Reform of Section 42 of the German Nationality Act: Is it still advisable to submit an employer's certificate despite termination of employment?

The German government recently passed a law tightening nationality regulations , particularly affecting Section 42. The reform aims to consistently penalize false statements made during the naturalization process . In the future, an inaccurate statement can result in a ban of up to ten years on applying for naturalization again. This tightening of regulations was prompted by scandals involving forged language certificates and false declarations of loyalty, such as those concerning Israel's right to exist .

But the new regulation has more far-reaching consequences than one might initially suspect. Employees who submit an employer's certificate during the naturalization process are particularly affected – even if their employment relationship had already ended . Previously, it was considered a minor offense in practice if employers, in sensitive cases, subsequently issued an employer's certificate, either as part of a severance package or after the fact, so that the former employee could prove sufficient means of subsistence during the naturalization process, even though the employment contract had already been terminated. With the reform, this now becomes a significant risk.

Naturalization after termination of employment

In many cases, an employee applies for naturalization while still employed . The process often drags on for months or even years. During this time, the employee may be dismissed . Legally, the crucial requirement is that the applicant's livelihood must be secured at the time the naturalization decision is made. Some employees therefore try to negotiate with their former employer to obtain a certificate that gives the impression that the employment relationship is still in effect. Previously, this was a rather informal approach with manageable risks . However, the new regulation in Section 42 of the German Nationality Act (StAG) fundamentally changes the legal situation. Anyone who now submits such a certificate in the naturalization process risks not only the rejection of their current application but also, potentially, a ten-year ban on future naturalization applications.

Practical consequences of naturalization despite termination of employment

For employees, this means that the risks associated with previous practices have increased significantly . What was once tolerated as a minor offense can now have serious consequences. Employers and employees should therefore be particularly careful. Issuing a false certificate at the employee's request can lead to criminal and administrative penalties. It is therefore legally advisable to always provide accurate information in naturalization proceedings and not to use any certificates that misrepresent the true facts. In case of doubt, legal advice should be sought to develop a sound strategy that does not jeopardize the application.

Conclusion: Naturalization, Termination

The reform of Section 42 of the German Nationality Act (StAG) makes it clear: False statements in the naturalization process can have very serious consequences in the future. The previously widespread practice of submitting employer certificates despite having been dismissed has thus become highly risky. Employees should be aware of the risks and submit only truthful documents in the naturalization process to avoid a potential ten-year ban.