A person who has been lawfully habitually resident in Germany for five years may have an entitlement to naturalisation under § 10 StAG if the other conditions are also met. These include established identity and nationality, an eligible residence status, sufficient German and knowledge of Germany’s legal and social order. Applicants must affirm the free democratic constitutional order and, under § 10 (1), sentence 1, no. 1a StAG, Germany’s special historical responsibility for Nazi injustice and its consequences, particularly the protection of Jewish life, peaceful coexistence between peoples and the prohibition of wars of aggression.
Applicants must generally support themselves and their dependent family members without benefits under Books II or XII of the Social Code. § 10 (1), sentence 1, no. 3 StAG provides exceptions, including for certain former guest and contract workers and certain full-time workers and their families. Since 27 June 2024, German naturalisation law generally no longer requires applicants to give up their existing nationality (multiple nationality). Whether that nationality is retained under the other state’s law must be checked separately.
Previous convictions are governed by § 12a StAG: fines of up to 90 daily units and prison sentences of up to three months are generally disregarded, provided the prison sentence was suspended and subsequently remitted after probation. Multiple fines and prison sentences are added together under the statutory rules. The exception for antisemitic, racist or otherwise inhuman offenses applies where there is a corresponding conviction and that motive was established in the judgment. The thresholds resemble those for a certificate of good conduct under § 32 BZRG, but are not identical in every respect.
It should be noted in particular that convictions which no longer appear in the certificate of good conduct because the period of § 34 BZRG has expired may still be of relevance for naturalisation. For the naturalisation procedure, entries that are not included in a certificate of good conduct may also be made known to the naturalisation authorities, § 41 Abs. 1 Nr. 6 BZRG. In the case of a conviction to a higher penalty, it is therefore important whether the entry in the Federal Central Register has been erased. The repayment periods lie between five and 20 years, § 46 BZRG. Only after expiration of the repayment period the act may no longer be reproached, § 51 BZRG.
If the conviction should lie only slightly over the borders of 90 daily rates and/or three months, the naturalization authority has a certain discretion scope. It can permit naturalisation despite a previous conviction, but does not have to do so. However, the limit must not be exceeded too far. Administrative court rulings, for example, no longer allow naturalisation even if a fine of 120 daily rates is imposed.
For the person interested in naturalisation, a previous conviction therefore has a double negative effect. In addition to the entry in the certificate of good conduct, the application for naturalisation is made more difficult.