Long awaited, the day has finally come: The German parliament has passed substantial amendments to the Citizenship Act, which will – in many cases – make naturalization in Germany easier. In essence, the residency requirement will be shortened to 5 years, and Germany will no longer object to foreigners maintaining their original citizenship. Dual citizenship will no longer pose any problem.
But before we get into the details – and before everybody who is interested in German citizenship becomes too excited -, I have to put things into context:
There are basically three paths to German citizenship.
The most common way is by descent. If you have at least one German ancestor, you may already be a German citizen, without ever having realized it. Because there were several waves of mass emigration from Germany throughout history, there are millions of descendants around the world. Theoretically, there is no limit on how far back you can go in your family tree. In practice, if it’s more than three or four generations, it becomes rather tricky.
On citizenship by descent, I have a separate article. This path is not affected by the changes enacted now.
The second way is restitution. This concerns a whole number of different cases, in which your ancestors lost German citizenship, but you can now reclaim it. I also have a separate article on this rather complex issue. Again, these cases are not affected by the new law.
The third path is naturalization. This means that you immigrate to Germany, live and work there for several years, learn the language, pass the citizenship test, and pledge allegiance to the king. No wait, we’re actually a republic now.
As a citizenship lawyer, I deal with those cases the least, because they are usually straightforward. The main problems that require a lawyer in naturalization cases are prior criminal convictions, past or present use of the welfare system, and – until now – getting an exemption that allows you to hold on to your first passport.
Only naturalization is affected by the changes that will come into effect in June 2024. If you have previously looked into German citizenship by descent or by restitution, and the result was negative, you can stop reading. (Unless, and I am sorry that things are a bit complicated, you received a negative reply before the changes of 2021 were enacted. In this case, you actually should look into your situation very carefully. Or hire a hot-shot lawyer to do so.)
So now, let’s get to the point: What are the changes to German citizenship law?
Dual citizenship:
The most important change, clearly, is that Germany no longer objects to dual citizenship.
The principle already had many holes, and more and more citizens held dual or indeed multiple citizenship. Because country A can only legislate the citizenship of country A, but not those of countries B through Z, and because you often obtain citizenship without knowing it (particularly at birth), multiple citizenship is pretty much inevitable in many cases.
The insistence that you can only be loyal to one country was weird from the beginning, long outdated by now, and complicated to maintain. Thankfully, it has been given up completely. Henceforth, you will receive German citizenship regardless of what you decide to do with your existing citizenship. (You can still give it up if you want to – and if your home country permits you to do so.)
Interestingly, and often overlooked, this change also makes it much easier for Germans to take on a second citizenship. Because until now, we needed to obtain prior permission, lest we would have forfeited German citizenship (§ 25 StAG). Without knowing it, this has happened to hundreds of thousands of Germans living abroad. Trying to reclaim previously held German citizenship, either directly or by descendants, is a large bulk of my work.
For me personally, this opens up enticing possibilities. Especially as I have lived in a few countries already to which I feel a much closer emotional connection than to my native Germany. I just hope that the stint as an illegal immigrant in Bolivia won’t shatter the dream of living out my life by Lake Titicaca.
Residence between 3 and 5 years:
Due to many exceptions, the ban on dual citizenship really didn’t affect that many applicants. But another change will affect almost everyone: The residency requirement for naturalization in Germany has been reduced considerably.
Hitherto, the standard requirement for naturalization was 8 years, although there were several ways to shorten this period. The new standard requirement will be 5 years (§ 10 I 1 StAG).
And these 5 years can be reduced to anything between 3 and 5 years in cases of exceptional integration, as measured by language skills (German at the C1 level, § 10 III no. 3 StAG), school, education and work experience, as well as civic engagement (§ 10 III no. 1 StAG).
To answer one of the questions I receive most often: If your German is not at the C1 level, there is no chance. That is the minimum requirement, on top of which you need to have done outstanding academic or professional work, run for city council (if you are an EU citizen), volunteered in environmental, social or political groups, organized arts exhibitions, volunteered as a firefighter, and published a book about Germany. As a general rule, if you haven’t been on television or radio, then your achievements probably don’t count as exceptional.
The new law holds on to § 12b StAG, one of my favorite sections of the German Citizenship Act, which means that you don’t have to physically remain in Germany for the whole time of the required residence. It even allows you to combine several stays. I have had plenty of clients who were surprised to learn that they already meet the residency requirement, because the time they spent in Germany as a student a decade ago counts. (Holidays don’t count, sorry.)
The new law also holds on to § 9 StAG, according to which spouses of German citizens will usually receive German citizenship after living in Germany for 3 years.
German citizenship for children of foreign parents:
Germany does not generally have ius soli, whereby you receive the citizenship of the country in which you happen to be born. (Most countries in the Americas operate like this.)
But there is an exception for children born in Germany to two foreign parents, if at least one parent has been residing legally in Germany for 5 years (§ 4 III 1 no. 1 StAG) with any type of permanent residence permit (§ 4 III 1 no. 2 StAG). These children will receive German citizenship at birth.
Obviously, these children will also receive their parents’ citizenship (based on the respective laws of that country or those countries) and will thus have dual or multiple citizenship. These children will no longer have to decide for only one citizenship at age 21 (as used to be case until now, § 29 I 2 StAG).
Adoption:
The rule that a foreign child adopted by German parents receives German citizenship by virtue of the adoption (§ 6 StAG) will remain unchanged.
But the rule that a German child adopted by foreign parents loses German citizenship (§ 27 StAG) will be removed. German children adopted by foreign parents will now keep their German citizenship. Whether they will receive their adoptive parents’ citizenship depends on the citizenship law of that country, of course.
This sounds like an arcane provision of the Citizenship Act, but it is relevant in a surprising number of cases. Especially in cases of descent, we often discover that a German child was adopted. Either because his/her parents were dead or lost, as was often the case after World War II, or – more relevant in recent years – because of adoptions in patchwork families.
A typical case goes like this: German mother with German child falls in love with a foreigner and they want to move to his home country. To speed up immigration, they get married and the father adopts the child. Although nobody intends to do so, the child may lose German citizenship. Because the mother doesn’t lose German citizenship, she thinks that her son still is German as well. Decades or generations later, they discover the error. Very tricky cases, especially as there are different types of adoptions, several exceptions to the rule, and oddly enough, many people who think they were adopted never were (in the formal legal sense).
Now, with § 27 StAG gone, you have one less thing to worry about. But then, if you have children, you always got plenty of other things to worry about.
Language requirement:
The general language requirement for naturalization in Germany is the B1 exam (§ 10 IV 1 StAG).
