Naturalization of the Spouse
All important information from a lawyer on the naturalization of spouses of German citizens
Share:
Here you learn ...
when you can become a German citizen as the spouse of a German
how the naturalization process for spouses of Germans works
when naturalization of spouses is inadmissible
which rules apply to children
Table of contents
1. Apply for naturalization as a spouse of a German citizen
2. Requirements for naturalization of spouses of Germans
3. When can a spouse’s naturalization be refused?
4. Reduction of the duration of the spouse’s stay
5. Co-naturalization of children
6. Death or divorce of spouse
7. FAQ Naturalization Spouses
8. Conclusion
1. Apply for naturalization as a spouse of a German
The naturalization of spouses or registered life partners of German citizens offers foreign partners an easier way to obtain German citizenship. Compared to regular naturalization, there are shorter periods of residence and special regulations to strengthen the family unit. Nevertheless, applicants must meet certain requirements, including an existing marriage or partnership, sufficient knowledge of German and legal residence in Germany. At the same time, there are reasons for exclusion, such as the existence of a sham marriage.
The naturalization of spouses and registered life partners of German citizens is regulated in Section 9 of the Nationality Act (StAG). In this article we explain the legal requirements of Section 9 StAG, possible shortening of the period of residence, the naturalization of children and important aspects that must be considered when submitting the application.
2. Requirements for Naturalization of Spouses of German Citizens
To be naturalized as a spouse or registered life partner, the following requirements must be met:
The marriage or registered civil partnership must be legally valid and still exist at the time of naturalization.
The German spouse or life partner must have German citizenship during this period.
The applicant must have resided in Germany for at least three years and have been in a marital or civil partnership with his or her German partner for at least two years.
Proof of sufficient German language skills at level B1 of the Common European Framework of Reference for Languages (CEFR) is required.
There must be no serious criminal offenses that would prevent naturalization.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
3. When can the spouse’s naturalization be refused?
Naturalization according to Section 9 of the StAG is subject to certain conditions and may only be refused in exceptional cases. Such an exceptional case applies in particular if the marriage or civil partnership was entered into solely for the purpose of securing residency, i.e. if it is a sham marriage . In such cases, there is no actual marital or civil partnership, so the legal conditions for naturalization are not met.
In addition, naturalization can also be denied if the marriage or civil partnership is no longer actually being lived . This is the case if the partners are already living separately or are no longer living together, although the marriage or partnership still formally exists. The decisive factor is that there is a genuine, long-term partnership. If this is not the case, naturalization can be denied according to Section 9 of the StAG.
A strong indication of the existence of a purely formal marriage is the possession of a residence permit according to Section 31 of the Residence Act (AufenthG), which is granted in cases of separation.
4. Reduction of the duration of the spouse's stay
In certain exceptional cases, the three-year period of residence can be further reduced. However, these cases are rare and are handled very restrictively by the authorities. A further reduction in the period of residence is possible in the following cases:
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
The foreign spouse or registered life partner or the German partner has carried out an activity abroad that was in the German interest.
The German partner was or is employed as a member of the Federal Foreign Office, the Bundeswehr or a publicly funded institution.
In such cases, it is sufficient if the applicant lives in Germany at the time of application and naturalization.
5. Co-naturalization of children
Minor children of a foreign spouse or registered partner can be naturalized under simplified conditions. The requirements for prior residence periods are lower, especially if this ensures the legal family unity.
6. Death or divorce of spouse
Even after a divorce or the death of a German spouse or registered life partner, simplified naturalization can take place under certain conditions:
If the applicant submits the application within one year of the death of the German spouse or life partner.
If the application is made after a divorce and the applicant has been granted custody of a common child with German citizenship.
In this case, however, there may be difficulties in obtaining documents. One of our lawyers will be happy to advise you on the problem of naturalization after the death or divorce of a foreigner.
7. FAQ Naturalization Spouses
Who can be naturalized as a spouse or life partner under Section 9 of the StAG?
Foreign spouses or registered life partners of German citizens can be naturalized under simplified conditions, provided they are living in a married or civil partnership and meet the other legal requirements.
How long do I have to be married to my German spouse or life partner to become a naturalized citizen?
The marriage or registered civil partnership must have existed for at least two years, and the applicant must be able to prove three years of legal residence in Germany.
What language skills do I need to prove for naturalization?
For naturalization, knowledge of German at level B1 of the Common European Framework of Reference for Languages (CEFR) is required.
What happens if there are doubts about my spouse's German citizenship?
If there is any doubt, the German spouse or partner must provide proof of German citizenship with a valid identity document (identity card or passport). If this is unclear, the naturalization authority may conduct a review.
Where can I apply for naturalization?
The application must be submitted to the responsible naturalization authority (usually the Citizens' Registration Office or the Immigration Office at your place of residence). It is recommended to seek advice in advance to ensure that all requirements are met.
8. Conclusion
According to Section 9 of the German Citizenship Act (StAG), spouses of German citizens can apply for naturalization after just three years of residence in Germany and two years of marital cohabitation. The prerequisites are a valid marriage, sufficient German language skills (B1), a secure livelihood, and no serious criminal record. Naturalization is legally excluded in cases of sham marriages or already dissolved partnerships.
List of sources
[1] Staudinger, Commentary on the German Civil Code - EGBGB/IPR (International Marriage Law), 2024
[2] Uwe Berlit, Community Commentary on Nationality Law (GK-StAR), 1st edition 2000 (last supplement LBW 14.02.2025)
