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GERMAN CITIZENSHIP

Does hiring a lawyer speed up your German citizenship application?

Contracting a lawyer to help you with your German citizenship application isn't likely to help you get an appointment faster. But it may help you in other ways, particularly if your citizenship authority starts ghosting you.

Published: 24 April 2024 11:02 CEST
Updated: 27 April 2024 15:05 CEST
Does hiring a lawyer speed up your German citizenship application?
A lawyer can't guarantee you a speedy response to your German citizenship application, but that doesn't mean you shouldn't consider one in some cases. Photo by Tingey Injury Law Firm on Unsplash

With the German naturalisation law reform set to come into force on June 26th, many foreign residents in Germany are considering applying. One question that readers have asked The Local is: Will contracting a lawyer with good contacts within citizenship and immigration authorities speed up your German citizenship application?

READ ALSO: Elation and worry as German citizenship law passes final hurdle

Strictly speaking, no. That in and of itself won’t do it – according to legal experts The Local has spoken to.

Immigration lawyers Andreas Moser and Sven Hasse both say the best way to increase your application’s chances of speedy approval is to make sure the application is complete and well-organised. Moser recommends that paper applications are filed with an index of documents and that files submitted with electronic applications are neatly scanned and clearly labelled.

“I’ve had clients who’ve done it like that and they sometimes get their citizenship – even in busy offices like Munich – in three months,” says Moser. “The most important thing is to only apply when you’ve met all the conditions, have all the paperwork, and you can present it in one folder.”

You may wish to have a lawyer go over your documents to help ensure that neat application – or even perhaps to draft a cover letter anticipating and answering any questions the authorities might have.

Such explanations might be to detail a short break in your income, or address why your children might have a different last name to you if they’re included in your application.

However, having a lawyer to help you do this isn’t necessary in many cases. Moser also advises that it’s unlikely to save you any time versus simply doing the application yourself, as your lawyer will have to go through all the application details with you anyway – and it can be costly.

READ ALSO: How to get a speedy response on your German citizenship application

When should I definitely consider a lawyer?

Moser’s recommendation, in most cases at least, is to consider a lawyer only once it’s clear that the authorities aren’t considering your neat and complete application in a timely manner and you want to challenge them.

Normally, this shouldn’t be until at least three months have passed without word on the status of your application. At that point you can threaten a complaint through the administrative court. Such a complaint is known as an Untätigkeitsklage and you can draft a letter to the citizenship authority yourself stating that if it does not act on your application, you will file the complaint. You can also ask a lawyer to help you with this threat letter.

Moser says that much of the time, this threat letter works – and the applicant will rarely have to actually file the Untätigkeitsklage. If you do choose to file it though, it’s at this point that Moser advises you seek out a lawyer to draft and file the complaint on your behalf. This process costs €500 in court fees and more in legal fees, although if the court finds in your favour – the authority then has to send this money back to you.

Finally, both Hasse and Moser say you should consider legal advice if your case is complicated. This might include a previous criminal conviction carrying a sentence of slightly more than 90 days, or for uncertain or interrupted periods of residence. This could include people who’ve travelled to their home countries for an extended period of time to look after ailing relatives or employees of German companies who’ve been posted outside of Germany for an extended period of time due to their jobs.

READ ALSO: When to consider legal action for your German citizenship application

Member comments

  1. Thanks for this article. I’ve applied for German citizenship last year for myself and my children based on my grandfather being a German citizen at the time of my Father’s birth. My attorney told us we should hear by the end of this year. He told us this type is through a different court process than the naturalization process. Has anyone else reading this, done this application for citizenship from ancestry.

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READER QUESTIONS

EXPLAINED: Do I have to declare income from foreign sources on my German tax return?

If you're a resident in Germany, you will typically have to declare and pay tax on your worldwide income. But there may be some exceptions in certain cases.

Published: 3 May 2024 11:11 CEST
EXPLAINED: Do I have to declare income from foreign sources on my German tax return?

If you’re filling in a German tax return, you are generally legally required to declare and pay tax on all income you earn – wherever in the world you earn it. This is true even if you keep the money abroad.

In most cases, your worldwide income is subject to what’s called “unlimited tax liability” – which means that there’s no exemptions or discounts on your taxes for money earned abroad – whether its from work or capital gains like the sale of stocks. This is generally even true if Germany doesn’t have a Double Taxation Agreement (DTA) with the other country in question.

If, however, Germany does have a DTA – some of your tax might end up getting limited in Germany. This is generally providing that you’ve paid it in the other country.

For example, the US may apply a withholding tax to payments made to you for freelance services you provide in the US, for example. In this case, the DTA between Germany and the US would allow you to submit documentation proving that you’ve already paid tax on this payment in the US. That’ll prevent you from having to pay tax again in Germany on the amount that actually gets wired to your account.

READER QUESTION: How can I find a German tax advisor?

Who has a double taxation treaty with Germany?

Germany has concluded double taxation agreements with numerous – but not all – countries and territories. You can check out the German government’s dropdown menu here to see which countries are on the list.

German residents earning money in other EU countries should still check this list, as certain tax provisions may be unique to the two countries in question.

READ ALSO: Everything you need to know about paying taxes in Germany

What about rental income?

As a general rule, rental income is taxed in the country where the property is located, meaning you don’t have to declare or pay it in Germany. There are some notable exceptions – for example if the property is located in Spain. In this case, you would report this income in Germany.

What about inheritance?

Some double taxation agreements have clauses that specifically govern what tax rules there are around inheritance that a German resident might get from abroad.

In general, the inheritor will still have to pay inheritance tax in Germany, but could see their tax liability reduced if tax already has to be paid abroad.

There are also other exceptions possible, such as if a child receives a property in their parent’s will and then proceeds to live in it for at least 10 years after they acquire it. In this case, they may not need to pay any tax on it.

In certain complicated cases – or if you have any doubt – it may be a good idea to seek out the services of a professional tax advisor who can make sure you don’t get in trouble with the Finanzamt (tax office). 

READ ALSO: Do foreigners owe tax in Germany on money that is inherited from overseas?

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