This is an easy intermediate level, which enables you to hold everyday conversations, read simple newspaper articles and write e-mails or letters. If anyone still writes letters. The Goethe Institute has sample exams for all language levels, so you can test yourself. Keep in mind that you don’t need to ace the test. You just need to pass it.
There is a short list of exceptions of people who do not need to pass the B1 exam:
- Children under the age of 16 only need to show “age-adequate” level of German (§ 10 IV 2 StAG).
- Foreign workers (the so-called “Gastarbeiter” or “Vertragsarbeitnehmer”) who came to West Germany before 1974 or to East Germany before 1990 only need to prove oral knowledge of German. They do not need to pass a written exam (§ 10 IV 3 StAG). They also do not need to pass the citizenship test (§ 10 VI 2 StAG). The idea is to finally naturalize the people who came to Germany to rebuild the country after World War II, who have been living here for decades, and who have mostly been working in manual jobs, without any access to formal higher education.
- Lastly, all applicants who simply cannot manage to pass the B1 exam, although they have tried to do so repeatedly and seriously. In this case, the applicant only needs to show sufficient oral knowledge of German to get by in everyday life (§ 10 IVa StAG). This concerns people with severe physical or mental handicaps, but not illiterates, as illiteracy can be overcome.
I am a bit worried about this latest point, because I already receive far too many e-mails in which people ask me to file for an exemption from the language requirement. Suddenly, everyone wants to be dyslexic. But if you graduated from high school or have a university degree, you can also learn a foreign language. In any case, you have to attend a language course first and attempt to pass the exam (several times if necessary), before you can even think about using the “I’m too stupid”-excuse.
Your time is probably better spent if you simply learn a bit of German. It’s not hard, after all, and a very poetic and romantic language.
Financial requirements:
Germany has no minimum income requirement for naturalization, but you need to show that you can support yourself and your dependents without access to welfare. You must not be collecting either “Bürgergeld” or “Sozialhilfe”. All other public subsidies (e.g. the student support “BAföG” or the housing benefit “Wohngeld”) or unemployment benefits based on your previous contributions (“Arbeitslosengeld”) do not render naturalization impossible, but you will need to show how you are going to finance your life in the long run.
Thus far, § 10 I 1 no. 3 StAG included an exception for applicants who were on welfare “for no fault of their own”. This was a beautifully vague term, under which I could argue many different cases. Apparently, I went too far with that, because the new law restricts the exception to a few specific narrow cases:
- Only the same group of foreign contract workers mentioned above (cf. the language requirement) can still claim the general exception of being on welfare “for no fault of their own” (§ 10 I 1 no. 3 (a) StAG).
- Another exception from the no-welfare requirement applies if you are in full-time employment and have been in full-time employment for at least 20 of the past 24 months (§ 10 I 1 no. 3 (b) StAG). This concerns the so-called “working poor” who so graciously provide the basis for capitalism and rising stock prices.
- Spouses of a “working poor”, if they have a minor child (§ 10 I 1 no. 3 (c) StAG).
This part of the new law is much harsher than the old rules. People with disabilities or depression, single parents, people who are taking care of an elderly or sick family member, and similar groups will have a much harder time to apply for naturalization. They are left with the application pursuant to § 8 II StAG, which is a discretionary naturalization. Paradoxically, these are the kind of cases which will probably require the help of a lawyer (who could argue non-discrimination clauses protecting people with disabilities, for example), although it concerns exactly the folks who don’t have much money. (Not that I want to imply that lawyers are expensive.)
Political requirements:
The new Citizenship Act is much more political than the previous one.
While people who were actively fighting against basic liberal and democratic values (§ 11 s. 1 no. 1 StAG) or terrorists (§ 11 s. 1 no. 2 StAG in connection with § 54 II no. 2 or 4 AufenthG) were already excluded from naturalization, the new Citizenship Act of 2024 includes a whole number of points which prevent naturalization, even when all other conditions are met.
From now on, foreigners who are married with several spouses simultaneously will be barred from naturalization (§ 11 s. 1 no. 3 (a) StAG).
As an expert on international family law, I can already see plenty of problematic cases. Because it happens more often than not that people “forget” to get a divorce before entering into a second marriage in another country. Sometimes, they have lost contact with their first spouse, sometimes they want to save the money for lawyers (never a good idea), sometimes they think it doesn’t matter. Whenever I tell people in that situation that it will come back to haunt them later, they don’t believe me. Well, now you have one more example how that nonchalance will ruin your life.
And Germany won’t naturalize any more machos. The new § 11 s. 1 no. 3 (b) StAG stipulates that naturalization is not an option if the applicant demonstrates through his (or her) behavior that he (or she) disrespects the equal treatment of men and women.
Wow. Honestly, if this was strictly applied, it would cover a large number of applicants, both men and women. After all, it’s not only toxic masculinity which poses a threat to equality, but also subservient anti-feminism. Let’s just put it this way, from the practical perspective of legal advice: If you are thinking about ever applying for German citizenship, stop making silly jokes based on gender stereotypes. Don’t be sexist. Don’t treat women as pretty objects. Don’t expect men to pay the bill on the first date. Don’t change your last name, just because you got married to some dude. Don’t ask your boyfriend to kill the spider if it’s on your side of the bed.
In any case, if this clause will be applied in practice at all, it will lead to the most interesting court cases.
The term “basic liberal and democratic values”, which as a core concept of German law is less vague than it sounds, will now have some of its elements spelled out explicitly. § 10 I 3 StAG will specify that “actions motivated by antisemitism, by racism or by other dehumanizing tendencies” violate the German constitution and the basic liberal and democratic values enshrined therein.
Again, this is a very wide clause, as it speaks of “actions”, not of criminal acts, let alone convictions. Those were already a problem before. Now, the immigration authority can check your Facebook feed for racist crap, antisemitic tropes or if you ever belittled victims of a genocide. They will also receive information from other government agencies, especially the prosecutor’s office and the intelligence services.
As opposed to the anti-machismo clause, I expect this section of the new law to be applied very strictly. I also expect this to lead to plenty of litigation, which could be good news for me as a lawyer. Problem is, I don’t like to work with racists or antisemites.
Revocation:
I suspect that these political aspects will be responsible for the bulk of attempts to revoke German citizenship. Because according to § 35 StAG, Germany can revoke citizenship within 10 years after naturalization if it turns out that the applicant provided false information.
So far, this revocation was already permissible even when the individual was rendered stateless by it (§ 35 II StAG). In the future, when most naturalized German citizens will retain their primary citizenship, statelessness is no longer a problem, which makes revocation even easier.
