What is the AfD calling for in Bavaria?
The AfD caucus in the Bavarian State Parliament is calling for a review of all naturalizations since 2016. The aim is to verify whether individuals may have obtained German citizenship through forged documents or other forms of fraud.
The call is based on cases of forged language certificates that have come to light in recent months. According to the party, there have also been many such cases of fraud in Bavaria.
From the AfD’s perspective, it is not enough to simply improve measures to protect language certificates and “Life in Germany” tests against forgery and fraud in the future. Instead, naturalization proceedings that have already been completed should also be reviewed.
Specifically, the AfD parliamentary group is concerned with all naturalizations since 2016. This is because, under certain circumstances, it is legally possible to revoke a Naturalization to ten years after it was granted.
Why counterfeit certificates are a problem
Anyone wishing to become a naturalized citizen in Germany must generally demonstrate sufficient knowledge of the German language. A language certificate at the B1 level is usually required for this purpose. In addition, applicants must demonstrate knowledge of the legal and social system as well as living conditions in Germany. This is often done through the naturalization test or the “Life in Germany” test.
The same applies to the Settlement permit , language proficiency certificates and the LiD test play an important role. If forged documents are submitted or exams are tampered with, authorities may make decisions based on false information. This is problematic because both the German passport and the Settlement permit come Settlement permit far-reaching rights.
In recent months, there have been repeated reports of cases in which fake language certificates or tampered “Life in Germany” tests are said to have been submitted. Investigations have also been conducted in Bavaria.
Since then, there has been increasing discussion about how to better protect exams and detect cases of fraud more quickly. Politicians from various parties are also calling for stricter controls and harsher penalties for fraud in the naturalization process.
When can a Naturalization be reviewed Naturalization —and when not?
In principle, government agencies may review whether a Naturalization was Naturalization even after German citizenship has been granted. However, strict rules and requirements apply. A retroactive review of Naturalization permitted only if there is concrete evidence that fraud was committed during the proceedings or that false information was knowingly provided.
Such indications may exist, for example, if a language certificate appears suspicious, an examination center is suspected of fraud, or it later comes to light that documents were forged. In such cases, the competent authority may conduct a retrospective review to determine whether the requirements for Naturalization were Naturalization met.
If it is determined that Naturalization was obtained Naturalization fraud, it may be revoked. In principle, this is Naturalization possible up to ten years after Naturalization .
However, it is legally much more difficult to review all naturalizations without concrete grounds for suspicion, as the AfD is demanding in Bavaria. This is because, in the absence of concrete and well-founded grounds for suspicion, naturalizations may not be reviewed retroactively.
It is also important to note that even if fraud is suspected, the authorities may only investigate the specific case in question. Thus, if there are indications of fraud in a particular Naturalization, only that specific case may be investigated—not automatically all naturalizations processed by the same authority.
Therefore, under current law, the AfD Bavaria’s demand to re-examine all naturalizations since 2016 is not possible.
Under what circumstances can Naturalization be Naturalization ?
German citizenship is particularly strongly protected under the Basic Law. For this reason, Naturalization can be revoked Naturalization under very strict conditions.
Under Section 35 of the Nationality Act, Naturalization may be revoked if it was obtained Naturalization fraud, coercion, or bribery. Intentionally false or incomplete information may also result in Naturalization of Naturalization .
It is important to note that not every mistake automatically results in the loss of German citizenship. The decisive factor is whether the information was provided knowingly. Someone who inadvertently provided incorrect information is treated differently under the law than someone who intentionally submitted false information.
In addition, there is a time limit: generally, revocation is only possible within ten years of Naturalization. If fraud is detected, a person may also be Naturalization from reapplying for Naturalization for up to ten years.
What would have to happen for the AfD's demand to be implemented?
In order for the AfD Bavaria’s proposal to be implemented, the legal situation would have to change. This would require legislation at the federal level, since citizenship laws apply throughout Germany. Bavaria could not, therefore, introduce such a regulation on its own.
Furthermore, such a law would have to be consistent with the Basic Law. Since German citizenship is subject to special protection, the state would have to provide a detailed justification as to why a general review of all naturalizations is necessary and proportionate. At present, however, such a change is considered rather unlikely.
