.
With a Residence permit §25b AufenthG you can generally apply for Naturalization . The decisive factor is when you were first granted § 25b AufenthG. The time before Residence permit § 25b cannot be taken into account for your Naturalization , as you still had a tolerated status at that time.
Naturalization - Dual citizenship
In principle, you must give up your old citizenship in accordance with § 10 StAG para. 4. However, there are many exceptions to this rule. These exceptions can be found under § 12 StAG. Since in many countries it is not possible to give up your old citizenship, there are exceptions, particularly for many Arab states, African states and South and Central American states. For example:
- Afghanistan
- Algeria
- Brazil
- Bolivia
- Eritra
- Iraq
- Yemen
- Somalia
- Syria
- Ukraine
In cases where I have to give up my old citizenship, I first receive an assurance of naturalization before giving up my old citizenship. As soon as I have provided proof that I have given up my old citizenship, the assurance of naturalization is converted into a naturalization certificate. From that point on, I am a German citizen.
The assurance of naturalization is generally valid for two years. If the new Naturalization Act is introduced in 2024, this intermediate step will no longer be necessary because the old citizenship will no longer have to be surrendered.
It is currently planned that the new Naturalization Act will be passed in November 2023. In this case, no one will have to give up their old citizenship and will automatically have dual citizenship.
Naturalization - Livelihood
Calculating your living expenses is very complicated. The calculation depends on how old you are, how much rent you pay, whether you are married and how many children you have. The decisive factor is that you do not receive any money from the Jobcenter. In this case, it can be assumed that your livelihood is secured and that you earn enough money.
No, there is no obligation to have a permanent employment contract. If you have been to the Jobcenter frequently in the past, an open-ended employment contract helps with the so-called prognosis decision. However, the information that Naturalization is only permissible with an open-ended employment contract is generally incorrect.
Normally, Naturalization is not possible in this case. There are some exceptions if you receive money from the Jobcenter through no fault of your own. However, these exceptions are very strict and rare.
You may receive child benefit, child benefit supplement, housing benefit, parental benefit, child-raising allowance, sickness benefit, maintenance advance, BAföG and BAB if you are naturalized.
You can receive housing benefit and still apply for your Naturalization . Housing benefit has no influence on your Naturalization.
You can generally receive sickness benefit and still apply for your Naturalization . Sickness benefit has no influence on your Naturalization.
The decisive factor is the forecast decision of the naturalization authority and not pension insurance months. Depending on the federal state, pension insurance months are included differently in the forecast assessment. However, there is no regulation that dictates how many pension insurance months you need for Naturalization .
It is generally better to have an employment contract for Naturalization . This makes it easier to prove that you are able to support yourself. Without an employment contract, you should not receive any money from the Jobcenter. If you only receive unemployment benefit I for a short time, this is generally not a problem for Naturalization .
Naturalization - Criminal record
If your previous convictions do not exceed a maximum limit of 90 daily rates or 3 months' imprisonment, Naturalization is possible without any problems. You will find the relevant legal regulation in Section 12a of the German Citizenship Act (StAG).
Find out more HERE in our Blog.
The expungement of criminal offenses is governed by § 46 BZRG. Depending on the offense that you have committed, the erasure periods are usually 5 - 15 years.
This cannot be said in general terms. It must always be checked whether your criminal offenses have been expunged in accordance with § 46 BZRG.
The naturalization procedure can be carried out, but the criminal proceedings must be completed in any case. As long as the permissible range of penalties is not exceeded, open criminal proceedings are not a problem, but merely delay the naturalization procedure.
If the penalty range has been exceeded by approx. 10 % (approx. 100 daily rates or 3.5 months' imprisonment), a Naturalization is possible.
Naturalization - Language
Normally you need a B1 language certificate.
If you have at least a B2 language certificate, you can be naturalized in Germany after just 6 years.
Yes, there are 5 exceptions to this:
- If you have attended a German school for 4 years and have been promoted to the next grade.
- If you have a German school-leaving certificate (from 9th grade school-leaving certificate).
- If you have successfully completed an apprenticeship in Germany.
- If you have successfully completed a course of study in German.
- If you are obviously fluent in German without proof of language proficiency. However, the requirements here are relatively high.
According to the current Naturalization Act, you can be naturalized with a B2, C1 or C2 certificate after just 6 years.
