Although he fulfilled all the formal requirements for Naturalization, his citizenship was revoked. The case raises the question: Would something like this also be conceivable in Germany?
Case in Austria causes a stir
According to media reports, the man has been living in Austria for years, is professionally and socially integrated there and applied for Naturalization in 2023. But when he was invited to the ceremonial presentation of the certificate, he refused to sing along to the national anthem.
The reason: his religious beliefs. As a member of the Jehovah's Witnesses religious community, he rejects all national anthems, he says - including those of his country of origin.
In Austria, however, singing the national anthem at the naturalization ceremony with the national and state flags waving is required by law. This may only be waived in exceptional cases.
The state government then withdrew the Naturalization that had already been promised. The person concerned filed an appeal - but without success.
Court: No anthem, no passport
The competent administrative court in Baden (Lower Austria) confirmed the decision of the Foreigners' office. The ceremonial conferral of citizenship is regulated by law, according to the reasoning. This also includes the obligation to sing the national anthem.
According to the Austrian media, the reasons for the ruling also state that anyone who refuses to participate fully in this act may not have the necessary "affirmative attitude towards the Republic of Austria".
The curious thing is that Austria does not allow dual citizenship. Ukraine had also not yet introduced this option at the time. It is unclear whether the mangave up his Ukrainian passport in advance and is therefore now stateless. According to official information, he is still a Ukrainian citizen.
Naturalization in Germany: Is participation in the ceremony mandatory?
Naturalization ceremonies are also held regularly in Germany, where the new citizens are presented with their certificate. They usually take place publicly in town halls and are organized with varying frequency depending on the municipality.
Participation in the naturalization ceremony in Germany is not compulsory. Only the personal collection of the naturalization certificate at the responsible Foreigners' office is mandatory.
However, since the Citizenship Act was amended last year, the certificate should be handed over at a public ceremony(Section 16 StAG).
Are people in Germany obliged to sing along to the national anthem?
The German national anthem is also often played at naturalization ceremonies in Germany. However, there is no legal obligation to sing along. The focus is on the presentation of the naturalization certificate and the commitment to the free and democratic basic order.
This means that anyone who refuses to sing the national anthem can still be naturalized in Germany.
What are the requirements for Naturalization in Germany?
Anyone wishing to be naturalized in Germany must meet various requirements as stipulated in Section 10 of the Citizenship Act (StAG):
- At least five years of legal residence in Germany - under certain conditions this period can be reduced to three years.
- Proof of identity and previous nationality - for example, a valid national passport, birth certificate or similar documents.
- Valid Residence permit approved for Naturalization .
- Independent means of subsistence - applicants must not receive benefits under SGB II (citizen's allowance) or SGB XII (social assistance).
- Sufficient knowledge of German at level B1 of the Common European Framework of Reference for Languages (CEFR).
- Basic knowledge of the German legal and social order - usually proven by the naturalization test.
- Commitment to the free democratic basic order of the Federal Republic of Germany.
- No serious criminal offences - minor offences (e.g. fines of up to 90 daily rates) do not usually stand in the way of Naturalization .
