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GERMAN CITIZENSHIP

Do you need permanent residency to apply for German citizenship?

When you apply for German citizenship, one of the first questions you'll be asked is what type of residence permit you have. Will you run into problems if you don't have permanent residency rights?

German citizens naturalisation
New German citizens gather for a naturalisation ceremony in Frankfurt am Main. Photo: picture alliance/dpa | Frank Molter

If you’ve lived in Germany for a while, you may have already considered one day naturalising as German. If so, you’ve probably heard of the main requirements: having at least B1 German, completing a citizenship test and proving that you can support yourself and your family financially.

But did you know that you also need a certain type of residence permit to be eligible to apply?

When it comes to naturalisation, the rules around visas and residence permits can be confusing for foreigners, and many people assume that they won’t be able to obtain a German passport without first applying for permanent residence.

READ ALSO: What do I need to apply for German citizenship under the new law?

While this isn’t strictly true, there are some cases where your visa may disqualify you from citizenship (at least for now).

Here’s how to find out if you’re eligible for naturalisation in Germany on your current visa or residence permit.

What residence permits make you eligible for German citizenship?

According to German citizenship law, one of the criterion for naturalisation is that foreigners have “an unrestricted right of residence in Germany” at the time of applying.

This includes people who are EU citizens, third-country nationals with permanent residence (i.e. a Daueraufenthaltserlaubnis) and British citizens who received an Aufenthaltsdokument-GB under the Brexit Withdrawal Agreement. 

All of these groups are allowed to stay in Germany for an unlimited period of time without needing to renew their permits – though they can lose their residence rights if they are abroad for too long.

READ ALSO: How long can you leave Germany for without losing permanent residency?

But what about people who don’t have this kind of unrestricted residence right? Are they still able to apply for German citizenship? 

In many cases, yes – but not always. 

The law states that, as well as people with an unrestricted right of residence, foreigners can also apply for citizenship if they hold “an EU Blue Card or a time-limited residence permit which in terms of its purpose may also lead to permanent residence”. 

Two Blue Cards for foreign skilled workers are on a table at the Federal Office for Migration and Refugees in Bavaria.

Two Blue Cards for foreign skilled workers are on a table at the Federal Office for Migration and Refugees in Bavaria. Photo: picture alliance/dpa | Daniel Karmann

That excludes temporary visas such as student visas or visas for research or vocational training, but includes other forms of residence permit like an employment or skilled worker visa or a family reunification visa. 

As mentioned, people with either time-restricted or unrestricted EU Blue Cards are also eligible to apply for citizenship. 

How do I find out if I’m eligible for German citizenship?

If you’re unsure whether you are currently eligible to apply for German citizenship, there are several ways to check before submitting an application.

The simplest is to get in contact with your local immigration authority, which is usually responsible for handling citizenship applications in your city or municipality. 

READ ALSO: When and how can I apply for German citizenship?

If the Ausländerbehörde doesn’t handle citizenship applications, they will at least be able to tell you who does.

Once you make contact with your local authority, you’ll generally be offered a telephone consultation with an advisor who will check your eligibility. 

Alternatively, some larger citizenship offices such as those in Berlin and Bavaria have online ‘quick check’ tools that tell you whether you can currently apply.

In more complicated situations, it may be worth making contact with an immigration lawyer, who will be able to offer more tailored advice. 

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For members

GERMAN CITIZENSHIP

Can people with a German spouse get faster citizenship under new law?

Germany's upcoming citizenship reform will drastically slash the years of residence needed for most foreigners. Does the same apply to people married to German citizens?

Can people with a German spouse get faster citizenship under new law?

One of the most exciting aspects of Germany’s new citizenship law is the fact that people will be able to get a German passport much sooner after arriving in the country.

Currently, Germany stands out as one of the European countries with the strictest residence rules for citizenship: in fact, most foreigners have to live in the country for a full eight years before they can even consider submitting a citizenship application.

Luckily, that’s all set to change on June 26th this year, when Germany will bring in a set of new – mostly more relaxed – citizenship rules. 

Rather than eight years, most foreigners will have the chance to naturalise after five, and in some exceptional cases, the naturalisation process can begin after just three.

READ ALSO: What you need to know about Germany’s citizenship law reform

This has left some people wondering what rules will apply to married couples after the new law comes in – and specifically those who are married to Germans. Will the residence requirements for this group of people be reduced as well? 

Here’s what we know so far about the government’s plans.

Residence requirements for married couples 

As it stands, the spouses of German citizens already have much shorter residence requirements than foreigners with no German relatives.

If you’re married to a German, you only have to be resident in the country for three years to qualify for citizenship yourself – provided you have been married for at least two.

In some cases, the current law even allows for this period of residence to be shortened if the marriage or civil partnership has existed for at least three years. 

If you have a child with your German spouse, they will automatically be entitled to citizenship under the principle of descent.

READ ALSO: When is my child entitled to German citizenship?

Given that the period of residence required is already so short, the government hasn’t made any changes on this front for married couples in the new law.

This means that in some circumstances, naturalisation may be quicker under the so-called “fast-track” route than via your partner. For example, if you speak C1 German and are well integrated, and only get married to a German after three years of residence, you may be able to apply for citizenship before your two years of marriage or civil partnership are up.

The best people to offer you guidance on this are the advisors at your local immigration or citizenship office. In most cases, they will able to work out if there is a quicker route to naturalisation for you.

READ ALSO: Who qualifies for ‘special integration’ status under Germany’s citizenship law?

What other conditions are there for German citizenship?

Even for the spouses of German citizenship, the general rules for naturalisation will apply. 

That means being able to prove your knowledge of life in Germany via a citizenship test or other means, having a B1 German certificate and having a household income that can support you and your loved ones, as well as demonstrating a clean criminal record.

For more information on the general requirements for German citizenship and when to apply, check out our explainer below:

When and how can I apply for German citizenship?

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