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Citizenship: German Nationality through Naturalisation

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Geschrieben von Daniel Naujoks Mittwoch, 2. März 2005

Naturalisation is the only way to become a full member of the German society including, for example, the right to vote, to be elected and to work as a civil servant. The Nationality Act of 2000 has made some major improvements in respect of statutory claims to naturalisation. The Immigration Act, which entered into force on 1 January 2005, has lead to some further changes.

A claim to naturalisation is subject to the following essential preconditions:
1) eight years legal residence in Germany
2) possession of a residence permit or entitlement to residence
3) express commitment to the German Constitution
4) no activities hostile to the Constitution
5) as a rule, ability to support oneself and one’s family without social security or unemployment benefit
6) no serious criminal convictions, minor offences excepted
7) adequate command of the German language
 
In order to be entitled to acquire German citizenship, you have to be in possession of a settlement permit or a special residence permit. As a general rule, the residence permit must have been granted for a reason that normally forms the basis of permanent residence. Thus a residence permit for the purpose of studying or for humanitarian reasons does not meet this requirement. In addition, you can generally only apply for German citizenship after residing legally in Germany for at least eight years. But, this time period is reduced to seven years if you have successfully completed an integration course. Moreover, spouses and children of a naturalising foreigner can acquire German nationality even if they have not been living in Germany for eight years.
 
In addition to the above mentioned requirements, an applicant must generally give up his or her previous citizenship (section 10 (1) Nr 4 of the Nationality Act). However, there are exceptions in case the applicant is not or only under great difficulties able to renounce his or her former citizenship (section 12 (1) of the Nationality Act).
 
In addition to the naturalisation due to an entitlement, there is the possibility of a discretionary naturalisation. However, there are strict conditions regarding this procedure: exceptions, for instance, in the case of social welfare recipients are not permitted in this case.
Naturalisation can occur within a shorter period of time for people who have been granted asylum (under Article 16a of the German Constitution), refugees who have been recognised under the Geneva Convention or those who are stateless: these people can apply for citizenship after a period of 6 years.
Spouses of German citizens also enjoy  preferential treatment. If the couple has been married for at least two years at the moment of naturalisation and if the spouse has been resident in Germany for at least three years before the application, he or she may apply for citizenship.
 
The cost of naturalisation is 255 euros.
 
Further information at: www.einbuergerung.de

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