Ceremony:
Lastly, the new § 16 s. 3 StAG stipulates that there shall be a big party when you receive German citizenship.
Can’t nobody argue with that!
As I said, if you have a straightforward case, you don’t need a lawyer. But if you have a complicated situation, especially based on descent or restitution, or problems regarding the qualification of previous stays in Germany, questions as to whether you have been a resident at all, if you meet the “exceptional integration” criteria, or similar stuff, feel free to contact me for a consultation.
And please share the blog with anyone whom you think this information will help. Thank you!
The Happy Hermit 
Will share this. I have a questionnaire to go along with it.
Thanks so much for this wonderful update! I hope you are enjoying a wonderful start to the new year. Happy travels, Donnah
Great – I may finally get my citizenship back.
These changes purely concern naturalization and have no effect on cases of reclaiming German citizenship.
For the latter, I have a separate set of FAQ: https://andreasmoser.blog/2017/07/28/10-faq-on-reclaiming-german-citizenship/
Oh ok thanks I will let everyone know but I will also tell people not to get too excited!
As you can see from some of the other comments already, it doesn’t help. :-(
People always confuse everything with everything else and mix up naturalization with descent with restitution.
I don’t know why, when everything about law is so logical!
I know what you are saying after my court case a decade ago I realise that each and every case is individual, I think people get too excited too quickly and I do want to tell a lady of German ancestry here at work but I don’t know how to break it to her. My neighbours got their German citizenship after their Jewish grandparents lost it and they said that the visit/passport collection at the German Embassy was really emotional.
On the other hand, and this makes it really tricky, there are many people who were told (correctly at the time) that they had no claim to German citizenship, but who now do based on the 2021 changes about reclaiming German citizenship (§ 5 StAG).
Maybe I should admit that the subject IS complicated and that we cannot expect non-lawyers to fully understand it.
And honestly, the one who pretend to understand everything are maybe even the more time-consuming clients than the ones who don’t.
I was born in a German hospital and lived there until I was 15 years old. Neither of my parents are German. I am now 59 and was hoping to become a German citizen. I was told I couldn’t 😞
That’s correct.
Until the year 2000, Germany did not have any “ius soli” component in its citizenship law, and German citizenship could only be derived from a German parent.
But if you ever move to Germany, you could have 3 years of your previous residence in Germany counted towards the residency requirement and receive naturalization as a German citizen after only 2 more years (§ 12b II StAG).
German passport here living in the US with a green card. Now I will be able to apply for the US Citizenship without losing my German citizenship/passport. Great day!!
Genau, dieses Gesetz macht es auch für uns Deutsche erheblich einfacher.
Aber Vorsicht: Das Gesetz tritt erst im April in Kraft.
Hi Andreas! I’ve got two questions!
1.) I know that getting Sozialhilfe can make it more difficult to get citizenship. Is this also the case for Wohngeld? And is it at any time in the past or in the current time of the application for Einbürgerung?
2.) You mentioned that time as a student counts, but I assumed my “clock” didn’t start until after I switch to Ehegatte or Arbeit Aufenthaltszweck. Is that not the case? I’m currently doing my masters in DE and have done exchange semesters as well as an au pair year before. If these count, then I’m already way past the 3 year mark!!
(1) Wohngeld is not a problem.
The decision is based on a projection whether you will be able to support yourself in the future. That’s why use of welfare in the past, especially if it was for just a few months (or special circumstances like the Covid-19 pandemic), is not a problem. But, if you live solely of a combination of welfare payments which by themselves are not a problem, like of Kindergeld, BAföG and Wohngeld, then the immigration office may put your application to the side and wait until you earn a substantial part of your income.
(2) Any time in which you held a residence permit and lived in Germany legally counts.
Thanks for the great article. I have 2 questions?
How does this work for the children who born before i get the citizenship? Once i get the citizenship, can they also get it?
If my spouse is my dependent, can she also get the citizenship after 5 years? (Without any social contribution. No job)
If you include your children and your wife in the application, they can receive German citizenship together with you, even if they have been living in Germany for less than 5 years (§ 10 II StAG). But only if you apply jointly!
The language requirements for children depend on their age. If they are younger than 16 years old, they do not need to pass the citizenship test. (Although, if they have been attending school in Germany, the test would probably be quite easy for them. ;-) )
Your wife will need to pass the language test and the citizenship exam.
If you earn enough to provide for your whole family, then your wife (and of course your children) do not need to have their own income.
I was born to two US parents in Berlin in August 2000, and thus have a US passport. I lived there my entire life until moving to the Netherlands for university in 2021. I’m now 23 and in my last year of uni there and desperately want my dual citizenship for Germany! Is this achievable now that the laws regarding dual citizenship have changed??
Yes, but you need to move back to Germany in order to qualify and apply.
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If you are not of German race, you can never be a German. May as well give a donkey born in a stable a Horse Citizenship Card because horses are in stables.
The idea of Germany and Germans is an invented concept, like almost any nation. It was just made up, with random borders.
There is nothing more to it.
And if you want to compare yourself to animals, that’s your decision, which has no bearing on anybody else.
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Lieber Andreas, ich liebe deine Illustrationen des Deutschen. ;-) Und besonders das Bierzelt-Bild. Ganz unten links entdecke ich den einzigen frisch eingebürgerten Deutschen auf der Party .
Ich verstehe ja immer noch nicht, was die Ausländer an diesem komischen Oktoberfest finden.
Ich bin aus Bayern und würde da niemals hingehen. Andere fliegen um die ganze Welt, um sich dort Maßkrüge an den Kopf hauen zu lassen.
Manchmal begehe ich den Fehler und frage Einwanderungs- oder Einbürgerungsmandanten, warum sie nach Deutschland kommen oder Deutsche werden wollen.
Die Antworten sind leider oft sehr profan, bis hin zum Klischee: “I loooove the German Autobahn!”
Vielleicht sollte es zur Verpflichtung werden, dass die Leute ein paar Bücher lesen und in Museen gehen. Oder vielleicht ein Bonusheft, wo man alle 52 UNESCO-Weltkulturerbestätten in Deutschland besuchen und abhaken kann, und dafür schneller eingebürgert wird.
Dank der tollen Autobahnen kommt man ja blitzschnell vom Danewerk zum Donaulimes.
Vergiss nicht, Chemnitz in die Liste aufzunehmen. 😀 I‘m looking forward to it.
I was hoping there are more restrictions on Muslims to get German passport as so to keep this country more Christian as it should have been. Maybe those terms of multiple spouses is a subtle way to say so.
Germany is not a Christian country.
Most people here (including me) are atheists. And most people don’t care about someone else’s religion, as long as it’s not bigotry.