Naturalization - Integration
Basically yes. But don't worry, it's the easiest test you can take in Germany. You can find all information about the naturalization test HERE.
Yes, there are at least 3 exceptions in total.
- If you have a German school-leaving certificate.
- If you have a German educational qualification and subjects such as politics, social studies, social studies, law or similar were part of your training.
- If you have a German degree and subjects such as politics, social studies, social studies, law or similar were part of your studies.
Naturalization - Passport and identity
Basically yes. But there are many exceptions.
If you do not have a valid national passport from your home country, Naturalization is complicated. In this case, your identity must first be clarified. Either you obtain a valid national passport or you must have a permissible exception according to the graduated model.
Find out more HERE.
As there are many different cases in which people do not receive a valid national passport, the graduated model was developed in Germany. The graduated model defines when you can be naturalized without a passport and without documents.
Level 1: National passport
If you do not have a valid national passport from your home country and can prove that it is not possible for you to obtain a national passport, you do not need a passport for Naturalization.
Level 2: Biometric documents
If you do not have any biometric documents (driver's license, identity card, etc.) and can prove that it is impossible to obtain them, you do not need biometric documents.
Level 3: Other documents
If you do not have any other documents (birth certificate, baptismal certificate, school reports, etc.) and can prove that it is impossible to obtain them, you can be naturalized without these documents.
Level 4: Alternative proof of identity
If you do not have any documents from the first 3 levels and have proven in writing that it is impossible to obtain them at the respective levels, your identity can be proven if:
- Witnesses confirm your identity
- DNA test
- Own information
Even if the level model sounds very simple at first glance, the requirements for the evidence that must be provided are very strict.
If you have left Eritrea illegally and later apply for a national passport, the state of Eritrea will require you to submit a declaration of repentance. Eritrea thus demands that you admit to a criminal offense when you leave the country. Germany considers the declaration of remorse to be inadmissible. You can therefore be naturalized without a national passport. However, you must fulfill all requirements from stage 2 onwards in accordance with the stage model.
All people from Somalia have the problem that documents issued after 1991 are not accepted by Germany. Nevertheless, you can be naturalized if you have a national passport or meet the requirements of the graduated model. The legal situation is complicated, but the problem can be solved.
permanent residence permit
The Settlement permit is a very good permanent Residence permit and with the Naturalization you are a German citizen. Formally speaking, these are the biggest differences between an Settlement permit and the Naturalization. With an Naturalization you have exactly the same rights as any other German citizen. The Settlement permit gives you many rights, but is not the same as German citizenship.
From the age of 16, your child can apply for Settlement permit . The decisive factor is that your child has had a residence permit in Germany for 5 years by the time they turn 16. Your child must be completing training that leads to a recognized school, academic or educational qualification.
The advantages of Settlement permit are secure and permanent residence, simplified family reunification, taking out a loan works for you, entering and leaving Germany always works, working in Germany and abroad is legal, the permit is not tied to any purpose, planning security is better, there are no more appointments at Foreigners' office and you no longer have to worry about being deported.
Click on the link for the Settlement permitto view our step-by-step plan. However, you will be informed about each step of the process by e-mail.
New naturalization law
The planned new law on Naturalization is due to come into force in 2024.
With the planned new law, § 10 para. 4 StAG will no longer apply and dual citizenship will be officially recognized. Furthermore, it will be possible to apply for Naturalization after 5 years instead of the current 8 years. With special integration efforts, Naturalization can be obtained after just 3 years under the planned new law.
The following advantages will apply when the new Naturalization Act comes into force:
- Naturalization after 5 years instead of 8 years
- Naturalization after 3 years instead of 6 years
- Dual citizenship for all
- German citizenship at birth if one parent has had a permanent right of residence in Germany for 5 years
Essentially, the only change is that I need at least a C1 language certificate for Naturalization after 3 years.
In principle, hardly any changes are planned. The only change is that Naturalization will no longer be open to everyone after 8 years, but after just 5 years if all requirements are met. The most important requirements are then:
- 5 years legal residence
- Livelihood secured
- No relevant previous convictions
- sufficient language skills, e.g. B1 certificate
- Naturalization test
- Valid national passport of the home country or identity otherwise secured
With the new law, dual citizenship is basically possible with any country. There are no longer any differences in this respect, as the provision in § 10 Para. 4 StAG no longer applies. With the planned new Naturalization Act, it will no longer be necessary for you to give up your citizenship and is therefore no longer an issue.
