What was the case about?
The case involved a Turkish national who has been living in Germany since 1992. He has held a Settlement permit. In December 2017, he applied for Naturalization.
The competent authority reviewed his application and determined that he met nearly all the requirements for Naturalization. However, under the law in effect at the time, applicants generally still had to renounce their previous citizenship in order to obtain German citizenship. The man therefore first had to prove that he had been released from Turkish citizenship.
The man later explained that he could not renounce his Turkish citizenship. He had learned from the Turkish Consulate General that there was an arrest warrant out for him in Turkey. In addition, he was the subject of a criminal investigation there.
According to him, the Turkish authorities accused him of having spoken out critically against the Turkish government while in Germany. He is also accused of having ties to the Gülen movement.
Since the German authorities did not issue a final decision on his application for naturalization due to the ongoing investigation in Turkey, the man filed a Lawsuit for failure of act. He argued that the offense he was accused of in Turkey was not a criminal offense under German law. Therefore, he maintained that he was still entitled to Naturalization.
Investigations in Naturalization Proceedings: What Does the Nationality Act Say?
For the Naturalization , applicants must meet numerous requirements. One of the most important requirements is that the applicant must not have a history of serious criminal offenses or convictions.
Minor convictions Naturalization do not prevent Naturalization . This applies, for example, to fines of up to 90 daily rates or short prison sentences of up to three months on probation. In the case of more serious convictions that exceed these limits, Naturalization , applications for Naturalization are typically denied.
But a criminal conviction isn't Naturalization only Naturalization that can affect Naturalization . An ongoing criminal investigation can also Naturalization halt the Naturalization .
Under Section 12a(3) of the German Nationality Act (StAG), the authorities must Naturalization the Naturalization if the applicant is under investigation on suspicion of a criminal offense.
This means that the agency must wait until the preliminary investigation or criminal proceedings have been concluded before it may Naturalization on Naturalization . If a conviction is handed down, the agency may not make a decision until the judgment becomes final. This generally applies to preliminary investigations and criminal proceedings abroad as well.
However, the recent ruling by the Higher Administrative Court of North Rhine-Westphalia cites an important exception here: A criminal investigation abroad may Naturalization block Naturalization if it is certain that the act in question is not a criminal offense under German law.
What was the court's decision?
The Higher Administrative Court of North Rhine-Westphalia ruled that the man Naturalization not eligible for Naturalization at the time of the court hearing. Although there was no final conviction against him in either Germany or Turkey, he was Naturalization not permitted Naturalization .
Although the acts of which the man was accused—alleged membership in the Gülen movement and critical remarks about the Turkish government—were not criminal offenses in Germany, Naturalization was, Naturalization , possible.
However, the man was unable to provide sufficient evidence that the Turkish authorities were investigating him solely on the basis of these allegations. The documents submitted did not clearly indicate which acts he was accused of. The court was therefore unable to rule out the possibility that the proceedings also concerned acts that would be criminal offenses under German law.
Conclusion: What does the ruling mean for applicants?
The ruling shows that it is not only criminal proceedings in Germany that can Naturalization . Investigations in another country can also lead the naturalization authority to temporarily suspend the process. In such cases, the authority must generally wait until the proceedings are concluded.
However, there is an exception for investigations conducted abroad: If it is established beyond a doubt that the alleged offense is not a criminal offense in Germany, the foreign proceedings may Naturalization block Naturalization .
However, applicants must substantiate this with reliable and unambiguous evidence. A general statement that the offense alleged abroad is not a criminal offense in Germany is not sufficient. The documents should make it as clear as possible what specific allegations the foreign authorities are making and what actions these are based on.
If the reasons for the investigation abroad cannot be clearly established, the naturalization authority must Naturalization its decision on Naturalization . This applies even if the applicant declares that he or she is innocent and has no prior convictions on his or her criminal record.