HI Andreas just a question,
If I get Naturlised and and am a German. Can my son who was born in Berlin in 2017 but later moved to his homeland can also be a German if the Mother now is German?
Regards
I would need to know many more details, about the citizenships of everyone involved, everyone’s immigration status at the time of your son’s birth in 2017 (for § 4 III StAG), and about the exact timeline.
Who is your son living with? Do you have (shared) custody? Does he want to return to Germany?
If you want, please send me an e-mail with the details. I will charge 100 EUR for the consultation.
Dear Andreas,
Thanks a lot for such a nice review. Probably you can comment something on civil engagement as a part of requirements to get citizenship in 3 years? How long should it be (all 3 years, one year), how many engagements a month (each day or weekly). Because with a full-time job it is pretty much demanding to combine civil engagement and full-time job.
Best regards!
Well, with 8 hours of sleep and 8 hours of work, you still got 8 hours left every day. ;-)
But seriously: There is no strict guideline, and the shortening of the residence requirement from 5 years to 3 years happens on a gliding scale. That means that if you are super active, you may become naturalized after 3 years. If you you are less active after 4 years.
The main thing is that it is an activity that is significant and not obviously just for show, during the last months before you apply for citizenship.
For example, if you are a member of a political party (I personally recommend the SPD) and in a local environmental/music/whatever-your-thing-is group and help once a week at the local food bank (Tafel) or the refugee center or at your children’s football club, or train to become a tour guide in your new hometown, then this should be enough, if you do it consistently.
The test won’t be how often you showed up to what, but how credible and consistent it looks. It’s not a work requirement, but a test for the level of integration. You can be really creative, and you should do something that suits your abilities and interests! And if you are in Germany with spouse and/or children, it would be even better if they are included as well.
The reference to dual citizenship law makes me think one can have one citizenship plus become a German citizen. What about scenarios where you already have more than one citizenship? Would becoming a German citizen involve having to revoke all but one other citizenship? Thanks!
As you may have noticed, I repeatedly write “dual or multiple citizenship”. 🤓
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Dear Andreas, thanks for the precious piece of content.
I am a self-employed software engineer and a permanent resident in Germany, Munich(Niederlassungserlaubnis). In March 2023, I traveled to the Middle East and returned to Germany in July 2023. I stayed in Germany for a couple of weeks before leaving again. I came back in January 2024. Unfortunately, I had to leave once more, but I will be returning around July to stay.
Could there be any kind of interruption or problems with my citizenship? Is that something that I need to be aware of or mention during my citizenship application process?
Let’s put it this way: You definitely didn’t make your application easier. :/
First of all, it may be put into question if you are actually still residing in Germany. The short returns every 6 months look suspiciously like an attempt to fulfill the bare legal minimum, which means that you might have to explain what you have been doing.
Second, extensive stays in the Middle East make the security background check much more complicated.
Hello Andreas, thanks for the blog.
After I got my permanent residency, I became a self employed in Germany. I read that in order be eligible to get the citizenship I must’ve paid at least 36 months of Renteverischerung, but as a freelancer I don’t pay Rente, I just pay the public health insurance.
Akso I don’t have 3 months payslip, but I do have enough money in my banking account to support myself. What about that? Does it have a negative effect on my citizenship application ?
There is no requirement to pay into the pension/retirement system, nor has there been such a requirement under the old Citizenship Act.
(There is one for the permanent residence permit “Niederlassungserlaubnis”, which may be the reason why some people confuse this.)
If you are self-employed, you need to show that you can support yourself. You also need to show that you can support yourself in the long run, and that you won’t fall into poverty once you retire.
So, the absence of a pension plan does not necessarily have a negative effect, BUT it does make your application much more complicated. You will need to provide proof of profitability and the tax returns for the past years.
The money in the bank is not a good substitute, because it can disappear any day, unlike a pension plan.
It may be too late for you, but for everyone else in a similar situation who is just starting out: You can also contribute to the pension/retirement system if you are self-employed. In some professions (mine, for example), you even have to.
Hi Andreas,
Thank you so much for taking the time to write this piece and share how to navigate the coming changes. Two questions I still have are:
Does residency as a student count as a full year towards naturalization? It seems so from your writing, but in previous naturalization acts, student residencies counted as half time or something like this.
Second, regarding the civic engagement, if I am working in a civics oriented field or doing work which benefits the German state/government/environment would this be considered towards citizenship or does civic engagement have to be seperate from your employment?
Thanks for your help!
Contrary to popular belief, there is nothing in the current Citizenship Act that states that time spent as a student counts only half.
There were a few states (Baden-Württemberg, Bavaria and Saxony) who had at times advised their immigration authorities to only consider 50% of the time spent on a student visa, but this practice has long been discontinued.
As to your second question, this really depends on the specific case. If you are working in the public sector and you are doing outstanding work, then it can be enough.
But generally, I am worried that too many people are getting too excited about this possibility. Shortening the residency requirement to 3 years is really an exception for exceptional cases.
Also, most people seem to want to overlook that the residence requirement can be reduced to anything between 3 and 5 years. So, it may only be 4.5 years, even if that clause is applied.
Hey Andreas! Such a usefull article!
Just a question – I understand that any long term residence can add up towards naturalization. Is there a specific type of residence that is counted or are all long term stays counted?
I did a 8 month internship between 2019 and 2020, then came back with a full time job in 2021! I did my internship on a Type D National Visa which had fixed validity to the dates of my internship. I did not apply for a seperate residence card or anything during that time since it was only for 8 months (I did register for KVR though). I was wondering if this time might be counted too or not?
Very tricky.
Because the two stays were not immediately connected, the previous stay could only count under § 12b II StAG, which states can previous stays can (but not must) be counted.
But as your previous stay was time-limited from the beginning, I I fear that it would not be recognized, because it did not establish habitual residence.
If you want to try to have have it counted, I would argue that it prepared you for the job you took up in 2021 and that you already learned German during the internship. (Of course only if both arguments are true.)
Hi Andreas,
Really useful article, thank you smuch for taking the time to share this. I wanted to ask if you could shed some light on my case, which is a slightly complex one.
I first came to Munich as a Master’s degree student in August 2013 and stayed here until August 2018 with no breaks on a student visa with resident permit. During this time of 5 years, I completed 2 Masters degrees and worked as a working student for over 2 years and a full-time Praktikantin for 1 year, alongside my studies. I paid the social contributions for a total of 40 months. I lived with my parents who are both German Nierderlasungerlaubnis holders and continue to live and work in Munich even now.
