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Revocation of naturalization
Lawyer explains: When is it possible to revoke naturalization and what can you do?
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when naturalization can be revoked by the authorities
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1. Revocation of naturalization
2. When can naturalization be revoked?
3. Revocation of naturalization due to false information and deception
4. Revocation of naturalization after 10 years
5. FAQ Revocation of Naturalization
6. Conclusion: Revocation of naturalization
1. Revocation of naturalization
The revocation of naturalization is a legally complex issue in German citizenship law, closely linked to questions of constitutional and international law. Since the entry into force of Section 35 of the Nationality Act (StAG) on February 12, 2009, the conditions under which an unlawful naturalization or a defective retention permit can be revoked are explicitly regulated. This provision constitutes a special regulation (lex specialis) in relation to general administrative procedure law (see Section 48 of the Administrative Procedure Act (VwVfG)), which is no longer applicable in these cases. The aim was to create a uniform and constitutionally compliant basis for the revocation of naturalizations – especially when German citizenship was obtained through deception, false statements , or the concealment of essential facts . Since Section 35 of the Nationality Act (StAG) came into force on February 12, 2009, the conditions under which an unlawful naturalization or a defective retention permit can be revoked are explicitly regulated. This provision constitutes a special rule (lex specialis) in relation to general administrative procedure law (see Section 48 of the Administrative Procedure Act (VwVfG)), which is no longer applicable in these cases. The aim was to create a uniform and constitutionally compliant basis for the revocation of naturalizations – particularly when German citizenship was obtained through deception, false statements , or the concealment of essential facts .
At the same time, the revocation of naturalization touches upon fundamental principles of international and constitutional law . While the Basic Law prohibits the deprivation of citizenship ( Article 16, Paragraph 1, Sentence 1 ), it permits its loss under certain conditions, for example, if the naturalization was unlawful . The state is obligated to avoid statelessness as far as possible, but must also uphold the legality of its administration. In conjunction with international obligations—such as the 1961 Convention on the Reduction of Statelessness and the European Convention on Human Rights—it becomes clear that the revocation of naturalization always exists within the tension between state sovereignty and the protection of individual rights . Maintaining this balance is the central legal and ethical standard in the application of Section 35 of the German Nationality Act.
The revocation of naturalization has far-reaching legal consequences. It always takes effect retroactively – that is, "ex tunc" – and results in the person concerned being treated as if they had never been a German citizen . This means they lose not only German citizenship but also all rights derived from it, such as EU citizenship . This retroactive effect can have significant consequences, for example, for children already born or for residency rights. While the Federal Constitutional Court recognizes revocation as a legitimate response to fraudulently obtained naturalization, it emphasizes that its application must be proportionate . The restrictions associated with the loss of EU citizenship, in particular, must be carefully considered by the authorities in their decision, as they can profoundly impact the individual's life.
2. When can naturalization be revoked?
The revocation of an unlawful naturalization is permissible under Section 35 of the Nationality Act (StAG) only in very limited exceptional cases. It applies exclusively if the person concerned obtained German citizenship through deliberate deception, false statements , or other intentionally dishonest acts ( bribery or threats ). Thus, the protection of legitimate expectations, which generally applies in administrative law, is excluded from the outset in the case of naturalization under Section 35 StAG. In such cases, revocation serves to restore a lawful legal situation if someone has fraudulently obtained naturalization to which they had no entitlement. Mere inaccuracies in statements without intent are insufficient – revocation is therefore contingent upon culpable, deliberately unlawful conduct on the part of the naturalized person.
The sole legal basis for revocation is a naturalization that was unlawful from the outset. A lawfully granted naturalization, on the other hand, cannot be revoked. Naturalization is unlawful if it should not have been granted at the time the decision was made – for example, because essential requirements were not met or because material facts were concealed. Formal errors, such as the lack of local jurisdiction of the authority , are generally insufficient . The decisive factor is always whether the individual concerned actively influenced the outcome of the naturalization through their conduct. Only if this is the case can the authority revoke the naturalization under Section 35 of the German Nationality Act (StAG) – and must always carefully distinguish between mere oversight and intentional deception.
3. Revocation of naturalization due to false information and deception
Naturalization can be revoked if it was obtained through false statements or fraudulent misrepresentation. Misrepresentation occurs when the applicant knowingly provides false or incomplete information or withholds essential information to influence the authority's decision. It is insufficient to merely convey an incorrect legal assessment ; the decisive factor is that the conduct created or perpetuated a factual error relevant to the naturalization. Fraud requires intent : the applicant must know that their statements are false or that they are withholding something essential, and simultaneously accept that this is significant for the authority's decision. The deliberate omission of information can also constitute misrepresentation if the applicant should have been aware that the information was crucial for their naturalization.
However, not every false statement is sufficient grounds for revocation. Only statements that were genuinely material to the authorities' decision can justify the withdrawal of citizenship. Furthermore, the dishonest conduct must have been the direct cause of the naturalization – if it had been granted even with knowledge of the true circumstances, the necessary causal link is lacking . The decisive factor is therefore whether the authorities would have refused naturalization or at least suspended the proceedings had the information been truthful. The threshold for revocation is thus high: It requires demonstrable, intentional deception that influenced the decision . Conversely, those who act in good faith, misunderstand unclear questions, or receive incorrect advice are not acting fraudulently and generally do not have to fear the revocation of their naturalization .
