Acting for yourself, statutory representation and authorising a lawyer

You can generally apply for naturalisation yourself; if you instruct us, we clarify representation, authority to act and the personal declarations still required. Statutory representatives act for children or people who cannot legally act on their own behalf. It is also possible to authorise a representative voluntarily, particularly a lawyer. These forms of support differ in their legal basis, scope and the declarations that must still be made personally.

Anyone with the capacity to act can prepare and submit their own naturalisation application and deal with the authority themselves. This includes providing documents, answering enquiries and setting out their own legal position. The authority does not have to treat an application differently simply because it was submitted without legal assistance. What matters remains the statutory requirements and establishing in a clear and verifiable way whether they are met.

However, being able to act for yourself does not mean that the procedure consists solely of completing form fields. Questions about identity, periods of residence, subsistence or previous criminal proceedings may require legal assessment. Whether a single consultation or more extensive representation is needed depends on the particular issues requiring clarification. Support can also be brought in while proceedings are already underway.

To take over your case, we review the complete application copy, all communications from the authority and the outstanding issues. This lets us assess earlier statements and open questions together and base further work on them. Providing only the most recent request for further documents may leave important earlier information out of account. The overview of preparation and support explains how the individual stages of the procedure fit together.

Nationality law contains a specific age rule. Under § 34 StAG, people generally have the capacity to act once they have turned 16. Exceptions include, in particular, legal incapacity and the combination specified by law of relevant court-appointed adult assistance and a requirement to obtain the appointed person's consent. In an ordinary situation, this means that a young person aged 16 or 17 can make legally effective declarations themselves in naturalisation proceedings.

The age threshold of 16 is not the same as reaching adulthood. It concerns procedural acts under the Nationality Act. It neither confers general adulthood under civil law nor automatically grants the capacity to act independently in every other administrative procedure. In particular, the rules of residence law must not be applied to naturalisation without checking whether they are relevant.

Independence also includes receiving decisions and other procedural communications from the authority. For young people, we therefore clarify the address and electronic contact actually used. Parents can continue to help with organisation, but their support does not automatically replace a declaration by the young person who now has the capacity to act. Likewise, earlier correspondence addressed to the parents is not necessarily the appropriate model for every subsequent step.

This specific capacity to act must also be distinguished from entering into a contract that involves payment. A valid application submitted independently does not automatically mean that a minor can enter into any fee agreement without the necessary parental consent. Civil-law rules remain decisive for such contracts; § 108 BGB governs the validity of a contract entered into without the required consent. Before engagement, we clarify the contracting party, payment responsibility and valid authorisation.

If your child turns 16 during proceedings, we inform the authority and clarify future communication with the young person. Earlier declarations validly made by statutory representatives do not become ineffective simply because of the birthday. However, subsequent procedural acts must take account of the changed capacity to act. The young person may need to make their own declarations. A procedural power of attorney that has already been validly granted does not, however, automatically end when the capacity to act changes; Art. 14 paragraph 2 BayVwVfG illustrates this as an example of state law. It is necessary to check whether the power of attorney covers the remainder of the proceedings and whether the young person wishes to continue or revoke it.

At the same time, substantive requirements may depend on age. For language proficiency, for example, the law distinguishes according to whether a child has already turned 16 at the time of naturalisation. Other questions, such as being a minor for the purposes of joint naturalisation, concern the age threshold of 18. These different points in time must not be combined into a single general age rule.

In our planning, we consider birthdays alongside the anticipated course of proceedings. Applying early does not freeze a person's age for every requirement. The article on children, age thresholds and reaching adulthood during proceedings explains the substantive consequences; the main concern here is who can validly make the individual declarations.

For a child who does not yet have the capacity to act, the statutory representatives generally submit the application. Where parents have joint parental responsibility, they generally represent the child jointly. This follows from § 1629 BGB. The fact that a child lives mainly with one parent therefore does not automatically mean that this parent can make all decisions under nationality law alone.

The authority may need evidence of parental responsibility. Depending on the situation, this might include declarations of parental responsibility, court decisions or other suitable documents. A birth certificate proves parentage but does not conclusively establish the current authority to represent the child in every situation. Foreign decisions may raise additional questions about their recognition and content.

For separated or disagreeing parents, we clarify the basis for representation and do not disguise the conflict through inaccurate form entries. A family court ruling may be necessary. The appropriate solution depends on the specific allocation of parental responsibility and the subject of the dispute. A naturalisation authority cannot replace a necessary family court decision. This is discussed in more detail in parental responsibility, separated parents and statutory representation.

If a child has a guardian, the guardian's powers derive from the statutory and judicial basis of the guardianship. The authority must be able to identify which child the person may act for and the extent of their powers. Simply caring for a child in practice, for example as a relative or foster family, is not automatically equivalent to statutory representation. Nor does an institution become a statutory representative merely because the child lives there.

