Identity clarification for naturalization: The Federal Administrative Court further develops its case law on naturalization without a passport.

Anyone wishing to become a German citizen must provide unequivocal proof of their identity ( § 10 para. 1 StAG ). But what happens if no passport is presented? On December 18, 2025, the Federal Administrative Court (BVerwG) issued a significant ruling ( BVerwG 1 C 27.24 ) that supplements and further develops the requirements for proof of identity in naturalization proceedings . Previously, there was some flexibility between passports and identity cards. This is now over: The national passport is now the sole standard for proof of identity.

Background of the new Federal Administrative Court ruling

A Syrian man born in 1994, who has lived in Germany since 2014 and is recognized as a refugee, applied for naturalization . He presented his Syrian identity card but refused to apply for a national passport at the Syrian embassy. From legal experience, this is a common practice among Syrians, as the fees for a new passport in Syria have increased disproportionately over the years, and people refuse to finance the regime's war. While the Administrative Court initially ruled in favor of the Syrian man, deeming the identity card sufficient, the Federal Administrative Court has now overturned this decision.

The new 5-step model of identity clarification

The court has further clarified the existing system for establishing identity in naturalization proceedings and naturalization without a passport. Previously, the Federal Administrative Court had consistently ruled that, in addition to a passport, there were other means of establishing identity (the so-called five-stage model ). However, the core of the new ruling is now: A transition to the next stage is only permissible if obtaining the documents of the higher stage is objectively impossible or subjectively unreasonable "despite sufficient cooperation." This is not the case with a deliberate refusal to apply for a passport (even with a well-founded argument).

Naturalization without a passport according to a new ruling

For naturalization without a passport, this means stricter requirements, as simply refusing to apply for a passport on grounds of conscience is no longer sufficient for naturalization. The tiered model for establishing identity thus looks like this in summary:

Level 1 : The national passport. It is the gold standard document. Only it contains a state's legally binding declaration under international law regarding a person's identity and nationality.

Level 2: Official photo documents. Only if a passport cannot be obtained may recognized substitute passport documents or identity cards serve as proof.

Stages 3 to 5: Here you will find other evidence such as birth certificates, driver's licenses or, in the last step, witness statements and affidavits.

Why is the passport so important?

The Federal Administrative Court emphasizes the special function of the passport as a " public, internationally recognized state document ." While an identity card (level 2) may contain personal information, it does not possess the same status under international law as a passport. One can no longer choose which document to present. Anyone who could apply for a passport but declines for personal reasons will henceforth fail at the first level .

What does this ruling mean in practice?

The ruling presents a hurdle for naturalization applicants without a valid passport. They must now provide detailed evidence and justification as to why going to their country's embassy to obtain a passport is impossible or unreasonable . Conscientious objections can no longer be considered . From a legal perspective, this is concerning, as it facilitates the practice, employed by some regimes, of financing wars through exorbitant fees charged to citizens living abroad .

Conclusion of new ruling: Naturalization without a passport (Syria)

For many, establishing identity remains the bottleneck to naturalization. With this new ruling, the Federal Administrative Court emphasizes that German citizenship is only granted when there is maximum certainty regarding identity. Simply presenting an identity card is insufficient as long as a passport can theoretically be obtained.

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