One of the basic requirements for naturalization is that you have lived in Germany for a certain period of time. The law refers to this as "lawful habitual residence in Germany". This condition consists of two parts, both of which must be fulfilled: Your residence must be "habitual" and at the same time "lawful".
The habitual residence
What is "habitual residence"?
Habitual residence means that you are not only staying in Germany temporarily, but for an indefinite period of time. It is a question of where your actual center of life is. This is assessed on the basis of your personal, family and professional ties to Germany.
Even if you only have a temporary residence permit, this can count as habitual residence. The decisive factor is the perspective: If it is not foreseeable that your stay will end soon and the authorities accept your stay for a longer period of time, this is referred to as habitual residence.
Does studying count as habitual residence?
Yes, a period of study in Germany can also be regarded as habitual residence. This is because after successfully completing your studies, you have the opportunity to stay in Germany to look for a job or to take up employment.
Legal residence
When is a stay "lawful"?
Your residence is legal if you have a valid permit to live in Germany. This includes various residence permits.
Types of legal residence
- A national residence permit, such as a residence permit or a settlement permit.
- The right of residence as a Union citizen or as a family member of a Union citizen.
- The right of residence for Swiss nationals and their family members.
- The right of residence for Turkish nationals under the Association Agreement (ARB 1/80).
- Periods in which residence was deemed permitted because an application for a residence permit was submitted and the authority has not yet made a decision (so-called fictitious effect pursuant to Section 81 AufenthG).
- Periods of permitted visa-free stay.
What applies to asylum seekers?
Periods in which you had a temporary residence permit during an asylum procedure can be counted as legal residence. However, this only applies if your asylum procedure was successful and you have either been recognized as entitled to asylum or have been granted another protection status (refugee protection or subsidiary protection).
Is a tolerated stay a legal stay?
No, a tolerated stay only means that your deportation is temporarily suspended. A stay with a tolerated stay permit is not considered a legal stay.
Dealing with interruptions to the stay
Naturalization requires uninterrupted residence over several years. However, the law provides regulations on how to deal with stays abroad so that they do not jeopardize your entitlement to naturalization.
Short-term stays abroad
Stays abroad of up to six months do not interrupt your habitual residence in Germany. You can therefore travel abroad for a longer vacation or a family visit without this having any negative consequences for your naturalization.
Planned longer stays abroad
If you are planning to stay abroad for longer than six months, for example for a semester abroad or a temporary work assignment, you can apply to the immigration authority for a longer period for your return. As long as you return to Germany within this period set by the authority, your habitual residence will not be considered interrupted. It is important that this period is set by the immigration authority before you leave the country or at least before the six months have expired.
What happens after a longer interruption?
If your habitual residence has been interrupted for longer than six months without permission from the immigration authorities, this does not necessarily mean that your previous periods of residence are lost.
Recognition of previous periods of residence
After such an interruption, the naturalization authority can count up to three years of your previous legal residence in Germany towards the total period required for naturalization. Whether and to what extent this is taken into account is a discretionary decision by the authorities. It will take into account how strong your integration and ties to Germany were before your stay abroad and whether these continue to have an effect.
Interruption of the lawfulness of residence
It may happen that the lawfulness of residence is interrupted for a short period of time, for example because an application to extend the residence permit was submitted too late. Such short interruptions are not taken into account when calculating the duration of residence for naturalization. The prerequisite is that you were materially entitled to the residence title throughout and also receive it retrospectively.