Background: Cheating in language and naturalization tests
According to research by the media platforms Stern and RTL, the providers appear on social networks as alleged language schools. They advertise fake certificates for language levels A1 to C2 and fake LiD certificates. Certificates from the provider telc, but also from adult education centers or the Chamber of Industry and Commerce, are said to be particularly affected.
The documents are required to apply for Naturalization . A language test is also required for certain Residence permit such as the Settlement permit :
- § Section 30 AufenthG - Reunification of spouses
- § 9 AufenthG - Settlement permit
- § Section 28 AufenthG - Settlement permit for German spouses
- § Section 9a AufenthG - EU permanent residence
- § Section 35 AufenthG - Settlement permit for children of foreigners
- § Section 9 StAG - Naturalization of German spouses
- § Section 10 StAG - Naturalization
Experts warn that thousands of such forged certificates could be in circulation nationwide. Could this have consequences for all naturalization procedures and Residence permit?
Police union demands suspension of all proceedings
Heiko Teggatz, deputy chairman of the German Police Union, describes the trade in fake language certificates and integration tests as a serious criminal act. In an interview with the news channel NTV, he called for a swift reaction from politicians.
Specifically, Teggatz proposes temporarily suspending all procedures that require a B1 language certificate or proof of the "Living in Germany" test (LiD). According to Teggatz, the immigration authorities should also review all documents submitted in the last one to two years. If falsified documents are found, this should lead to the revocation of the residence permit or Naturalization.
Parties demand halt to proceedings and audit
The AfD parliamentary group is calling for similar measures. Interior policy spokesperson Gottfried Curio explained that a temporary halt to naturalizations and the issuing of residence permits is necessary as long as language certificates are part of the application requirements. Only when a "fraud-proof control practice" has been established should procedures be resumed.
In addition, the AfD advocates a comprehensive review of naturalizations and Residence permit that have already been granted. In cases of fraud, these should be revoked in accordance with Section 35 of the Citizenship Act.
The CDU is also in favour of re-examining all Residence permit and naturalizations that have already been granted. The Greens, on the other hand, warn against placing all naturalization applicants under general suspicion. Instead, they advocate for forgery-proof procedures to prevent fraud in the future without disadvantaging legitimate applicants.
Naturalization and Residence permit: Can procedures be suspended across the board?
From a legal perspective, however, a temporary and blanket halt to all naturalization and residence procedures is hardly feasible. The federal government would first have to create a clear legal basis. This would require a bill and a majority in the Bundestag.
The reason: In Germany, Naturalization is (in most cases) a so-called entitlement naturalization. According to Section 10 of the Citizenship Act (StAG), all applicants are legally entitled to Naturalization, provided they meet all legal requirements. These include, for example, legal residence in Germany for at least five years, knowledge of the German legal and social system, language skills and a secure livelihood.
Anyone who meets all these requirements for Naturalization has a right to a German passport in Germany. A blanket and temporary suspension of procedures would interfere with these subjective rights. Those affected could take legal action in administrative courts.
Residence permit are also subject to legal requirements: Residence permit, such as the Settlement permit or the EU permanent residence permit, cannot be stopped for all applicants without a legal basis.
What authorities and politicians can currently do
Authorities may (and must) specifically check each individual case - especially if there are doubts about the authenticity of the documents. This can mean that certificates are checked at examination centers, language schools or against databases.
If it is established that a Residence permit or Naturalization is based on falsified documents, the authorities can withdraw or revoke it(Section 35 StAG and Section 51 AufenthG). In the case of Naturalization , it can even be withdrawn up to ten years after it was issued.
However, each withdrawal notice must be individually justified. A blanket annulment for all applicants is not permitted. Those affected always have the option of lodging an objection and, if necessary, going to court.
The current debate surrounding the forged certificates could also lead to politicians creating new security regulations for future applications. This could include stricter verification, electronic verification or reporting obligations for test centers. However, such measures must be constitutional, proportionate and carefully justified.
Conclusion: A blanket stop to naturalizations is not legally feasible
The cases of forged language and "Living in Germany" certificates have triggered a debate on testing procedures and security measures throughout Germany. Contrary to calls from politicians and society, however, the federal government and immigration authorities cannot put a blanket stop to all procedures.
However, authorities have the right and the duty to examine each case intensively, especially if there are concrete doubts. If falsified documents are discovered, the authorities can withdraw or revoke theResidence permit or Naturalization in accordance with the applicable legal provisions. These measures are always taken on an individual basis, so that all applicants are never affected across the board.