Under the planned new naturalization law, Turkish citizens will be able to retain their Turkish citizenship at Naturalization in Germany just like other citizens of a foreign country. Until now, this has not been possible for all Turkish citizens and some Turkish citizens have had to make a decision under the previous option obligation and have thus lost one citizenship. This problem will no longer exist and dual citizenship can be achieved without any problems.
With the planned new law, dual citizenship will apply. It is therefore possible for you to become a dual citizen if your home country recognizes dual citizenship and you apply for the citizenship of your home country, which you have given up.
People who have lived in Germany for several decades are to benefit from the new naturalization law. This includes the elimination of the naturalization test for these people.
General information Immigration law
The change of residence permit always takes place before the responsible Foreigners' office.
If you submit applications to German authorities, e.g. naturalization application, and the processing takes more than 3 months, the official procedure can be accelerated by Lawsuit for failure of act . The Lawsuit for failure of act is registered with the competent administrative court in your place of residence.
Yes, you can apply for family reunification for your family with § 19d AufenthG.
In order for your foreign documents to be recognized, a translation is generally necessary.
No. In return for the issuance of a national passport, the Eritrean embassy wants you to sign a declaration of remorse as an Eritrean citizen that you have committed a crime by leaving Eritrea.Germany recognizes this step by the Eritrean embassy as subjectively unreasonable.
A fictitious certificate is a replacement identity document. You will receive this replacement document if the decision to extend your residence permit has not yet been made and you cannot prove your identity. As soon as your Residence permit has been extended, you no longer need a fictitious certificate and leave the fictitious certificate. You can apply for naturalization with a fictitious certificate. However, the final Naturalization will only be issued once your Residence permit has been extended and you leave the fictitious certificate.
An unlimited residence permit is the opposite of a temporary residence permit. You can stay in Germany indefinitely and your stay is not tied to a specific date. The best-known permanent residence permit is the Settlement permit.
The opportunity card is to be introduced in June 2024 as part of the new Skilled Immigration Act. The opportunity card is linked to a specific points system that must be achieved. In future, this points system will also give you the opportunity to apply for jobs and take up a position as a skilled worker. The opportunity card is valid for one year.
As a German, you can travel visa-free to over 190 countries. This makes the German passport one of the strongest and most powerful passports in the world.
With the declaration of commitment, you must bear in mind the risk that you as a citizen are liable for the person for whom you sign a declaration of commitment. In particular, if the person claims benefits from the Jobcenter, these funds will be reclaimed from the person who issued the declaration of commitment. The declaration of commitment is usually valid for 5 years.
Living expenses are calculated on the basis of various factors. These include whether you live alone or with a family and where you live (the amount of the amount to be proven may differ here). Based on your complete employment history (proof of income, housing, etc.), a positive or negative decision will be made regarding your prognosis for securing your livelihood.
That depends on your previous conviction. The expungement of previous convictions is regulated in § 46 BZRG. Here, the length of the erasure period is precisely described according to the severity of the offense. Only when your criminal offense has been erased from the Federal Central Criminal Register will the Naturalization work for you!
An expungement is the deletion of a specific matter. In the case of criminal offenses, erasure is therefore the deletion of the offense from the Federal Central Criminal Register. When the offense is erased is described in § 46 BZRG.
According to §§ 39, 49 BZRG, you can have the criminal record expunged at the time specified in § 46 BZRG and apply for this at the Federal Central Criminal Register. The Federal Central Criminal Register is kept and archived at the Federal Office of Justice in Bonn. Your previous conviction will then be erased (deleted) there and nothing will stand in the way of Naturalization if you have no other previous convictions that have not yet been erased.
In this case, written proof must be provided that it is not possible to renounce the original citizenship.
No, not in principle. However, in some cases we have our clients fill out the applications if we know that the naturalization procedure can be successfully completed very quickly as a result. If you submit applications without a lawyer, e.g. an application for naturalization, you should always fill out the application form completely and correctly. Unfortunately, this is often very complicated. You should be particularly careful when providing information about previous convictions, as otherwise you could face new criminal proceedings if you provide false information.
