Definition and Legal Principles of Naturalisation
Die Naturalisation refers to the acquisition of a state’s citizenship by a foreign person upon application and fulfillment of legally defined requirements. It is a central element of international nationality law and is distinct from other forms of acquiring citizenship, particularly by birth (descent) and adoption. The conditions and procedures of naturalisation are regulated differently in each country, but are often aligned with international law and frequently with international agreements.
Historical Development of Naturalisation
Historical Emergence
The possibility of naturalisation has existed in many nation-states since the 19th century. Originally, citizenship was mainly acquired by birth in the territory (jus soli) or by descent (jus sanguinis). With increasing globalisation and migration, many legal systems recognized the need to provide a structured process for acquiring citizenship by naturalisation.
Internationalisation
In the course of internationalisation and under the influence of international organisations, such as the Council of Europe and the United Nations, common standards for naturalisation were developed. Notable examples include the European Convention on Nationality (1997) and the Convention on the Reduction of Statelessness (1961).
Legal Requirements for Naturalisation
General Requirements
The requirements for naturalisation vary significantly from state to state. Common conditions are:
- Legal and habitual residence in the country for a stipulated minimum period (usually between five and ten years)
- Continuous residence during this period
- Proof of identity and, where applicable, of a valid residence permit
- Proof of integration such as language skills, knowledge of the legal and social order, evidence of knowledge of the history and culture of the host state
- Secured livelihood without recourse to public funds
- Good character: no serious crimes or major administrative offences
- Declaration of loyalty or affirmation of constitutional order
Special Requirements
Some states recognize expedited or simplified procedures for certain groups, for example for spouses of nationals, refugees, stateless persons, or for special services to the host country.
Exclusion Criteria
Legally prescribed exclusion criteria are often serious crimes, threats to public safety or the common good, as well as membership in banned organisations.
Procedure for Naturalisation
Application
Naturalisation is generally initiated by an application to the competent authority, which depending on the national system, may be situated at the municipal, regional, or national level.
Examination Procedure
The examination procedure includes verifying all legal requirements and a comprehensive security check (certificate of good conduct, constitutional protection enquiry). Depending on the country, a citizenship test is also conducted to determine social and linguistic integration.
Decision-making
The decision on the application for naturalisation is made by the competent authority, in some cases by the legislature or the head of state. The decision may be constitutive (by an official administrative act) or declaratory (by ascertaining the requirements).
Legal Remedies and Complaints
If the application is rejected, legal remedies are generally available in most countries. The legal procedure varies by country and ranges from administrative appeals to proceedings before administrative courts.
Effects of Naturalisation
Acquisition of Citizenship
Upon the effectiveness of naturalisation, the person acquires full citizenship and obtains all associated rights and duties, including political rights (the right to vote, access to public office).
Consequences for Previous Citizenship
Depending on national law, naturalisation may result in the loss of previous citizenship (principle of avoiding multiple nationality) or may permit dual citizenship. International accords and domestic regulations differ in the recognition or prohibition of multiple nationality.
Special Forms of Naturalisation
Naturalisation by Law
In exceptional cases, the law provides for automatic naturalisation by statute, such as through marriage, adoption, or according to the principle of “ius sanguinis” upon the transfer of territories.
Re-naturalisation
Under certain conditions, the reacquisition of a previous citizenship following loss by naturalisation is possible via re-naturalisation, often in a simplified application process.
International Legal Aspects of Naturalisation
Sovereignty of Nation States
International law generally recognises the right of each state to determine the conditions for acquisition and loss of nationality. Restrictions arise, however, from conventions to prevent statelessness and from prohibitions against discrimination.
Stateless Persons and Refugees
International treaties oblige states to provide special facilities for stateless persons and refugees in order to prevent permanent statelessness.
Avoidance of Multiple Nationality
Multiple nationality is to be avoided as much as possible under international practice. Many states require proof of the renunciation of previous nationality before naturalisation becomes legally valid.
Domestic Legal Situation: Germany as an Example
Statutory Regulation
In Germany, naturalisation is regulated in the Nationality Act (StAG) . Naturalisation is granted upon fulfillment of set requirements, with a special focus on knowledge of the German language, German law and social order, secured livelihood, and integration achievements.
Process and Jurisdiction
The application for naturalisation is made at the authority responsible for the applicant’s place of residence. The issuance of the naturalisation certificate and the oath to the constitution conclude the process.
Reforms and Current Developments
In recent times, there have been numerous reforms in citizenship law, for example, to facilitate naturalisation for descendants of Nazi persecution victims, to recognise multiple citizenship, or to reduce waiting periods for well-integrated persons.
International Perspective
Naturalisation is central to national integration policy and is subject to ongoing development. The aim is to balance the state’s interest in controlling citizenship acquisition with the protection of individual rights in accordance with international human rights.
Literature and Further Sources
- European Convention on Nationality, 1997
- Convention on the Reduction of Statelessness, 1961
- Nationality Act (StAG)
- Federal Ministry of the Interior: Information on Naturalisation
- UNHCR: Statelessness and International Standards
Frequently Asked Questions
What requirements must be met for naturalisation in Germany?
