Immigration to Germany | HEUSER RECHT UND STEUERN
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Immigration
The strongest immigration
title is naturalisation
In principal every foreigner can apply for
the German naturalisation, if he meets
the conditions set forth in the Immigartion
Law. Basically, the German Immigration
Law offers three different ways
to a naturalisation: the entitlement to
naturalisation ( Anspruchseinbürgerung
), the naturalisation on discretion ( Ermessenseinbürgerung
) and the spouse
naturalisation.
An entitlement to German naturalisation
has to be granted when the following
conditions are fulfilled:
• Germany has been the usual place of
residence for at least eight years.
• The applicant has an unrestric-
ted residence permit in Germany.
• The applicant has independent means
of securing a living (including for fa-
mily members entitled to maintenance)
without resorting to welfare payments.
This applies in particular, if the appli-
cant is employed with an adequate salary.
• The applicant has adequate German
language skills. A level of B1 (in the
Common European Framework of Re-
ference for Languages) is classified
as adequate. A German certificate of
secondary education, completed vo-
cational training or a German uni-
versity degree usually also serves as
proof of German language proficiency.
• The applicant must have passed the
German naturalisation test.
• The applicant does not have any con-
victions on account of a criminal offence in
Germany or abroad or any ongoing
investigations for any criminal offences.
• The applicant is willing to commit both
orally and in a written form to the basic
democratic values of the German cons
titution. This will be presented before
the naturalisation authorities.
• In principle, the applicant must give up
his previous nationality.
Generally, an application for discretionary
naturalisation may be successful, if it is
in the interest of the public and if certain
minimum criteria are fulfilled.
The absolute minimum requirements are
as follows:
• An application (involves a fee of € 255)
• No convictions on account of a criminal
offence
• Legal residence in Germany, and Ger-
many is the usual place of residence
• Apartment or other form of accomm-
odation in Germany
• Sufficient funds to secure one’s own
living and that of any family members,
without resorting to German welfare
benefits.
Depending on the immigration authority,
there may be additional conditions. The
most common ones are:
• Renunciation of previous naturalisation
• An adequate knowledge of the German
language
• Knowledge of German legal and social
regulations and the way of life in
Germany
In principle, if it is not in the particular
interest of the public, discretionary naturalisation
is only possible after a stay in
Germany of eight years’ duration.
It is possible for the spouses of German
citizens to achieve naturalisation.
For such an application the following is
usually required: