The case: Man has been waiting for Naturalization since 2017
The present case concerned a Pakistani national who has been living in Germany since 2008. After marrying a German national, he initially received a residence permit in accordance with Section 28 (1) of the Residence Act. This was extended several times. In 2020, he finally received a Settlement permit.
Professionally, the man worked in the restaurant industry. In 2017, he took over a business and became self-employed. In the same year, he applied for Naturalization.
He submitted the necessary documents: among other things, a language certificate at B1 level, a certificate of participation in the integration course, and proof that he had passed the naturalization test. He had no criminal record. He had never received social benefits or welfare payments.
Since the Foreigners' office did not decide on the application Foreigners' office , the man filed a Lawsuit for failure of act. Shortly thereafter, the authority rejected the naturalization application.
Reason: His livelihood and that of his family are not sufficiently secured. Particularly in the case of self-employed persons, it must be carefully examined whether their income and retirement provisions are sufficient in the long term.
The man filed a lawsuit against the rejection.
Is the income sufficient – and how important is retirement provision?
During the court proceedings, the plaintiff submitted further documents, including tax assessments and business analyses of his restaurant business. These showed that his income in recent years had been significantly higher than initially assumed.
Nevertheless, the authorities upheld their rejection. They argued that Naturalization requiresnot only current income to be sufficient, but also future income to be secure. This includes adequate retirement provisions.
The problem: the plaintiff had taken out his private pension insurance late in life. As a result, he had paid in relatively little. This had a negative impact on his future prospects.
New law: 20 months of full-time work may be sufficient
Nevertheless, the Cologne Administrative Court ruled in favor of the plaintiff. In the judge's opinion, the rejection of Naturalization was unlawful.
The court based its ruling on the new law, which has been in effect since June 2024. This law contains an important exception regarding the requirement to prove financial independence for Naturalization.
The special provision (Section 10 (1) sentence 1 no. 3 letter b StAG) states that anyone who has worked full-time for at least 20 months within the last 24 months does not necessarily have to prove that they can support themselves in order to be naturalized.
The court clarified that this rule applies not only to employees but also to self-employed persons. It is important to note that the scope of the activity must correspond to full-time employment.
The court considered this requirement to be met in the plaintiff's case. He had been working full-time in his own business since March 2022 and was on duty there almost every day.
Court: Future prognosis not decisive if exception applies
The court also examined whether the plaintiff's pension provision would be sufficient according to the old standards. Here, the judges came to a similar conclusion as the Foreigners' office: the private pension provision was too low overall to allow for a positive prognosis for the future.
In the end, however, this was no longer decisive. The court ruled that if the special provision under Section 10 (1) sentence 1 no. 3 letter b StAG is fulfilled—i.e., if the applicant has worked at least 20 full-time hours in the last 24 months— the future prognosis can be disregarded.
Significance for those affected
With the reform of nationality law in 2024, the requirements for Naturalization have changed in some respects.
An important special provision has been added, which states that if an applicant has worked full-time for at least 20 months within the last 24 months, the requirement for a secure livelihood may be waived.
The Cologne Administrative Court also ruled that if this condition is met, Naturalization can take place Naturalization if the overall prognosis for the future is negative.
However, full-time employment must be verifiably documented. Self-employed persons in particular should carefully document proof of income, tax assessments, and information on the actual scope of work.
Also important: The Cologne Administrative Court has allowed an appeal. This means that the ruling is not yet final. It remains to be seen whether and how other courts will interpret the new regulation. Until a possible decision by a higher administrative court or the Federal Administrative Court, the issue could continue to be assessed differently.
Naturalization: When is a secure livelihood not necessary?
Apart from the "20 out of 24 months full-time rule," Naturalization law sets very strict requirements regarding livelihood for Naturalization .
One of the few other exceptions concerns former guest workers and contract workers who entered the Federal Republic of Germany before 1974 or the former GDR before 1990. Under certain conditions, they do not need to have their own secure means of livelihood in order to qualify for Naturalization.
There is also a special provision for families: if one spouse meets the requirement of full-time employment, the other spouse may also be exempt from the requirement to provide for their livelihood. This applies in particular if there is a minor child living in the family.
Under the old law, there was another exception: if someone received social benefits through no fault of their own—for example, due to illness— Naturalization was still Naturalization . However, this exception was abolished in the 2024 reform.
This means that illness alone is not automatically sufficient grounds for naturalization today. People who are permanently ill and therefore receive citizen's income or social assistance do not usually meet the requirements for naturalization by entitlement.