In August 2018, I moved to Luxembourg with a new job and lived and worked there until February 2021, which is when I moved back to Munich, this time as a high-skilled employee (Blue Card holder). Ever since Feb 2021, I have been living and working full-time in Munich, first on my blue card and as of Jan 2024 this year, I too have a Nierderlassungerlaubnis.
I have submitted my citizenship application in March this year in Munich and I wanted to ask
1) Will the 5 years spent here on the student visa be counted? I had an Aufenthaltstitel from Aug 2013 – Aug 2018.
2) In my current stay since Feb 2021, I work in a moderatlely high-paying role in the tech sector. In case the previous stay is not counted at all, will the C1 certificate and volunteering at the Volkshochschule regularly help? I’ve submitted the B2 language certificate in my application so far.
Thanks a lot for taking the time :)
Sayan
Hello Sayan:
1) Because your residence was interrupted by moving to Luxemburg, your stay before can only be considered under § 12b II StAG. That’s a discretionary rule, so it would be better to provide some reasons as to why it should be considered. For stays as a student, the main argument is that this was the time when you learned German.
As of June 2024, the maximum time which can be recognized under § 12b II StAG will be reduced from 5 to 3 years.
2) As you have C1 and regular volunteering experience, you might fall under the “exceptional integration” clause in § 10 III StAG. However, as the processing times are currently so long and this just makes your application more complicated, I am not sure it’s worth the effort.
3) As you already submitted your application, it’s too late anyway. :/
Generally, I wish people would ask BEFORE filing an application. It’s not a race or a competition, and a solid application with a cover letter that explains everything, especially when you want discretionary rules like § 10 III StAG or § 12b II StAG to apply, is worth much more than filing quickly.
Hey Andreas,
Thanks so much for your help here. As I was also thinking along the same lines as you, I did submit a cover letter to justify the § 12b II StAG. I moved to Luxembourg for a better job opportunity but I ensured in my work contract with the company that my language and experience in Germany would allow me to work with the German region and ultimately, lead to a transfer back to Germany. This is exactly what happened in Feb 2021, when the company transferred me to their newly-opened Munich office, to serve the German speaking clients. I also showed constant family ties to my parents who are based in Munich that I visited regularly and kept my cultural ties with the country. Ma argument in the letter was that Germany, specifically Munich, has always been my home and I have always wished to settled here permanently.
On another note, do you think hiring a lawyer would help my case?
Thanks again for your advice,
Sayan
That sounds absolutely perfect!!
I don’t see any need for a lawyer in this case.
thank you so much, you’re such a help!
Hello Andreas,
First of all: GOLD content here, right on point, no generic chatgpt descriptions. Big THANK YOU.
Secondly, my situation:
I(NonEu), came in Germany with a student Visa in April 2019 do do my master degree (graduated in 2022).
My girlfriend (now wife) NonEu, came to Germany with an Aupair Visa in March 2022.
We both have B1/B2, Einburgerungstest certificate, stable net income of about 5K, savings at the bank, no history of applications for social help programs, all clear criminal records.
Land: Bayern.
Thirdly, my question:
We would like to get the German citizienship as soon as possible, what is the right course of action:
I hope this question, and your answer will provide valuable information also to other people with similar situations.
Thanks a lot for your amazing work,
Jonas.
Hello Jonas,
thank you very much for your comment! I am happy that some people can still tell the difference between a human writer and ChatGPT. This means that not all hope is lost. :-)
I don’t see much advantage in you applying for the Niederlassungserlaubnis before applying for citizenship.
The Niederlassungserlaubnis is not a requirement and it might take several months to process.
On the question of applying jointly:
First of all, you will fulfill the residence requirement much earlier than your wife, because she came to Germany later than you.
So, if you want to file jointly, you would need to wait for a few more years. I don’t think that’s a good idea.
In fact, I would generally advise against applying jointly.
Even if everything seems straightforward, there might be a problem that pops up in either if your applications. You don’t want this to hold back the other spouse.
Also, if you apply jointly, any change in the family situation (esp. separation or divorce) will complicate the citizenship application. Granted, such an event would complicate your life (and the immigration status of the dependent spouse) anyway, but the more separate you can keep these different spheres of the law, the less prone to complications everything is.
I know it’s sweet to receive the German citizenship as a couple and go to the ceremony together. But on the other hand, if you receive it at different dates, you can have two parties. :-)
my son was born on March this year and was already in Germany for more than 5 years, so can I simply require his German citizenship?
that easy?
by the way, thanks for the awesome post
Well, the 5 years need to have been legal residence (no Duldung or anything like that), and you need to have held permanent residence at the time of your son’s birth (§ 4 III StAG).
Oh yes, I’ve both. Living here since 2019 with bluecard and permanent resident since 2023 😀
Great article, thank you. If one is over 65, does one really have to produce a B1 certificate? I can sort-of speak the language, well enough to purchase a car say, but seriously doubt that I could pass any test, especially grammar.
Thank you for giving me the opportunity to finish off with this ever-recurring myth. (I know it won’t work, and people will reproduce this claim with great conviction. :/ )
Besides the specific cases mentioned in the law, there is NO general exception for seniors to show intermediate command of German (B1 level) and to pass the citizenship test.
Any health- and age-related exemption needs to be argued and proven specifically, for example by proving blindness or deafness.
But I also get the sense that too many people are afraid of the B1 test without ever having attempted it. You will NOT need to explain any grammar rules. The B1 tests whether you can communicate in everyday situations (like the one you mention) in writing, reading, speaking and listening.
There are free sample tests online, or you can get them from the local library, and see how you do and in which areas you might need to improve.
Lastly, we should consider that we are speaking about citizenship, not about residence. German citizenship will give you the irrevocable right to vote in German elections and to run for public office.
It is understandable, I think, that a country requires a certain command of the language in order to become a citizen. (Which is why most countries around the world have a similar requirement.)
Hi,
Thanks for the super informative text.
I have a question und zwar: I have lived in Germany since August 2017 and am interested in applying for the citizenship. Would it be possible to move to another country in the EU after the process has started or would I need to live in Germany from beginning to end of the naturalization process?
You need to remain living in Germany.
You can travel, of course, but if you change your residence to any other country, you loose the eligibility for German citizenship.
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Hello Mr. Moser,
Thank you for the valuable information. I live in Munich and am registered here. I’m planning to apply for citizenship using my current address.
My question is: If I change my address within Munich, will it affect the application process? I’ve heard that if you change cities, the process starts over from the beginning. Does this apply to changing addresses within the same city as well?
Moving within the same city does not pose any problems at all.
