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I have a question regarding permanent residence and naturalization in German, I'll like to ask if I am qualified to apply for permanent residency or to apply for naturalization, my wife and I Married in November 2019 and I got my German residence permit on January 1st. My wife is not German but she got German nationality last year, since she is now a German citizen can I also apply now for German citizenship or permanent residency? I was at the Ausländabehude and they told me I can only apply after 3 years because by the time my Wife and I got married she was not a German citizen.

I'll be very grateful for helpful feedback.

Thanks
Best Regards
Marcel.
asked Dec 11, 2022 in Legal advice by Markbery2007 | 377 views

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1 Answer

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Hi @Markbery2007,

For naturalisation is it enough to have been married to a German for two years, as long as you have altogether been in Germany for three years. This is covered in paragraph 9, section 1 of the nationality law (here via online translation):

 https://***-gesetze--im--internet-de.translate.goog/stag/BJNR005830913.html?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

The question of permanent residency isn't as clear to me. In my reading of the relevant legal paragraph, you are entitled to it now. This is because the law states that the spouse of a German is to be issued with permanent residency once the spouse has had a residence permit for three years and the couple continues to live together. It does not specify that the spouse needs to have had a particular permit for the three years.

The legal basis is paragraph 28, section 2 of the Residence Law (here via online translation):

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__28.html?_x_tr_sl=auto&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Your situation is quite specific and so if you are interested in having permanent residency, I recommend you apply for this in writing with the Ausländerbehörde (assuming you fulfill the other requirements in addition to the 3 years with a residence permit). The Ausländerbehörde then has to **** at your case in detail and give you a legal basis if they turn down your application.

Best,

Éanna

answered Dec 19, 2022 by mbeon-Éanna
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