What was the case about?
This case involved a man from Guinea-Bissau who wanted to become a naturalized citizen in Germany. He already had a Settlement permit and filed an application for Naturalization with the competent authority in Hamburg on February 22, 2025. After the authority initially failed to decide on his application for a long time, the man filed a Lawsuit for failure of act before the Hamburg Administrative Court.
With the Lawsuit for failure of act , he sought to compel the authorities to rule on his application for naturalization. The Foreigners' office , however, Foreigners' office to dismiss the man’s lawsuit. It pointed out that several criminal investigations against the plaintiff dating back to 2023 and 2024 were still pending.
This means that the plaintiff had allegedly committed criminal offenses that were still under investigation at the time of the naturalization application. It was therefore not yet clear whether the case would result in an indictment, a conviction, or the dismissal of the charges.
In addition, the agency believed that other personal and financial issues remained unresolved, including potential child support payments. These unresolved issues also prevented his Naturalization.
What rules apply to investigations and criminal offenses in the naturalization process?
Criminal offenses can be Naturalization major obstacle to Naturalization . Under the Nationality Act, applicants generally must not have been convicted of serious criminal offenses. This requirement is set forth in § 10(1), sentence 1, no. 5 of the Nationality Act.
Minor convictions generally do not affect 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.
It is also important to note that, in the context of Naturalization , multiple convictions are Naturalization taken into account collectively. As a result, several convictions that would be harmless on their own can accumulate and Naturalization preclude eligibility for Naturalization .
However, it is not only a conviction but also an ongoing criminal investigation that can Naturalization for Naturalization . Under Section 12a(3) of the Naturalization Act (StAG), the decision on Naturalization must be Naturalization if the applicant is the subject of a criminal investigation.
This means that the agency will first wait to see the outcome of the criminal proceedings before Naturalization on Naturalization . If a conviction is handed down, the agency will then determine whether the sentence Naturalization or whether it is no longer an obstacle.
What was the court's decision?
In its ruling, the Hamburg Administrative Court upheld the applicable law—and dismissed the man’s lawsuit. Although the Lawsuit for failure of act admissible in principle, since more than three months had passed since the naturalization application was filed, the lawsuit was nevertheless unsuccessful.
In the court’s view, the plaintiff was not eligible for Naturalization at the time of the hearing. Nor was he entitled to an immediate decision on his application by the authorities. This was due to the ongoing criminal investigations against him.
The court confirmed that if an individual seeking naturalization is under investigation for a suspected criminal offense, the decision on Naturalization must be Naturalization . In such cases, the agency is generally prohibited from Naturalization a final decision on Naturalization . Even a court cannot compel the agency to decide on the application or grant naturalization to the individual in this situation.
First, we must wait to see how the investigation concludes. Only then can the authorities determine whether the requirements for Naturalization have been met.
Conclusion: What does this mean for those seeking naturalization?
The ruling shows that criminal offenses and ongoing criminal investigations are taken Naturalization seriously in the Naturalization . It is important to note that it Naturalization not only a final conviction that can Naturalization a problem for Naturalization . Even suspicion of a criminal offense and an ongoing criminal investigation regularly lead the authorities to Naturalization the Naturalization decision.
However, the ruling does not mean that Naturalization is definitively ruled out Naturalization such cases. The outcome of the criminal proceedings is decisive. If the case is dismissed without a conviction, the authorities may continue to review the application for naturalization.
If a conviction is handed down—or if there has been a previous conviction —the naturalization authority will determine whether the conviction Naturalization . The following applies:
- Convictions resulting in fines of up to 90 daily rates do not affect Naturalization.
- Even prison sentences of up to three months may be deemed harmless if they were suspended and subsequently waived after the probationary period expired.
- If the limit of 90 daily rates or three months of probation is exceeded only slightly, the authorities have some discretion. In such cases, they may still decide that the conviction Naturalization preclude Naturalization .
- In cases involving substantial fines, non-probationary prison sentences, or probationary sentences of more than three months, Naturalization is Naturalization not possible.
It is also important to note that, in some cases, Naturalization not immediately possible after a sentence has been served. Previous convictions are recorded in the Federal Central Register and may be Naturalization during the Naturalization as long as they remain on record.
Only after certain waiting periods have elapsed does a criminal conviction no longer bar Naturalization. The length of these waiting periods depends on the nature and severity of the offense. The more serious the offense or conviction, the longer it may take before Naturalization becomes possible Naturalization .
It is therefore important for those seeking naturalization to Naturalization disclose any prior convictions or ongoing criminal proceedings during the Naturalization . Anyone who is unsure whether a prior conviction Naturalization a problem for Naturalization should have their case thoroughly reviewed before submitting an application.