I should also clarify: If you move between cities/counties or even states, it does not mean that the process starts over from the beginning. But as your case will be transferred from one jurisdiction to another, there will be some time lost.
When people know that they are about to move to a different jurisdiction, it makes sense to wait and only file the citizenship application after the move.
Hello,
Thanks a lot for this informative article.
I have a question about spouse’s naturalization. In the law, it says:
(2) Der Ehegatte oder eingetragene Lebenspartner und die minderjährigen Kinder des Ausländers können nach Maßgabe des Absatzes 1 mit eingebürgert werden, auch wenn sie sich noch nicht seit fünf Jahren rechtmäßig im Inland aufhalten.
I couldn’t find a reference to any minimum residency for the spouse. So theoretically, a spouse can also be naturalized even he/she only stayed one day in Germany, provided that they are married to someone who meets the citizenship requirement.
Is this really so?
No, this is not how it works.
Also, I would be very surprised if your spouse passed the language test and the citizenship exam on their first day in Germany.
§ 10 II StAG is supposed to help the whole family receive naturalization in one go, instead of having to apply separately in different years.
Under the pre-2024 guidelines, the minimum stay for the spouse was 4 years (with at least 2 years of marriage), see no. 10.2.1.2.1. VAH-StAG 2015.
But you have to keep in mind that § 10 II StAG is a discretionary rule, so it depends on all the circumstances of the family.
Thank you very much for your quick reply.
One day example was more of an exeggeration but the spouse could be Austrian or Swiss, making the language test and citizenship examination very easy to pass. That’s not our case though, by the time my spouse applies, she will be living in Germany for 3 years, with officially B2 Telc certificate but further medical language courses state her level as C1.
Is there a new guideline for 2024? I assume minimum stay for the spouse was 4 years because it is half of 8, previous residency requirement. So 2.5 years of residency would be enough, half of 5 years?
Is no such guideline exists, the states would decide on a case by case basis to allow co-naturalization?
Native German speakers from other countries have always had an extra rule anyway.
(No. 8.1.3.4 VAH-StAG 2015)
In your case, it also depends on the duration of the marriage. But if you have been married for the whole time that your wife has been in Germany, and considering her high level of German, I wouldn’t expect any problems.
(Or at least no problems peculiar to your situation. Of course, there is still the problem that applications sometimes take very long, and that the CDU wants to repeal the 2024 Citizenship Act if they win the elections in 2025.)
Thank you very much for your reply. We will probably apply in December, lets see how it turns out :)
Hi Mr Moser, Could you please share if Duldung status will count within this 3-5 years of time ? I had legal status for two years, then Duldung for five years. Very soon I am getting C1 certificate.. At the moment, I have B2 and the Chancenaufenthalts karte. Thanks for your blog, its excellent and super informative. I am amazed that you took your time and wrote the whole thing, as from the text i can guess that it was written by a human rather AI.
Thank you, I am glad that somebody notices the difference! On this blog, everything’s is handmade, nothing artificial.
The Duldung does not count as lawful residence, though.
Hi Mr. Moser,
Many thanks for your great article. I have a couple of questions:
I came to Munich, Germany in Mar 2020 on student Visa. I completed my masters in Sep 2023 in Munich. I applied for blue card in Sep 2023 and started my full time job in Oct 2023. The blue card arrived in Jun 2024 with issue date in Jun 2024. I have B1 certificate and have passed the Einbuergerungstest. I have stable job with good salary. In Mar 2025, it will be 5 years. During my study time, I also worked as Working Student (from Aug 2021 till Sep 2023).
Does my study time counted as half towards citizenship requirement?
Can I apply for German Citizenship based on staying in Germay for 5 years?
Looking forward for your comments.
What did you study?
Master in Computer Science (Informatik)
Then the time spent in Germany as a student counts in full.
(If you continuously had a valid residence permit, of course.)
Many thanks for your reply and clarification.
Thank you for writing such an excellent blog post, very informative. I can’t thank you enough.
I am trying to understand if I need a lawyer or if my case is straightforward. I want to apply together with my wife (she has already been in Germany for 3+ years), I have been here for 5+ years. B1 done, naturalisation done. Both of us have a full-time job right now.
The issue, my Indian passport has
Last name: “”
First name: “John Doe”
This is very common in India, in fact, I didn’t realize (my bad) it for 10 years before the German eID system didn’t work for me. In Germany, most of my documents (banks, utilities) are correct. However, on my PR it follows the same structure (there is no last name).
Option 1:
Now in the process of Naturalization, I would like to split it into
Last name: “Doe”
First name: “John”
But I couldn’t figure how easy it to interpret it like this with Namenserklärung at Standesamt. Is this case simple enough that it will be accepted?
Option 2:
I can take the long route and fix it in my Indian passport (~4 weeks time), transfer my PR to the new passport (~3-6 months) and then start the citizenship process.
What’s your advice? Thank you again
Correction
I meant
This is a standard case under Art. 47 I 1 Nr. 1 and Nr. 2 EGBGB, so it should be straightforward to split your name into first name and family name in the course of the Namenserklärung after receiving German citizenship.
If your wife took (part of) your name as her family name after getting married, it would be a bit more complicated.
Thank you for the answer, appreciate it. My wife has retained her birth name and didn’t change it. So, it should be straightforward.
That makes it much easier indeed.
(One of the many reasons why I advise against changing one’s name upon marriage.)
Thanks for the answer, yes, I try my best to have as little paperwork in my life :)
Another question, from the other comment you recommend “In fact, I would generally advise against applying jointly.”
How strongly do you recommend this? We want to apply together since my wife will become immediately eligible as opposed to 2 years later. Ideally, our case should be straightforward.
If you are both independently eligible for naturalization, I would apply independently.
Otherwise, if there will be a problem with either of your applications (e.g. unemployment, complications with security check), it will hold up the other.
Also, in case you separate, it would be one less thing to untangle. – I know that nobody wants to think of that, but the naturalization process can take more than a year, and sad things do happen. :/
I see, thank you. My wife is here only for 3 years, so she is not independently eligible. Hence, we will apply together.
Separation shouldn’t happen so soon :P, we are married since 2019, but together since 2012.
Thank you for all the answers :)
Life update, they asked for more documents i.e. our case is finally picked up. I have a question about the Namenserklärung, do I “have” to do it after I get the citizenship or can I do it in advance to make the process faster?
You can’t really make the process faster.
But you can refrain from making it slower, for example by not prematurely filing applications for a change of your name.
Understood, so I do nothing for now regarding name till I have the Einbürgerungsurkunde. Thank you.
