Cologne Administrative Court Orders Naturalization
The Cologne Administrative Court has ruled that an Afghan national must be naturalized. The competent naturalization authority had previously failed to make a decision, which is why the plaintiff filed a Lawsuit for failure of act .
The agency took the view that the Naturalization cannot take place because the petitioner is unable to support himself.
The plaintiff has lived in Germany for many years and has been working full-time as a security guard for quite some time. Nevertheless, his income was insufficient. The reason: He is obligated to provide child support for several children and must spend a large portion of his income on child support payments.
Are child support payments an issue for Naturalization?
As a general rule, the Naturalization process Naturalization verifying whether the applicant’s livelihood is fully and permanently secured.
This means that applicants must be able to cover their own expenses—and, if applicable, those of their dependents— without relying on the basic income or welfare benefits.
The Foreigners' office takes a Foreigners' office look at these details. It reviews your monthly net income, housing costs (rent, utilities, and heating), as well as other sources of income such as child benefits or housing assistance.
While basic income and welfare benefits generally constitute an obstacle to Naturalization, benefits such as child support, housing assistance, or unemployment benefits (Unemployment Insurance I) are not considered a problem.
Child support payments (for children who do not live in the same household) are also fully taken into account in this calculation. They reduce disposable income.
In this specific case, that was precisely what led to the plaintiff’s income being insufficient on paper. After deducting the child support payments, there was not enough left to cover all of his needs. Thus, the requirement for securing a livelihood was not actually met.
Exception: Naturalization lack of means to support oneself
Nevertheless, the court ruled in favor of the plaintiff. The reason is an important legal exception that has been in effect since 2024.
Under the exceptionprovided for in Section 10(1), first sentence, item 3 of the German Nationality Act (StAG), Naturalization may be possible Naturalization if the applicant’s livelihood is not fully secured. The prerequisite is that the applicant has been working full-time for a considerable period of time —specifically, for at least 20 months over the past two years.
A positive outlook for the future is also crucial: the full-time position is expected to remain in place.
That was precisely the case here. The plaintiff had been employed full-time without interruption for several years. The court viewed this continuous employment as evidence of sustained integration into the labor market.
The court thus makes it clear that it is not only the amount of income that matters. Under the new rules, it is also decisive whether a person is employed on a long-term basis and is economically integrated.
Summary: When is Naturalization —and when is it not?
Alimony payments can Naturalization because they reduce disposable income. If living expenses are not fully covered as a result, Naturalization is Naturalization not possible at this stage.
However, there is one important exception: Anyone who has worked full-time for at least 20 months over the past two years and is expected to continue working can still be naturalized (provided all other requirements are met). In this case, it is not solely the amount of income that matters, but also long-term integration into the labor market.
This is particularly important for people with several children or complex family situations. In such cases, income is often significantly reduced by child support payments.
A landmark decision
The Administrative Court has granted leave to appeal. This indicates that the case involves a matter of principle that has not yet been definitively resolved.
It is therefore possible that higher courts will revisit this issue in the future. Until then, however, the ruling provides an important initial guideline: Alimony payments alone Naturalization necessarily stand in the way of Naturalization —especially if a person is working full-time on a permanent basis.
