Residence, EU free movement and German citizenship
Our work includes questions concerning residence permits, settlement permits, extensions of residence titles, the continuation or loss of a right of residence, and proceedings involving immigration authorities, citizenship authorities and administrative courts.
In naturalization and citizenship law, we examine not only ordinary naturalization but also special forms of acquisition, in particular acquisition by declaration under section 5 of the German Nationality Act (StAG) for certain persons and their descendants who did not acquire German citizenship by birth because of former gender-discriminatory rules.
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1 Residence and immigration law Residence permit, settlement permit, extension and continued validity
Residence and immigration law frequently concerns the granting or extension of a residence permit, a settlement permit or the question whether an existing residence title continues to be valid or has expired.
We review official decisions and the underlying factual requirements and represent clients before immigration authorities and – where necessary – before the administrative courts.
2 EU free movement law EU citizens, family members and findings of loss of rights
EU free movement law is particularly shaped by European Union law and the case law of the Court of Justice of the European Union. In practice, the issue is often whether an EU citizen or family member has a right of free movement or residence, whether that right continues and when a right of permanent residence has arisen.
A typical case is where an authority considers that the conditions for free movement are not met and formally determines the loss of the right of free movement. Judicial review before the administrative courts may be available against such a determination.
3 Naturalization Naturalization application, income, means of subsistence and personal requirements
Naturalization cases frequently raise questions about secure means of subsistence, the assessment of income and employment and whether the personal and financial requirements are met.
Particularly where income fluctuates, employment changes or there are family maintenance obligations, the legal assessment in the individual case can be decisive. We review the authority's assessment and assist with the naturalization procedure before the competent citizenship authority.
4 My mother or grandmother was German – can I obtain German citizenship? Acquisition by declaration under section 5 StAG and German ancestors
Since 20 August 2021, certain persons have had a special right to acquire German citizenship by declaration under section 5 StAG. It applies in particular to children born after 23 May 1949 to a German parent who did not acquire German citizenship by birth because of former gender-discriminatory rules. The right may also extend to their descendants, including children and grandchildren.
Typical cases include situations in which, under the law applicable at the time, a German mother could not pass on her German citizenship to her child born in wedlock. Whether acquisition by declaration is possible depends, however, on the specific dates of birth, the citizenships held at the relevant times and the family relationships.
The fact that a mother, grandmother or other ancestor was German does not automatically suffice. The family line must be examined using birth, marriage and citizenship documents. The right of declaration under section 5 StAG is limited to ten years from the entry into force of the provision.
5 The authority has not made a decision Long processing times and possible administrative inaction
Residence and naturalization proceedings can take a considerable amount of time. If no decision is made for a prolonged period, it must be examined which procedural options are available and whether court proceedings for administrative inaction may be appropriate.
Relevant factors include the duration of the proceedings to date, the current processing status and whether the authority has given an objective reason for the delay.
6 Refusal decision or determination of loss of rights Court action, interim relief and judicial review by the administrative courts
If an application is refused or a determination is made that residence or free-movement rights have been lost, the applicable appeal periods and the effects of the decision must be examined.
Depending on the case, court proceedings, an application for interim relief or other procedural steps may be available. The specific decision and the information on legal remedies contained in it are decisive.
Residence and Citizenship Law in Dortmund and North Rhine-Westphalia
Our law firm advises clients from Dortmund, the Ruhr area and North Rhine-Westphalia on residence law, EU free movement law, naturalization and citizenship law. If you have questions concerning a German mother or grandmother, section 5 StAG or naturalization, you can initially send us the available certificates and official correspondence. We will tell you which additional documents we need.