Discretion of the authority

The principle of discretionary naturalization

In addition to naturalization, to which there is a fixed entitlement under certain conditions, there is also the option of discretionary naturalization. This means that if you meet certain minimum requirements, the competent authority can decide to naturalize you on a case-by-case basis. This is not an automatic process, but rather a careful examination of your individual situation.

Who can submit an application?

Basic personal requirements

In principle, any foreigner can submit an application. Anyone who does not have German citizenship is considered a foreigner. This also includes stateless persons.

The stay in Germany

A key condition is that you must be legally and habitually resident in Germany.

Legal residence

Your residence is legal if you have a valid residence permit. This can be, for example, a residence permit, a settlement permit or an EU Blue Card. Even if you live here as an EU citizen or family member, your residence is generally legal.

Ordinary stay

Habitual residence means more than just a temporary presence. You must have the center of your life in Germany. This is shown by the fact that you live here not only for a foreseeable period of time, but permanently and have your social and family ties here. Even if you are here to study, for example, habitual residence can be established if there is a prospect of you staying for a longer period of time.

What is required for naturalization?

Clarified identity and nationality

For naturalization, it is essential that your identity and previous nationality are clearly established. This is important so that the authorities can check all other requirements, for example with regard to criminal law.

How do you prove your identity?

This is usually done through official documents from your home country.

• National passport
• Birth certificate
• Marriage certificate

What if official documents are missing?

Especially for recognized refugees or people from countries with non-functioning state structures, it can be difficult or unreasonable to obtain such documents. There are solutions in these cases. The authorities can also allow other forms of evidence to clarify identity. These include, for example

• Unofficial documents
• Witness statements from relatives whose identity has already been established
• Ultimately, your own conclusive and credible information may also be sufficient if a comprehensive examination justifies this.

No criminal record

In principle, there must be no significant criminal offenses. However, minor convictions do not stand in the way of naturalization. As a rule, fines of up to 90 daily rates or short prison sentences suspended on probation are not taken into account.

Your own apartment

You must have your own apartment or at least permanent accommodation. This can be a rented apartment, but a sublet room is also sufficient. It is important that it is not just temporary accommodation.

The ability to earn a living

You should be able to support yourself and your dependent family members without having to rely on public funds such as the citizen's allowance or social welfare. Living expenses also include adequate cover in the event of illness.

What counts as income?

This includes your income from employment or self-employment, but also your own assets or maintenance claims against other persons. Child benefit is usually taken into account.

Joint consideration for spouses

If you are married, your joint income will be taken into account to determine whether you can support your family.

Flexibility in the process

Exceptions to the basic requirements

The law stipulates that the authorities can waive the requirements of no criminal record and securing a livelihood in special cases. This is possible if there is a public interest in your naturalization or to avoid particular hardship.

What is a particular hardness?

Special hardship may exist, for example, if you have lost your job through no fault of your own after you have already been granted naturalization. The strict requirements can also be waived for people with disabilities, older people who have lived in Germany for a very long time or in other exceptional life situations.

What else does the authority consider when making its decision?

Even if all minimum requirements are met, the authority will make a final discretionary decision. Other aspects of your integration will be taken into account.

Knowledge of the German language

You are expected to have sufficient knowledge of the German language. This generally corresponds to level B1 of the Common European Framework of Reference for Languages. There are exemptions for older people or people with disabilities.

Knowledge about Germany

You should have a basic knowledge of the legal and social order and living conditions in Germany. This is normally demonstrated by the naturalization test.

Duration of stay

As a rule, a stay of at least eight years in Germany is expected. However, this period can be shortened in the case of special integration achievements, such as very good academic or professional performance or special voluntary work.

The naturalization application

The procedure begins with your application. It is important to know that the authorities are obliged to examine your application for all conceivable naturalization options. This means that if you meet the requirements for naturalization, this will be taken into account, even if you only wanted to base your application on discretionary naturalization.