The Higher Administrative Court of North Rhine-Westphalia addressed these questions in a recent ruling.
What was the case about?
The case involved a man who wished to become a naturalized citizen. In February 2024, he submitted a written application for “granting of German citizenship.” The application was received by the competent authority on February 16, 2024.
Along with the application, the man also submitted important documents. He intended to use these to prove that he met the requirements for Naturalization.
The authorities took a long time to decide on the application. It wasn’t until November 2024 that the man received an appointment for an in-person interview at the naturalization office. At this appointment, he was required, among other things, to present the original copies of the documents he had already submitted. But even after that, several months passed without the authorities reaching a decision on the application.
The man therefore filed a Lawsuit for failure of act § 75 of the Administrative Court Rules (VwGO). Such a lawsuit allows affected parties to take legal action against a government agency if it fails to rule on an application for more than three months without sufficient cause.
In the first instance, the proceedings were suspended until the end of 2025. The court cited the naturalization authority’s heavy caseload as the reason for this decision. The man filed an appeal against this ruling. He believed that the authority could not continue to cite its heavy caseload as a reason indefinitely.
Another key issue was the question of when the processing period had begun. According to the ruling, the agency assumed that the period had not begun until the in-person appointment in November 2024.
The plaintiff saw it differently. He argued that his application had already been submitted in February 2024. In his view, therefore, the processing period began on that date and not in November 2024.
Does an application for Naturalization have to be submitted in writing?
In practice, government agencies often offer different ways to apply for Naturalization. Most agencies provide their own forms, some use online portals, and others first schedule in-person appointments.
This may give applicants the impression that an application is not considered valid until a specific form has been filled out or an in-person appointment has been attended.
However, the law does not specify a particular format for Naturalization an application for Naturalization . This means that an application for naturalization does not necessarily have to be submitted on a specific form to be valid.
In general, an application may be submitted to the relevant authority in writing, online, in person, or orally for the record. The form used is not the decisive factor. What matters is whether it is clear to the relevant authority that the person in question wishes to acquire German citizenship.
This is how the court ruled
The Higher Administrative Court of North Rhine-Westphalia ruled in favor of the plaintiff. In the court’s view, the processing period did not begin only upon the plaintiff’s in-person visit in November 2024; rather, it began as soon as the application was received in February 2024.
The court made it clear: There is no legal provision requiring applicants to appear in person for their application for Naturalization be considered filed.
The court also confirmed that an application for Naturalization not required to follow a specific format. This means that a government agency cannot mandate the use of a specific form for the application.
An application for naturalization may generally be submitted to the authorities in writing or orally for the record. The only requirement is that it be clear to the authorities that the person wishes to be naturalized.
What does this decision mean for applicants?
This decision is important for people who wish Naturalization or are already in the process. It shows that an application for Naturalization not necessarily Naturalization be submitted on a specific form. An informal letter may also suffice if it clearly states that the Naturalization is Naturalization .
However, it is important that the intention to Naturalization is Naturalization evident. Simply asking for general information or making a non-binding inquiry does not constitute an application. On the other hand, explicitly stating that one wishes to be naturalized constitutes a valid application.
It is also important to note that the processing period always begins when the application is submitted and not after an in-person appointment with the agency. This also means that the agency must begin processing the application as soon as it is received.
Applicants are therefore advised to keep detailed records of when their application for Naturalization was received Naturalization the authorities. This will make it easier to prove later when the application was submitted and when the authorities are required to begin processing it.
