Survey: majority against German passport for Syrians
According to the INSA flash poll commissioned by Bild, 64% of respondents are in favour of a temporary ban on naturalization for Syrian citizens. 16 percent reject the idea and twelve percent did not say.
The survey also provides a picture of opinion on other migration policy issues. For example, 65% reject a so-called "departure bonus" for rejected asylum seekers - i.e. financial support for a voluntary return to the country of origin.
According to the survey, 48% of respondents also stated that Syrians themselves were responsible for the reconstruction of their country. 36% were in favor of international support for reconstruction.
However, it remains unclear how reliable the results of the survey are. The Bild article does not provide any methodological details about the survey: Neither is it known how many people were surveyed, nor when the survey took place and how the data was collected. Without this information, it is difficult to assess the significance of the survey.
Another, thematically similar INSA flash survey was conducted a few days ago with 1,005 people - whether this is also the case here remains to be seen.
Can Naturalization be suspended for certain nationalities?
Regardless of this, the survey raises an interesting question for those seeking naturalization in Germany: Should Germany be allowed to suspend Naturalization for certain nationalities or population groups across the board?
From a legal point of view, the answer is clear: No. A blanket ban on naturalization for people from a particular country is not permitted.
The basis for this is the prohibition of discrimination in Article 3 (3) of the Basic Law, which states: No one shall be discriminated against or favored because of sex, descent, race, language, homeland and origin, creed, religious or political opinion.
This means that a person's origin must not determine whether their application for naturalization is considered.
Requirements for Naturalization regulated in nationality law
In Germany, Naturalization is regulated by the Citizenship Act (StAG). This also does not allow a blanket exclusion for certain nationalities. All naturalization applications must be examined individually.
In addition, the StAG stipulates requirements for Naturalization that apply equally to all applicants - regardless of origin or nationality. These include, among other things
- At least five years of legal residence in Germany
- a Residence permit that entitles you to Naturalization , for example a Settlement permit
- Proven identity and nationality, e.g. national passport and birth certificate
- Secure livelihood, i.e. no dependency on income support or social assistance
- Impunity or minor offenses
- Sufficient knowledge of German at least at B1 level, proven for example by school-leaving qualifications or language certificates
- Commitment to the free democratic basic order and no anti-constitutional activities
- a passed naturalization test
These requirements apply to all persons who wish to apply for a German passport - regardless of which country they come from.
Basics for Naturalization at a glance
The most important legal regulations for Naturalization under the Nationality Act are:
§ 10 StAG - Entitlement to naturalization: According to § 10 StAG, there is an entitlement to Naturalization if all legal requirements are met. If there is an entitlement or if all legal requirements are met, must the authorities must naturalize.
§ Section 8 StAG - discretionary naturalization: Naturalization may be possible even if individual requirements for eligibility for naturalization (Section 10 StAG) are not met. The decision is then at the discretion of the authorities and requires special reasons.
§ Section 9 StAG - Naturalization in the case of marriage or civil partnership with Germans: Persons who are married to a German citizen or live in a registered civil partnership can be naturalized under simplified conditions. Prerequisites include at least two years of marriage or civil partnership and three years of legal residence in Germany.
§ Section 11 StAG - grounds for exclusion: Naturalizations must be rejected if certain grounds exist - such as serious criminal offences or anti-constitutional activities. These grounds for exclusion must always be examined on a case-by-case basis and relate to the behavior of the individual person, not their nationality.
No ban on naturalization by origin
The Nationality Act (StAG) does not provide any legal possibility to suspend naturalizations for a specific nationality or population group. Neither § 10 nor § 9, § 8 or § 11 StAG allow a blanket decision based on origin. Instead, the law expressly obliges the authorities to examine individual cases.
A delay or stricter interpretation of the requirements would also not be legally permissible, as this would be contrary to:
- the prohibition of discrimination under Art. 3 para. 3 GG,
- the principle of equality in administrative law and
- European legal requirements
would be violated.
Conclusion
From a legal perspective, a ban on naturalization for Syrians - or for any other nationality - is not permitted under the current legal situation. The Basic Law (GG) prohibits discrimination based on origin. The Citizenship Act (StAG) obliges the authorities to examine each application individually.
Naturalizations may only be assessed on the basis of a person's conduct (in the case of criminal offences) and personal qualifications, not on the basis of their nationality. Neither the StAG nor the GG permit blanket restrictions on certain population groups. Even indirect measures, such as a targeted delay or a stricter assessment on the basis of nationality, would be unlawful.
It therefore remains clear that Naturalization in Germany is an individual legal process based on fixed legal requirements.