The revocation of naturalization is still not automatic, but always a discretionary decision by the authorities . This means that even if the legal requirements for revocation are met—for example, because naturalization was obtained through false information or deception—the authorities must carefully weigh in each individual case whether revocation is actually appropriate. The public interest in restoring lawful conditions is weighed against the individual interests of the person concerned, who may have lived in Germany for years, is integrated, and has established family , professional, or social ties here. Personal circumstances, the risk of statelessness, the consequences for family members, and the immigration status after loss of citizenship are key aspects of this assessment. Revocation is only permissible if the dishonest conduct of the person concerned is so serious that it clearly outweighs the public interest. Otherwise, it would be disproportionate and therefore unlawful. It is particularly important that this discretionary decision must also be made with respect to third parties (e.g., the person's children) ( § 35 para. 5 StAG ). When revoking naturalization, the authorities must therefore also deal intensively with the consequences for the family of the person whose naturalization they wish to revoke.
4. Revocation of naturalization after 10 years
The revocation of an unlawful naturalization is only permissible within a legally defined limitation period . Since August 9, 2019, this period has been ten years . Previously, a five-year period applied, which was extended by the Third Act Amending the Nationality Act . Within this period, a naturalization or retention permit can be revoked, regardless of when the authorities become aware of any irregularities. After the expiration of this period, revocation is no longer possible, thus legally securing the citizenship of the person concerned. However, retroactive application of the extended ten-year period to cases that have already expired is unconstitutional. It would interfere with concluded matters and thus violate the prohibition of retroactivity under Article 20 Paragraph 3 of the Basic Law (Constitution) as well as the protection of citizenship under Article 16 Paragraph 1 of the Basic Law.
If naturalization is revoked, the person concerned should immediately apply for a residence permit at the relevant immigration office to avoid illegal residence. Various residence permits are available – for example, for employment , family , or humanitarian reasons. It is particularly important that a residence permit under Section 38 Paragraph 1 Sentence 1 Number 2 of the German Residence Act (AufenthG ) (residence permit for former Germans) is applied for in a timely manner. Whether the application is successful often depends on the outcome of any criminal proceedings for fraudulent naturalization (see Section 42 of the German Nationality Act (StAG )). In cases where the deception relates exclusively to the naturalization, a residence permit under Section 38 Paragraph 3 of the German Residence Act may exceptionally be granted at the discretion of the authorities.
5. FAQ
When can naturalization be revoked under German law?
Naturalization can only be revoked if it was unlawful from the outset and obtained through intentional deception, false statements, or the concealment of essential facts (§ 35 StAG). Mere negligence or accidental misrepresentation is insufficient.
How long can a naturalization be revoked?
A ten-year limitation period has been in effect since August 9, 2019. After this period, a revocation is no longer possible. Retroactive application to older, expired cases is not permitted.
What is the correct legal remedy against the revocation of naturalization?
An objection or, if this is not provided for, an action for annulment can be brought against the revocation of naturalization.
What is the fee for revoking naturalization?
According to the Nationality Fees Ordinance, the fee for revoking naturalization is up to 255 euros.
What happens to the residency status after a deportation?
After the withdrawal of German citizenship, an application for a residence permit must be submitted to the immigration authorities immediately to avoid illegal residence. A residence permit for former German citizens under Section 38 of the German Residence Act (AufenthG) is particularly relevant.
6. Conclusion
The revocation of naturalization under Section 35 of the German Nationality Act (StAG) is a highly sensitive intervention in a person's legal status and must always be based on clear, demonstrable deception or intentionally false statements. It is not a sanction, but rather the restoration of a lawful situation when someone has unlawfully obtained citizenship. The principle is: revocation can only be considered if the individual's conduct was the direct cause of their naturalization. At the same time, the application of Section 35 StAG has significant implications under constitutional and international law. Revocation retroactively results in the loss of citizenship and thus also of EU citizenship, which profoundly impacts the lives of those affected. Therefore, a careful proportionality assessment and a consideration of all personal and family circumstances are crucial. The protection against statelessness , the level of integration, and the public interest in legality must be balanced in each individual case.
List of Sources (Paywall)
[1] Hailbronner/Kau/Gnatzy/Weber, Nationality Law, 7th edition 2022, § 35
[2] Uwe Berlit, Joint Commentary on Nationality Law (GK-StAR), 1st edition 2000 (last supplement LBW 14.02.2025)
[3] Kämmerer, The revocation of fraudulently obtained naturalizations - gateway to statelessness?, NVwZ 2006, 1015
[5] Becker, Retroactive loss of German citizenship - deprivation or loss?, NVwZ 2006, 304
[6] Regarding the consideration of Union citizenship in the withdrawal decision, see ECJ judgment of 2 March 2010 – C-135/08, BeckRS 2010, 90235 – Rottmann.
[8] BMI, Preliminary application guidelines of the Federal Ministry of the Interior on the Nationality Act (VAH-StAG), as of 1 June 2015, § 10
[9] European Convention on Nationality, Federal Law Gazette II 2004, 579