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U-turn in the case of the rejection of naturalization due to refusal to shake hands
Language proficiency test, naturalization test, proof of income and residency periods, and then the application fails. Naturalization at the last minute, during the handover of the certificate. This happened to a young man in Bavaria who refused to shake hands with a government employee. The good news first: A single refused handshake does not automatically lead to the permanent loss of one's entitlement to citizenship. Naturalization . The decisive factor is whether the behavior actually demonstrates a disregard for gender equality. The individual in question was able to refute precisely this impression before the administrative court . The authorities relented, and he will now be naturalized after all.
What exactly happened in this case?
The applicant, originally from Syria, had fulfilled all the requirements. At the appointment for the presentation of his naturalization certificate, he refused to shake hands with the responsible official. When asked, he gave various reasons: hygiene, the pandemic, and also religious considerations. At the same time, he stated that he would shake hands with a man. For the authorities, this was a clear indication. They doubted his commitment to the free democratic order and rejected his application. Naturalization from.
The man filed a lawsuit. In the oral proceedings, he admitted that his behavior at the time had been a mistake. He explained that it stemmed from tension and feeling overwhelmed in an unfamiliar situation, not from a lack of respect for women. He convincingly made it clear that, for him, equality applies to both genders. No further doubts remained. The parties unanimously declared the legal dispute settled, and the proceedings were discontinued. However, it could still be several months before the certificate is actually handed over.
What role has gender equality played since the reform of citizenship law?
With the reform of the Nationality Act in June 2024, the legislator has the Naturalization has been simplified in many respects. The minimum residency requirement has been reduced to five years ( § 10 para. 1 StAG ). Furthermore, dual citizenship is generally accepted. This is an important point for many expats. Skilled workers and academics who have previously They wish to retain their citizenship . At the same time, the requirements regarding their values have been tightened.
In addition to the commitment to the free democratic basic order according to Section 10 paragraph 1 sentence 1 no. 1 of the German Nationality Act (StAG) contains an explicit ground for exclusion: According to Section 11 sentence 1 no. 3 of the Nationality Act is the Naturalization is ruled out if someone's behavior demonstrates a disregard for the equality of men and women enshrined in the Basic Law ( Article 3, Paragraph 2 ). It is therefore not a single gesture that matters, but rather an overall assessment of their conduct. Even before the reform, the Federal Administrative Court had already ruled against the rejection of such a case. Naturalization confirmed. In that case, an applicant had refused to shake hands with women for fundamental, gender-related reasons. The difference to the current case lies in the details: there, it was a matter of a fixed stance, here, a credibly explained, one-time lapse in judgment.
Why is the handover of official documents such a sensitive issue?
Many applicants underestimate one legal point: The Naturalization only becomes effective upon issuance of the certificate ( § 16 sentence 1 StAG ). Prior to this, a solemn declaration of allegiance to the free democratic basic order must be made ( § 16 sentence 2 StAG ). Until this moment, the authorities can consider new information. The issuance of the certificate is therefore not a mere formality, but the final step in the verification process.
In our consulting practice, we often see clients viewing this appointment as a celebration and attending unprepared. Cultural norms, nervousness, or ill-considered answers to spontaneous questions can then jeopardize a process that has often lasted a year. Therefore, we also prepare our clients for this appointment. This includes addressing the questions that case workers typically ask.
How differently do naturalization authorities in Germany assess naturalization?
The law applies nationwide, but the practice is not. From hundreds of cases, we know that how exactly the declaration of confession is verified depends heavily on the federal state and the specific authority. In Bavaria, the district offices and independent cities are responsible. Experience shows that they inquire much more frequently, create summaries of conversations, and also document behavior during the appointment. In Berlin, Naturalizations, on the other hand, are handled centrally by the The State Office for Immigration ( LEA ) handles the case. They work largely digitally, and in-depth questions about values only arise when there are concrete indications of wrongdoing.
The processing time also varies. For our clients, it currently usually takes between six and twelve months. Anyone who waits significantly longer without a valid reason can file an action for failure to act after three months ( § 75 VwGO ). We use this instrument selectively, not reflexively.
For This topic is particularly sensitive for families . spouse and minors Children can after Section 10 Paragraph 2 of the Nationality Act (StAG) allows for naturalization along with other nationals. If the main applicant's application stalls, this often affects the entire process. Family .
What should those affected do if the authorities express doubts?
Most people affected contact us as soon as they receive the hearing notice. In it, the authority states its intention to reject the application and gives them the opportunity to comment ( Section 28 of the Administrative Procedure Act or the corresponding state laws). Many then react in one of three ways: They wait and hope the matter resolves itself. They write a short, emotional statement themselves. Or they rely on template letters from the internet and legal tech tools. All three approaches carry risks, because what is included in the file at this stage shapes the further proceedings, up to and including a possible appeal. Legal proceedings .
Our experience shows that most rejections can be prevented if a well-founded legal opinion is obtained before the decision is issued. We assess the behavior from a legal perspective and clarify the difference between a one-off incident and an entrenched attitude. Furthermore, we document actual integration, for example, through employer confirmations, volunteer work, or professional interactions with colleagues and superiors. This is generally faster and less expensive than a Legal proceedings can drag on for a year or more. If the application is rejected, we represent our clients before the administrative court. There, as in the case described, an amicable solution can often be reached.
Conclusion: No automatic process, but also no free pass.
This case demonstrates two things. First, the authorities have taken the commitment to equality very seriously since 2024, right up to the final deadline. Second, a single, credibly explained instance of misconduct does not justify a permanent rejection if the overall picture is different. Those who react early, objectively, and with evidence have a good chance of averting an impending failure. Have you received a hearing notice, or is your Is your naturalization process stalled for other reasons? VISAGUARD.Berlin supports you nationwide, from the initial application to the handover of your certificate.