Update. I have been invited for Einbürgerungsurkunde on 31st July. Just ran into this post on reddit though (documenting with link in case someone else has the same case, I hope I don’t fall between the cracks like this).
( /r/germany/comments/1m90f92/im_trapped_in_germany_what_are_my_options/ )
Next steps as I understand are
Any other tips for me?
Congratulations!
The most important advice for after 31st July:
Unsubscribe from all Reddit and Facebook forums about immigration/citizenship.
You can now stop worrying about these things and enjoy life instead. 🙂
Thank you! Haha indeed, looks like the hardest paperwork bits are in the past. I got a passport too with the “wrong name”™ (full name in surname, — in first name) for emergency travel. Now final boss battle is with finding an appointment in Standesamt for Namensklärung (and then I will surely start enjoying life).
Thank you for this blog again, it was super helpful. Without this blog, I would probably have used a lawyer, so that was a bunch of saving money too. I think I will donate it to a good cause (any preferred charities?).
Thank you very much for your kind words!
I hope it doesn’t come as too much of a shock, but I am a lawyer. :-)
When I don’t charge, I do indeed appreciate donations to keep this blog going, for example through Paypal at blog@moser-law.com .
Or some kind souls sometimes send me a few books from my wishlist.
Surprised Pikachu face haha
Sent a tiny amount 🙏, thank you again.
Sent a couple via Amazon, should come before end of October.
Thank you and best regards
Oh, thank you very much for the generous Paypal payment!
And I am looking forward to the books, that’s perfect for the upcoming grey and cold autmun/winter nights.
Dear Mr. Moser,
Thank you very much for the informative post and keeping up with all the comments, they are super helpful.
I would like to ask something about this particular clause. “The new law also holds on to § 9 StAG, according to which spouses of German citizens will usually receive German citizenship after living in Germany for 3 years.”.
I got naturalized this year but my husband was working on a project abroad so he didn’t manage to live in Germany for 5 years. Now that I am a citizen, can my husband apply for naturalization based on this law’s clause when he completes 3 years?
I assume, he can because he is married to a German citizen and not applying this clause in our case would be a case of not “Gleichbehandlung”. What is your opinion on this?
It depends on when your husband would complete these three years and for how long you will have been a German citizen by then.
§ 9 StAG requires that the German spouse has been a German citizen for the time that the non-German spouse wants to use as residence in Germany.
So, if one spouse would become German and this would immediately shorten the 5-year requirement to 3 years for the other spouse, this would not be “Gleichbehandlung”, as you say, but “Ungleichbehandlung durch Gleichbehandlung ungleicher Sachverhalte”. (Also, it would lead to a suspicious rise in marriages of people who just got naturalized.)
But maybe your husband can use § 12b II StAG instead and have his previous stay in Germany counted.
My husband is lacking the time because I used § 12b II StAG for 3 years during my master studies (2012-2015). With the new law and § 12b II StAG, I was elligible and Berlin processed my application rather quickly around 4 months, got naturalized last month.
We are married since 7 years but have only started to live again in Germany about 3 years ago.
So I think we have 4 choices assuming the law doesn’t change
So his 3 years will be complete in a few months but by then I would only be a German citizen for 3 months.
I would choose option 1.
After all, as the husband of a German citizen, he has a strong immigration status, so nothing should happen to him.
And the exceptional integration cannot simply be created in a few months, unless he plays some sport where Germany would want him on the national team.
Hi Andreas,
Thank you for the very detailed explanation. Excellent writing!
I have a question regarding naturalization as spouse of a german national and would appreciate any help or advice you may have.
I have lived in Germany for over 3 years and have my Nierdelassungserlaubnis already. My husband is a german national and we have lived together in Germany for the last 3 years. We have been married for over 3 years too.
I have applied for the german citizenship and have an appointment soon with the standesamt in 2 months to check my documents before they send the application to Darmstadt for processing. I fulfill all requirements and have all documents required.
Question: Is there anywhere/any law that states that my husband (the german national) needs to be registered in Germany while I apply for citizenship? I am asking as he has a job opportunity in a different EU country and will need to deregister from Germany. Will this affect my application? We will remain happily married with weekly visits back and forth from Germany and the other EU country but I will remain registered in Germany but not him.
As far as I can see it is not stated anywhere that this could cause a problem. I have read § 9 StAG & § 10 StAG which I believe are the relevant citizenship laws that apply to my case. If there are other laws that you believe would apply to my case please let me know.
Thanks for your help!
Why would he need to deregister in Germany?
Which city/country does he plan to move to?
For what kind of job and for how long?
What and where do you work?
Considering that § 9 StAG does not give you an entitlement to earlier naturalization but rather gives the state discretion (albeit with a strong indication that they should exercise that discretion positively), I wouldn’t recommend making your situation more complicated in a way that might raise some questions.
But of course you can go ahead, as you have nothing to lose. Worst case, you will get naturalized after 5 years or I will have to get involved as a lawyer to point out to the state why the change in circumstances shouldn’t matter. (For which I will of course need to know more details.)
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May I ask you a question please?
I hold a permanent residency in Germany and plan to naturalize. My main goal to do this is for my child, now 5, to acquire him the German citizenship. The problem is that his mother lives separately and is not a German citizen. I assume I will need her consent to apply for my kid, and she’s ok with it.
Is it possible for a kid to gain the German citizenship together with only one parent?
Hello Alex,
yes, that is absolutely possible!
I don’t know if you have shared custody, but for the sake of other readers, I should point out that legal custody is not a requirement.
§ 10 III StAG covers all children for which you have paternity (or maternity in the case of female applicants).
But you are right: For the act of applying, the child is represented by the parent(s) who have/has legal custody.
If you have shared custody, the mother will need to sign the application (without applying for herself).
It’s great to ready that she is okay with it, as this makes everything more straightforward.
If that was not the case, you would need to apply to the Family Court to obtain the right to apply for your child without the other parent’s consent, pursuant to § 1628 BGB.
Good luck with your application!
Thank you for the detailed reply!
Hi Andreas,
Thanks for the useful information on new law.
Can someone with permanent residence in Germany, meeting all requirements, apply for naturalization, and then move to a non EU country for new job? What implications can there be on already started application process in such a scenario?
Regards.
If you move to another country (even within the EU), you lose residence in Germany.
Your Niederlassungserlaubnis will become void and your application for German citizenship will be denied, because residence in Germany is one of the principal requirements.
The English translation “permanent residence” for “Niederlassungserlaubnis” is a bit misleading, because it’s not permanent in the sense that it can never be voided or rescinded or withdrawn.
In case anyone is thinking about moving to another country during the process for naturalization and simply not telling the authorities about it: That’s a bad idea.
