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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.

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 27th, 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

Editor’s note: We amended the implementation date for German citizenship from June 26th to June 27th 2024 after confirmation from the German government on May 16th. 

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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GERMAN CITIZENSHIP

How good does your German have to be for the different paths to citizenship?

There are a few different routes to German citizenship. As the rules are set to change in June 2024, here's a guide to what level of German you'll need to have for four broad paths to citizenship.

How good does your German have to be for the different paths to citizenship?

The standard route to German citizenship through naturalisation – B1 German

When it comes to the typical way of applying for German citizenship, there are a few changes in areas other than language. Potential applicants will be eligible after five years in Germany rather than eight and as with any applicant after June 27th, dual citizenship will be allowed.

Most other requirements essentially remain the same – including having to pass a B1 language test.

B1 is the third level out of a possible six and someone who has achieved it is classified as an “independent user” under the Common European Framework for Languages. 

This means the speaker can handle most aspects of their daily life – shopping, getting around, and basic topics around work, school or living.

A B1 speaker won’t necessarily be expected to discuss advanced medical issues with their doctor or the finer points of tax law with their financial advisor. But they should be able to call to make appointments and have more basic conversations with frontline staff like shopkeepers, receptionists, and nurses.

They should also be able to get through most appointments at the Bürgeramt without assistance and manage basic workplace discussions – even if they still present or tackle tougher topics in English or another language.

A B1 speaker will also be able to have simple discussions on certain topics they may be familiar with – such as their line of work. B1 exams will often ask test-takers to discuss the pros and cons of something.

READ ALSO: A language teacher’s guide for passing the German tests for citizenship

The special integration route – C1 German

Applicants who can demonstrate exceptional effort to integrate into Germany – or who have made big contributions to German society through their professional career, volunteering or otherwise might be eligible to naturalise after just three years.

However, these applicants will also have to speak German at a C1 level – the second highest level possible.

C1 speakers are typically able to understand longer and more challenging texts – including those that are not within their area of expertise. They can also express themselves fluently on complex issues and even make academic arguments that follow a certain structure. They will typically be able to make a presentation at work in German – for example.

Employees have a chat at a coworking space in Oldenburg, Lower Saxony. Workplace chat should be possible for a B1 German speaker, while a C1 speaker will be expected to be able to make presentations. Photo: picture alliance/dpa | Hauke-Christian Dittrich

C1 topics aren’t necessarily everyday topics – with test-takers at a C1 exam expected to be able to have discussions on topics from globalisation to climate change to financial planning. People taking a C1 exam may need to even brush up on their knowledge in general before taking the test.

READ ALSO: How hard is the C1 language test for Germany’s upcoming fast-track citizenship?

The simplified route for hardship cases and guest workers

Applicants who come from the guest worker generation of the 1950s and 1960s, or contract workers in the former East Germany, will not have to take a language test to naturalise as German. The same is true for certain hardship cases – where age, disability, or another factor may prevent an applicant from being able to study up to the B1 level.

In these cases, no specific language requirement exists – but applicants must be able to communicate sufficiently with their case workers, unaided by a translator.

Certain people – but not all – in this situation may also be exempt from taking the German citizenship test.

READ ALSO: How can over-60s get German citizenship under the new dual nationality law?

German citizenship by descent or restoration – no German required

There is one group of applicants that doesn’t need to demonstrate any German knowledge at all – those who apply by descent from a German parent or descent from victims of the Nazis through the restoration route.

These applicants also don’t need to pass the citizenship test – as they are technically already considered citizens who simply need to claim their passports. 

The rules for this group remain completely unchanged by the new law – and applicants who apply by descent or restoration are already allowed to keep other citizenships they were born with.

READ ALSO: Who is entitled to German citizenship by descent and how to apply for it

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