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Naturalization in Berlin: What data the LEA obtains about you from other authorities

33 minutes ago
6 min read

At the very end of the Berlin naturalization application is an inconspicuous paragraph that many applicants only skim. By signing it, they consent to one of the most comprehensive data requests known to German administrative law: registration offices, job centers, tax offices , immigration authorities, police, domestic intelligence agencies, public prosecutors' offices, and courts are all authorized to provide the State Office for Immigration ( LEA ) with information about them. This article explains what specific information is requested, the legal basis for this, and why well-integrated skilled workers from the USA , Great Britain , and Canada are sometimes unpleasantly surprised at this point.


Why does the LEA even collect data from other authorities?

Naturalization , according to Section 10 of the Nationality Act (StAG), requires, among other things, lawful habitual residence of generally five years, a suitable residence permit, the ability to independently secure one's livelihood, a clean criminal record, and a commitment to the free democratic basic order. The citizenship authority does not rely solely on your information but systematically verifies it. Section 31 of the Nationality Act permits it to collect the necessary personal data, and Section 32 of the Nationality Act obligates other public bodies to inform it of circumstances relevant to the decision. For particularly sensitive data, such as social security or tax information, your explicit consent is also required – this is precisely what the State Office for Citizenship ( LEA) obtains with the application form. Anyone who refuses to give their consent violates their duty to cooperate (Section 37 Paragraph 1 of the Nationality Act in conjunction with Section 82 of the Residence Act) and risks having their application rejected.


What information does the LEA receive from the registration authorities?

The initial check is carried out via the residents' registration office. According to Section 34 of the Federal Registration Act, the citizenship authority uses this office to determine when and at which addresses you have been registered in Germany, your marital status, and whichchildren live in your household. Since the so-called "turbo naturalization" after three years was abolished at the end of 2025, a uniform five-year period applies – and proof of this period begins with the residents' registration office. In our practice, we regularly see expats who deregistered during an extended project abroad or forgot to re-register after moving. Such gaps raise questions about the continuity of residence, even though stays abroad of up to six months are generally harmless according to Section 12b Paragraph 1 of the Nationality Act. The file then remains pending until the inquiry is resolved.


Why does the LEA inquire at the job center, social welfare office, youth welfare office, BAföG office and employment agency?

This concerns the requirement of a secure livelihood according to Section 10 Paragraph 1 Sentence 1 Number 3 of the German Nationality Act (StAG). Since the 2024 reform, receiving citizen's income (SGB II) or social assistance (SGB XII) generally precludes naturalization ; exceptions apply only to narrowly defined groups, such as individuals who have been employed full-time for at least 20 months within the last 24 months. The agencies providing these benefits—the Youth Welfare Office, the Office for Educational Support, and the Employment Agency—are bound by social confidentiality under Section 35 of the German Social Code, Book I (SGB I). They may only disclose information if you have given your consent in accordance with Section 67b of the German Social Code, Book X (SGB X). The inquiry will ask whether you or members of your family receive or have received benefits. It is important to know that unemployment benefit I is an insurance benefit and does not preclude naturalization , nor does prior receipt of BAföG (Federal Training Assistance Act) during studies in Germany. Problems almost always arise when the information provided by the authorities and your application do not match – for example, because you received supplementary benefits for a few weeks after a job change, which do not appear in the form.


What role do the financial authorities play?

Tax data is specially protected by tax secrecy under Section 30 of the German Fiscal Code (AO) and, according to Section 30 Paragraph 4 No. 3 AO, may only be disclosed with your consent. The tax office informs the LEA (State Office for Foreigners) of your income and any tax evasion proceedings. This is rarely an issue for employees with payroll tax deductions. For freelancers and the self-employed, however, the LEA compares the income declared in the application with the tax assessments – any missing returns or arrears are immediately noticed. A special case applies to skilled workers from the USA , Great Britain , and Canada: Anyone who, as a resident taxpayer in Germany, has failed to declare capital gains from domestic accounts or rental income from a property in their country of origin, can quickly face tax evasion proceedings. In such cases, the decision regarding naturalization must be suspended under Section 12a Paragraph 3 of the German Nationality Act (StAG) until the conclusion of the proceedings.


What does the immigration office know – and what is different in Berlin?

The immigration office provides your immigration history: which residence permit or Blue Card you held and when, whether there were periods without a permit, whether there are grounds for deportation, and what entries exist in the Central Register of Foreigners. In Berlin, the immigration office and the naturalization office have been combined under the umbrella of the LEA ( State Office for Migration and Refugees) since 2024. The data matching process is therefore internal and thus more comprehensive than elsewhere. A frequent stumbling block in our consultations is a late application for extension of residence, which creates a formal gap in your legal residency. Such interruptions can be disregarded according to Section 12b Paragraph 3 of the Nationality Act – however, the LEA does not review this automatically in your favor, but only if it is substantiated.


Which security authorities and courts are being questioned?

For all applicants aged 16 and over, the State Office for Citizenship (LEA) transmits the application data to the Federal Office for the Protection of the Constitution (BfV) pursuant to Section 37 Paragraph 2 of the Nationality Act (StAG) in order to examine grounds for exclusion under Section 11 StAG. Simultaneously, it obtains an unrestricted extract from the Federal Central Register pursuant to Section 41 of the Federal Central Register Act (BZRG), which also includes convictions that no longer appear on your certificate of good conduct. In addition, inquiries are made with the police, public prosecutor's offices, and courts regarding ongoing investigations and criminal proceedings. According to Section 12a Paragraph 1 StAG, fines of up to 90 daily rates and suspended prison sentences of up to three months are generally disregarded – except in cases of antisemitic, racist, or otherwise inhumanely motivated offenses. Foreign convictions must be declared by you yourself pursuant to Section 12a Paragraph 4 StAG. In practice, this often concerns older DUI convictions from the USA or Canada. Those who conceal such convictions risk having their naturalization revoked pursuant to Section 35 StAG – even up to ten years later. Furthermore, the security checks are the typical bottleneck of the process: Experience shows that responses from the Federal Office for the Protection of the Constitution often take months to arrive.


How can you best prepare for the data query?

The smartest strategy is to know exactly what data the LEA ( State Office for Migration and Refugees) will request before submitting your application. This includes an extended registration certificate, a self-disclosure from the Federal Central Register pursuant to Section 42 of the Federal Central Register Act (BZRG), tax assessments from recent years, and, if applicable, information pursuant to Article 15 of the GDPR from the relevant authorities. Those who wait or submit their application independently based on a general online checklist usually only discover inconsistencies when the LEA 's inquiry letter arrives in the mail. We have overseen hundreds of naturalization procedures in Berlin and know where the caseworkers tend to ask follow-up questions. We prepare applications so that the official information confirms your statements rather than calling them into question. And if the LEA fails to make a decision for more than three months without sufficient justification, we will enforce your claim in court by filing an action for failure to act pursuant to Section 75 of the Administrative Court Procedure Act (VwGO).


Conclusion

By submitting your naturalization application, you grant the State Office for Migration and Refugees (LEA) access to virtually all official data held about you – from registration and social security records to tax information and security agency registers. This is legally mandated and clearly regulated in Sections 31, 32, and 37 of the German Nationality Act (StAG). Those who check their own data beforehand and consistently align their application accordingly will avoid inquiries, suspensions, and, in the worst-case scenario, the subsequent revocation of their German citizenship . We support you in thoroughly preparing and swiftly completing your naturalization process.

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