For one, they usually find out.
Second, it’s a crime which carries up to 5 years of imprisonment (§ 42 StAG).
In my opinion, it’s usually better to prioritize the citizenship over a job. There are more important things than work in life, and there are millions of other jobs. Getting an additional citizenship, on the other hand, may be a unique opportunity that presents itself only once in a lifetime. (I never had it, because I never lived anywhere long enough. :/ )
Thanks a lot for your reply and great advise. So when you said “and simply not telling the authorities about it”, I take it that by asking or informing the authorities there might still be a way to stay or work outside Germany during naturalization process.
Best regards.
Not really, except in very exceptional circumstances.
Like if you work for an engineering company in Germany, and you are suddenly called to repair an oil rig in the North Sea, where you need to stay for a few weeks.
And of course you are still free to travel and to go on holidays.
But once you give up your residence in Germany, that’s it – not only for the naturalization process, but also for your immigration status.
Seriously, don’t try to pull off anything shady.
I see a lot of guys lose everything, although they are in the last stretch of receiving German citizenship. They risk everything for some silly job with a company that is going to go bankrupt or fire them two years later. Then they are unemployed, have no German passport, no immigration status in the new country either, their wife leaves them, they get engulfed in a child custody battle which will cost them all their savings, and in the end they are broke and alcoholic.
All of that because they didn’t listen to my advice. :-(
Good points which lead me to a relevant question. Can one maintain German residence by entering and leaving Germany every 6 (or 12 months for EU permanent residence)? Will that qualify as residence requirement?
I see you really don’t want to take the advice. 😪
Hello!
Could you please clarify how exactly is 5 years residency in Germany calculated for Naturalisation? Is my Au Pair year counted? I did have an Aufenthaltstitel for that.
I’ve heard many people say that one must have Rentenversicherung for 5 years in order to apply. Is this true?
Thanks in advance!
If you had a valid residence permit, then the time spent in Germany as an au pair or a student counts.
You do not need to show any contributions to the pension system.
The many people who give you false information should be taken to the island of Rügen and pushed down a cliff. Preferably on a day when there are many sharks.
Que tan dificil es conseguir un permiso de trabajo en Alemania, en las condiciones actuales, cuando el deseo de deshacerse de los migrantes en Europa es latente, debido a varios factores entre ellos los cambios de gobierno.
Aqui en Bolivia acaban de elegir entre el pasado y una esperanza por la renovación … pero me temo que la esperanza vaya a ser devorada por los pillos del pasado lejano. Las argucias usadas para llegar al poder por los nuevos poseedores (no todos) son dignas de una película, como yo lo veo.
Hi, I’ve been living in Germany since 2018. In 2020 I went to visit my family at Christmas and faced delays in returning to Germany due to flight cancellations and travel restrictions related to the COVID pandemic. In the end I was outside of Germany for a few days over six months. During the whole period I was still working remotely for my job in Germany, and paying the usual taxes and contributions. I was also continually registered at and paying rent for my apartment in Berlin throughout. Does this period affect the time I’m considered to have been living in Germany, or can I still count the time from 2018?
How did the immigration office handle your residence permit at the time?
(Because I would hate to raise the problem in the citizenship application if the immigration office doesn’t even know about it. We done want your residence permit get canceled because of that mishap.)
Actually this part’s also a bit complicated. I’m a UK citizen, so moved to Germany before the UK left the EU. I was then granted residency in 2021 when the transition period ended, so have had the Aufenthaltstitel since then. I had the appointment at the Ausländerbehörde when I returned to Germany after this six-month period I mentioned. I remember writing the dates of the absence period on a form during the process, so in theory they were already made aware of it.
Okay, so there is one complicated and two easy solutions:
(1) I can double-check your timeline, the rules under the Brexit transition agreement, the special Covid exemptions, in order to determine if your stay was ever interrupted.
This will be quite time-consuming and expensive, because I will also need to check what kind of travel restrictions were in place at what time (and I need to do that for planes, ferries and the train, including for the borders with France and Belgium).
At my hourly rate, this approach is probably prohibitively expensive.
(2) You can apply for naturalization and try to omit the gap in residence. If LEA will raise the issue, we can then still deal with it.
(3) You can argue that either (a) they should not count the gap due to Covid circumstances at the time, or (b) that the time you previously spent in Germany should be counted under § 12b II StAG.
Because of the latter rule, it won’t harm your application for citizenship in the end, so I don’t see any reason for the expensive approach.
Thanks a lot for such a comprehensive reply Andreas! Just to clarify, you think the best course of action would be to go ahead with the application, and only think about the potential interruption if it’s raised by the LEA based on their records? I was thinking I should try to disclose everything possible in the application, as I want to avoid any complications in the future, but maybe this isn’t how things are typically done.
Also FYI, I already emailed the LEA to ask about my situation, but they just said a final check can only be carried out during processing, and to submit all documents and evidence with the application.
Regarding your first option, I imagine it could be proved that there was some possible way for me to have returned to Germany earlier, e.g. with a ferry as you mentioned. It’s just that after multiple cancelled flights and the general advice to avoid travel, at the time I didn’t see a reason not to just wait things out since I could work remotely.
As a last option, would it make any sense to wait until next June to apply (five years on from when I got back to Germany and got the residence permit)? I would of course prefer to get the application in as soon as possible, but perhaps this is the least complicated approach.
Thanks again for your help on this.
If you refer to § 12b II StAG, you don’t need to wait until June 2026, because your stay before the interruption can be counted (in case LEA does regard it as an interruption).
So there is no need to wait.
Given that you have already communicated everything to LEA, I recommend option (3).
If you want, I could write a cover letter in which I explain why you qualify for § 12b II StAG. But I would need to look at everything that you e-mailed LEA, speak with you about the exact timeline and your continued ties to Germany during your absence, and then write a letter. For all of that, the fees would run to a total of 1,000 €.
(By the way, I totally agree with you regarding staying put. Once many flights got cancelled, borders closed on short notice, new test requirement introduced, and so on, I also found it silly to pretend that every trip is super important and urgent. My radius of travel became much smaller, but I actually enjoyed exploring Bavaria, where I lived at the time, or just going into the forest all day. In a way, I miss those slower times.)
Ok, makes sense. Based on all your advice, I think I’ll proceed with the application, include a written explanation of the whole situation, and include as many documents as I can. I might well get back to you regarding arguing for the § 12b II StAG in case any issues arise.
It’s true that one can look back on the simplicities of those times with some level of nostalgia. It’s just frustrating if they lead to bureaucratic problems down the line 😬
Thanks again for all your input Andreas. I really appreciate the help.