Authorities Reject Naturalization Application Naturalization Unresolved Identity Issues
The case involved a man from Eritrea who had entered Germany in 2014. During his asylum proceedings, he stated that he had been forcibly conscripted into military service in Eritrea. He later claimed to have been imprisoned and to have fled Eritrea.
In 2016, the man wasgranted refugee status in Germany. He has been working full-time since September 2015. Since February 2023, he has held a Settlement permit. In August 2023, he finally applied for Naturalization.
To verify his identity for Naturalization purposes, the authorities required an Eritrean passport or a comparable identity document. Among other things, the man presented a birth certificate, a marriage certificate, his Settlement permit his refugee travel document. However, the authorities deemed these documents insufficient to verify his identity.
Is it reasonable to visit the Eritrean Embassy?
The plaintiff refused to go to the Eritrean Embassy. He said that, in order to obtain a passport there, he would have to sign a so-called "declaration of repentance " and pay a " reconstruction tax." He argued that neither of these requirements was reasonable.
Background: By signing the statement of remorse, Eritrean nationals confirm, among other things, that they left Eritrea illegally and thus violated Eritrean law. In doing so, they are effectively accusing themselves of a crime. If they return to Eritrea, they could be punished for this.
The Federal Administrative Court had already ruled in an earlier case that such a declaration may not be required if it would be unreasonable to expect the person concerned to provide it. At that time, however, the case did not concern Naturalization, but rather a travel document for foreigners.
The plaintiff also cited this ruling. He argued that, given the possibility of a declaration of repentance, he could not reasonably be expected to appear at the Eritrean embassy.
In addition, the plaintiff did not want to pay the so-called “reintegration tax.” This tax amounts to about two percent of income earned abroad. The plaintiff argued that he did not want to financially support the country from which he had fled.
Court: Visiting the Embassy Is Reasonable
The Administrative Court dismissed the man's lawsuit. In the judges' view, he is subject to the obligation to cooperate. This means that he must take all possible and reasonable steps to obtain the documents needed for Naturalization. This includes visiting the embassy to apply for a passport or to clarify the requirements for obtaining one.
In the plaintiff’s case, there was insufficient evidence to suggest that he was in danger simply by visiting the embassy. Therefore, the visit was, in principle, reasonable.
The man must first determine whether the embassy actually requires a statement of remorse in his case. Merely assuming that a statement of remorse is always required is not enough. Only if the embassy actually requires a statement of remorse can obtaining a passport be deemed unreasonable.
Identity Verified for Naturalization: What (Other) Options Are There?
One of the most important requirements for Naturalization is a verified identity. The most important document for this purpose is avalid passport from the country of origin.
If an applicant is unable to present a passport, he or she must provide evidence of the steps taken to obtain one. In addition, he or she must explain why obtaining a passport is objectively impossible or subjectively unreasonable. Only once this has been sufficiently documented can other documents be reviewed to verify the applicant’s identity.
For this purpose , there is what is known as the tiered model for Clarification of identity. It specifies which documents are acceptable as proof of identity and in what order.
It is important to note that the next level can only be considered once the possibilities of the current level have been fully explored.
- Level 1 (Passport from the Country of Origin): As a general rule, applicants must prove their identity with a valid passport from their country of origin. An identity card or national ID card is not sufficient for this purpose.
- Level 2 (Passport substitute or official document with a photograph): If an applicant is unable to obtain a passport, or if obtaining a passport is (demonstrably) unreasonable, other official identity documents with a photograph may serve as proof of identity. These include, for example, an identity card (Personalausweis) or a passport substitute.
- Level 3 (Other Official Documents): If no documents with a photograph are available, official documents without a photograph may be verified. These include, for example, birth certificates, driver’s licenses, employee ID cards, or military service cards.
- Level 4 (Additional Evidence): If such documents are also unavailable, witness statements, written information, or expert opinions, for example, may be taken into account.
- Step 5 (Information Provided by the Applicant): As a last resort, the authorities may also verify the applicant’s identity based on the information provided by the applicant for naturalization. To do so, the applicant must provide a complete, clear, and credible account of their identity and life history.
In the plaintiff’s case, it was precisely this tiered model that proved decisive. In the court’s view, the plaintiff could not rely on evidence from later stages (stages 2–5) because he had not made sufficient efforts beforehand to obtain an Eritrean passport.
Conclusion: What does the ruling mean for those affected?
The ruling shows that anyone applying for German citizenship must actively cooperate in the process of establishing their identity (duty to cooperate). This also applies to people with refugee status.
For Eritrean nationals, this means: They, too, are required to cooperate! Anyone who cannot present an Eritrean passport must try to clarify with the embassy whether a passport is possible even without a declaration of repentance. Only if the embassy (demonstrably) requires a declaration of repentance can other forms of identification be accepted for Naturalization.
It is therefore important for those affected to document all their efforts in detail. This includes, for example, appointments, letters, responses from the embassy, and specific details about what was requested during the interview. This is because, when applying for Naturalization , it Naturalization not enough to simply make a general reference to difficulties in obtaining a passport.