For adults, court-appointed legal assistance does not automatically mean losing the capacity to act independently. What matters is the specific scope of duties, any legal incapacity and, where applicable, a relevant requirement to obtain the appointed person's consent. The wording of § 34 StAG requires careful examination. The label of court-appointed assistance alone is therefore insufficient to exclude declarations made by the person concerned.

A need for support must also be distinguished from legal incapacity. Someone who needs help with reading, communication or organisation may nevertheless have the capacity to act independently. Illness or disability does not justify a blanket assumption of legal incapacity. We clarify the specific support needed and each person's actual authority.

A power of attorney is based on the decision of the person being represented or of their statutory representative who is authorised to make that decision. It allows another person to act in the applicant's name within its scope. § 14 VwVfG sets out the general procedural model; a corresponding official provision at state level is Art. 14 BayVwVfG. The applicable state version must be observed in the specific proceedings.

A comprehensive procedural power of attorney may cover, for example, submitting documents, making legal representations and receiving correspondence. Our power of attorney clearly identifies the person and proceedings. Where several family members are involved, authority to represent each of them must be clarified separately. A power of attorney from one spouse does not automatically cover the other spouse or every child.

We explain the difference between our power of attorney and the agreed scope of instructions. The power of attorney establishes, in relation to the authority, what the representative may legally do. The instruction governs, as between the parties, what work is to be undertaken. Advice alone does not amount to ongoing representation. We explain the actual scope of authority, which may extend far beyond uploading a file.

Before applying, we establish the relevant legal basis and the evidence required. When representing you, we present the facts coherently, explain legal specifics and handle communication with the authority. If the proceedings are already well advanced, the main concern may instead be a particular request for further evidence or an intended refusal.

In doing so, we distinguish an unresolved factual question from a legal disagreement. If a document is missing, the first step may be to obtain it or provide alternative evidence. If the dispute concerns what the law requires, legal reasoning may be the main focus. We direct our work towards that specific task; the number of letters sent alone is no measure of quality.

Our representation does not confer any special substantive rights to naturalisation. It guarantees neither a positive outcome nor a particular processing time. Even a secure electronic transmission channel does not result in automatic priority. Forms, digital access and proof of receipt explains the technical and legal considerations when submitting an application.

Certain steps are personal in nature. Your own knowledge cannot be replaced by an authorised representative's abilities. Personal declarations and required attendance remain necessary even when we handle the remaining correspondence. Where necessary cooperation is involved, the authority may contact the applicant directly and should inform the authorised representative accordingly.

We coordinate any letters you send to the authority yourself so that the information in the proceedings remains consistent. Contradictory statements can raise new questions requiring clarification. Authorising a representative generally does not remove your own right to act; however, to maintain a clear picture of the proceedings, everyone involved needs to have the same up-to-date information. A shared record of the letters actually sent helps with this.

A trusted person can provide support during a meeting as a companion. A supporting companion acts alongside the person involved, whereas an authorised representative can act in their place within the scope of the power of attorney. Statements made by a supporting companion may be attributed to the person involved unless they object immediately. We therefore also verify information where family assistance is involved.

Translation assistance serves a different purpose again. It helps with language but does not, on that basis alone, decide on the application or make independent legal declarations in the name of the person concerned. Where relatives help, we clarify who supplied the information and who is responsible for the application. Using the same email account for several people is no substitute for a power of attorney.

Assistance provided for payment or otherwise offered as a business activity must also comply with the rules of the Legal Services Act. Not everyone who can fill in forms or has a legal education is admitted as a lawyer or authorised to provide every form of legal representation. A person's qualifications and their specific authorisation are separate questions. We explain which legal work we undertake and which tasks remain with others.

When you instruct us, we clarify together:

• Incoming correspondence: Who receives correspondence from the authority?

• Forwarding: How will urgent messages be passed on?

• Personal correspondence: How will a decision served directly on you or a personal summons be dealt with promptly?

During our representation, we ask you to check your own incoming correspondence and promptly forward relevant letters to us. A decision served directly on them or a personal summons may require action. Conversely, a message addressed to an authorised representative does not only become important when the applicant later reads it privately.

If representation is to end or change, this must be communicated clearly to the authority. A revocation generally takes effect in relation to the authority only when it reaches the authority. Simply instructing a new person does not always make sufficiently clear which previous powers of attorney are to end. The handover requires the file reference, current deadlines and previous correspondence.

The representative's remuneration must be considered separately from the authority's naturalisation fee. Before you instruct us, we clarify the work and fees, including possible additional costs of a later remedy. The article on translations, examinations and lawyers' fees explains the types of cost. Court proceedings also have their own rules on representation; a power of attorney for dealings with the authority and instructions for administrative proceedings do not automatically settle those questions.