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Hello good day everyone

I have a question I wish I will can get some answer

My wife is a polish citizen from Poland

She live in Germany more then 10 years born 3 kids here and one of child have German nationality too my wife go school to make b1 language course but she failed and go A2 only and have leben nach Deutschland now if she can make German nationality without this b1 certificate or no if she can make nationality without b1 how it can be ?

I hope will get some answer

Many returns of the day
asked May 17 in Legal advice by Musawvir

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1 Answer

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Dear @Musawvir,

Welcome back to the Wefugees Community and thank you for reaching out to us.

On becoming a German citizen (the naturalisation process), I found a very useful explanation on the website Handbook Germany:

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What requirements do I have to fulfil for naturalisation?

To be eligible for German citizenship ("Anspruchseinbürgerung"), you must meet the following requirements:

  • You must have a permanent residence permit ("Niederlassungserlaubnis") or a residence permit which entitles you to a permanent residence permit.
  • You have been legally residing in Germany for at least eight years.
  • You are not entitled to or receive any benefits from the Jobcentre or the Social Welfare Office.
  • You speak German at level B1 or higher.
  • You have passed the naturalisation test covering the German legal and social order or have a German school-leaving certificate.
  • You have not been convicted of any serious crimes.
  • You declare to the German Naturalisation Office (in writing and verbally) your commitment to the German Basic Law.
  • You have only one spouse.
  • You have a passport or other documents (driver's license, birth certificate or alike) which verify your identity or you can prove that your home country is refusing to issue you any papers.
  • You give up or have lost your previous citizenship. You can read more in this regard in the section "Do I have to give up my former citizenship?".

If you meet all these requirements, in principle, your application must be approved. In exceptional cases, your application may also be approved if you do not meet all the prerequisites- for instance, when the following happens:

  • Sudden unemployment due to compulsory redundancies
  • Inability to work because of childcare or vocational training

In these cases, you can apply for naturalisation despite receiving unemployment benefit II or social assistance. Please note: In general, unemployment benefit I, housing allowance ("Wohngeld"), BAföG or alike are not an obstacle to naturalisation.

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I do not meet the requirements - can I still become a German citizen?

If you do not meet the "eligibility requirements" ("Anspruchseinbürgerung") mentioned above, you can apply for a "naturalisation by approval of the authorities" ("Ermessenseinbürgerung"), but whether one becomes a German citizen as a result is a case by case decision made by the authorities. In the case of an "Ermessenseinbürgerung", the Naturalisation Office can give you German citizenship, but they do not have to. A favourable decision is usually made when there is a public interest in your naturalisation. However, certain conditions must be met for "Ermessenseinbürgerung":

  • You must not have been convicted of a serious offence.
  • You must be legally residing in Germany.
  • You have an apartment or some other form of accommodation.
  • You can earn a living or own assets and can provide for yourself (and your family).
  • You have only one spouse.
  • You have a passport or other documents (driver's license, birth certificate or alike) which verify your identity or you can prove that your home country is refusing to issue you any papers.

If you do not meet these requirements, naturalisation is only possible in absolute exceptional cases, for instance, when you have severe disease or disability or are unable to work because of old age. In such cases, talk to the staff of your local Naturalisation Office. You can read more in this regard in the section "Where and how can I apply for naturalisation?".

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If your wife is not fulfilling the requirement of speaking German on a B1- level and this is not for disability, health or age reasons, she still might be able to obtain the citizenship. But this will be at the discretion of the Naturalisation Office. Another note: As EU citizen she may keep both nationalities and doesn't have to decide between them (compared to people from third countries).

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered May 30 by Meike
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