To acquire German citizenship through naturalisation, several legal requirements must generally be fulfilled. As a rule, the applicant must have lived lawfully and habitually in Germany for at least eight years. This period can be reduced to seven years if an integration course has been successfully completed. Another central requirement is the commitment to the free democratic basic order of the Basic Law, as well as proof of sufficient command of the German language, usually demonstrated by the B1 language certificate. Additionally, knowledge of the legal and social order and living conditions in Germany must be demonstrated through a citizenship test. There must be no criminal record; minor offences may be exempt under certain conditions, but serious crimes will result in denial of naturalisation. The applicant must also be able to support themselves independently without recourse to public funds, with certain exceptions defined by law, for example for students or minor children. Finally, giving up or losing previous citizenship is required in most cases, provided the law of the country of origin permits this, although there are exceptions to this rule as well.
Can naturalisation be refused or revoked?
Naturalisation may be refused for various legal reasons or subsequently revoked. Refusal occurs, for example, if legal requirements such as language proficiency, minimum length of residence, or independent livelihood are not met. Naturalisation is also denied if the applicant provided false information or cannot clearly prove their identity. Naturalisation may be revoked if it was obtained by deception, coercion, or bribery—in other words, by fraudulent means. Furthermore, revocation is possible if essential naturalisation requirements—such as the renunciation of previous citizenship—were in fact not met due to subsequently discovered circumstances. Loss of German citizenship has far-reaching consequences, including the possibility of expulsion and loss of the right of residence. Revocation is generally at the discretion of the competent naturalisation authority and must consider the principle of legitimate expectation.
What documents are required for a naturalisation application?
To process a naturalisation application, the competent authority requires a range of documents to verify compliance with legal requirements. These primarily include a valid passport or national ID card as well as a current passport photo. Proof of lawful and habitual residence in Germany, for example with registration certificates or residence permits, is also required. Pay slips, employment contracts, and tax assessments are requested to demonstrate financial self-sufficiency. Language skills and knowledge of the social order are usually proven by providing the relevant certificates (e.g. B1 certificate, citizenship test certificate). In addition, birth certificates and, where applicable, marriage certificates or proof of children must be submitted. In individual cases, a written declaration of loss or renunciation of previous citizenship may also be required. Depending on the individual’s circumstances, additional evidence may be necessary, such as proof of completed integration courses or evidence of the need for care.
What are the costs of naturalisation?
Naturalisation is subject to a fee. The statutory standard fee for naturalising an adult currently amounts to 255 euros. For minor children who are naturalised together with their parents, the fee is reduced to 51 euros per child. In cases of particular hardship and upon application, the fee can be partially or fully waived; this is especially the case when economic need is demonstrated. Additional costs may result from required documents—such as certified translations, copies, issuance of certificates, or language certificate fees. Legal fees may also arise if legal advice or representation is required in the process.
What are the effects of naturalisation on previous citizenship?
The legal effects of naturalisation on previous citizenship are defined by the principle of avoiding multiple nationality. Under German nationality law, it is generally required that the previous citizenship is renounced or lost prior to naturalisation. However, there are statutory exceptions: This requirement may be waived if the country of origin does not permit release, permits it only under unreasonable conditions, or if renunciation would be associated with particular disadvantages. In some cases, dual citizenship is permitted from the outset, for example for EU nationals or nationals of European third countries such as Switzerland. Special regulations also apply to recognised refugees and stateless persons. The loss of previous citizenship can have extensive consequences, such as the expiration of entitlement-based claims in the country of origin. The legal situation in individual cases is governed both by German nationality law and by the respective foreign law and should be reviewed carefully.
Can children and spouses also be naturalised?
According to German nationality law, naturalisation is possible for spouses and minor children of the main applicant, provided the legal requirements are met. Minor children can normally be naturalised together with their parents, with more lenient requirements regarding length of residence and language skills, for example the individual integration achievement requirement is less strict or waived entirely. For spouses, joint naturalisation is available if both have lived lawfully in Germany for at least four years and the marriage has lasted for at least two years. German language skills, knowledge of social order, evidence of self-sufficiency, and a commitment to the free democratic basic order are also relevant requirements. If no joint application is submitted, spouses and children must submit their own naturalisation application with supporting documentation.
What legal remedies are available against a negative decision in the naturalisation process?
If a naturalization application is rejected, the applicant has several legal options to challenge the decision. Firstly, it is possible to file an objection with the competent authority within one month of receiving notification of the rejection. The authority will then review the decision again, taking into account the arguments presented and any new evidence. If the rejection is upheld after the objection procedure, the applicant may file a lawsuit with the administrative court. In the judicial proceedings, both the factual and legal aspects are thoroughly examined, and the claimant must continue to demonstrate that all naturalization requirements are met. If all legal remedies have been exhausted or there are special reasons, further legal actions such as appeals or revisions may be possible in exceptional cases. Legal protection in naturalization proceedings is comprehensive and corresponds to the general administrative procedural protection system in Germany.
