Examination of the LEA: Does administrative practice in Berlin allow naturalization of people with disabilities at the discretion of the authorities?

For many long-term residents , the dream of German citizenship is the final step toward successful integration. However, while the new citizenship law, since its recent reform in 2024, has brought significant relief to most applicants, people with chronic illnesses or physical disabilities often face a seemingly insurmountable bureaucratic hurdle. In our advisory practice, we are increasingly seeing the Berlin State Office for Immigration ( LEA ) rejecting applications based on the receipt of social benefits. Those affected rightly wonder whether they will be permanently denied a German passport due to a twist of fate. The good news is that Berlin's administrative practices are currently changing, and the LEA 's policy department is examining a crucial adjustment to benefit those affected.

Why is naturalization by right often excluded in cases of disability?

For naturalization by right, the law requires applicants to be able to sustainably and independently secure their livelihood and that of their dependent family members. This is stipulated in Section 10 Paragraph 1 Sentence 1 Number 3 of the Nationality Act (StAG) . Those who are unable to work due to a serious illness or disability and are therefore dependent on benefits under the Second or Twelfth Book of the Social Code (SGB II or SGB XII) generally do not meet this strict requirement. Since the legislature further tightened the principle of economic integration through the Modernization Act (StARModG), severely disabled individuals almost without exception fall outside the scope of naturalization by right. In practice, this leads to a profound injustice, as those affected are not responsible for their lack of financial means.

How does the LEA Berlin respond to these hardship cases at its discretion?

If the path to naturalization through regular channels is blocked, discretionary naturalization under Section 8 of the German Nationality Act (StAG) comes into focus. According to Section 8, Paragraph 1, Number 4 of the StAG, the person in question must also be able to support themselves. However, the legislator provides an important safeguard in Section 8, Paragraph 2, Alternative 2 of the StAG : this requirement can be waived to avoid undue hardship. For a long time, however, the Berlin State Reception Center (LEA Berlin) argued extremely restrictively. In official hearings regarding the denial of naturalization , it was often stated that undue hardship only existed if the hardship resulted directly from the denial of naturalization itself – an argument based on outdated case law from the Federal Administrative Court (BVerwG).

This restrictive stance is no longer legally tenable. The preliminary application guidelines for the Nationality Act ( AH-StAG 2025, para. 68 ) clarify that such a narrow interpretation will be superseded with the entry into force of the new law. The policy department of the LEA Berlin has recognized this and is now officially examining an amendment to the Berlin Preliminary Application Guidelines (VAB) to align administrative practice with the new federal humanitarian guidelines.

What criteria must be met for a successful discretionary naturalization?

Naturalization at the discretion of the authorities under Section 8 of the German Nationality Act (StAG) is not automatic, but requires a sound legal justification. According to the current guidelines (AH-StAG 2025, para. 69 et seq.), exceptional hardship may be considered if the applicant has done everything objectively possible and subjectively reasonable to secure their livelihood on a permanent basis.

As part of a comprehensive assessment, the citizenship authority must consider and weigh all relevant circumstances of the individual case. In doing so, the authorities are strictly bound by constitutional and international law. In particular, they must comply with the prohibition of discrimination on the grounds of disability under Article 3, Paragraph 3 of the Basic Law (GG) and with the obligations arising from the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD). The authority's discretion may even be reduced to an obligation to grant citizenship if the lack of financial means is expected to be permanent and a refusal would be tantamount to a lifelong exclusion from German citizenship ( AH-StAG 2025, Rn. 71, 72 ).

What is legally considered a recognized disability in the naturalization process?

The legal definition is based on Section 2 of the Ninth Book of the German Social Code (SGB IX). It is important to note that a disability or chronic illness alone is not sufficient to exempt one from the obligation to secure one's livelihood . The impairment must be the cause of the person's inability to achieve full economic integration (AH-StAG 2025, para. 78).

In practice, the nature and extent of the impact are crucial (AH-StAG 2025, para. 79). An excellent piece of evidence that we successfully present in analogous cases is a severely disabled person's identity card with a high degree of disability (GdB) and the official notification from the German Pension Insurance regarding a full and permanent incapacity for work pursuant to Section 45 of the German Social Code, Book XII (SGB XII). If, for example, as in one of our practical cases, there is an officially recognized, incurable incapacity for work that has existed for almost ten years, the authorities may not refuse naturalization with the blanket justification that the hardship does not result from the denial of the passport . The legislator's historical intention within the framework of the 2024 reform is precisely to protect this group of people.

Our conclusion as a law firm specializing in visa and citizenship law

For a long time, the naturalization of people with disabilities who rely on state support was a difficult process in Berlin, fraught with bureaucratic hurdles. However, the new citizenship law and the accompanying modernization of the official guidelines (AH-StAG 2025) have fundamentally changed the legal situation in favor of those affected. The fact that the policy department of the LEA Berlin is now reviewing its internal guidelines is a milestone for administrative practice. No one may be permanently excluded from citizenship due to a chronic illness or disability , provided all other requirements are met. If you or your family members are threatened with rejection, we recommend submitting a precise legal argument to the authorities early on. As a specialized law firm, we support you in effectively asserting your right to naturalization through discretionary proceedings.