Marriage is a huge and exciting leap in life, and for people from different nationalities, it can also be an incredible opportunity to move to a new country and discover a whole new culture.
That's one reason that, as the spouse of a German citizen, you may be hoping to get German citizenship yourself - even if you currently live abroad.
Though this is possible in some cases, it's a much trickier path than applying from within Germany as a resident, and there are some important conditions you need to know about.
Here's what German law says about applying for citizenship through marriage from abroad.
The exception - not the rule
According to the Federal Office of Administration (BVA), which is responsible for processing citizenship applications submitted abroad, naturalisation while living in another country is the exception rather than the rule.
If a "person who has their habitual residence abroad" decides to submit an application to become German through their spouse, the BVA has discretion on whether to accept or deny it, the office states on its website. To do this, they will try to assess whether it is "advantageous" for Germany to naturalise them despite the fact that they live elsewhere.
"There is no entitlement to naturalisation," the BVA adds. "The requirements for naturalisation of persons not living in Germany are particularly high."
In other words, there are some extra hurdles you have to clear if you want to naturalise from abroad.
Firstly, the BVA will have to be convinced that your citizenship is in the public interest. There are no clear guidelines as to what this looks like, but social commitments or major successes in academic or working life could be among the persuasive factors.
Secondly, you will have to show some strong connection to Germany other than your spouse. This could be proved through long periods of residence in the country, long and deep connections with friends and family, or through owning property in Germany, to name just a few examples.
READ ALSO: Who qualifies for 'special integration' status under Germany's citizenship law?
There are also two specific situations that may make it easier for the spouses of Germans who live abroad to naturalise:
- If your German spouse works for the diplomatic service and is currently posted abroad
- If you and/or your German spouse have been transferred abroad by your German employer
In both cases, you would still have to fulfil the criteria for German citizenship, but it may be easier for the BVA to understand your reasons for living abroad.
Proving a genuine connection
As you may have gathered, the authorities don't count being married to a German as enough to grant citizenship automatically.
Instead, applicants will need to prove they fit certain criteria - and show that their relationship with their partner is a genuine one.
With some people viewing a sham marriage as an easy route to citizenship, Germany has put a few conditions in place to make sure that the applicant is actually in a loving partnership.
For starters, applicants need to have been married for at least two years - so you can't simply tie the knot and get your German passport right away. In some cases, you may also be asked for further proof of your relationship, such as proof of cohabitation.
READ ALSO: How to become a German citizen through marriage
Luckily, marriages carried out abroad are treated the same as marriages in Germany, but you will have to get your papers recognised for the purposes of citizenship.
German authorities also want to ensure that the person applying for citizenship has a genuine connection to Germany as well as their spouse, and that they understand the country's politics, history and culture.
That usually means living in Germany for at least three years in total (two of them consecutive), speaking at least B1 German and proving your knowledge of German customs and society through, for example, a citizenship test.
From the information provided on the BVA website, it appears that the residence requirements could be waived if the applicant can prove alternative evidence of a strong connection to Germany.
However, at the time of publishing, officials had not responded to a request for clarification.
Other criteria for naturalisation
As well as the above, the spouses of German citizens will also have to jump through the same hoops as other applicants for naturalisation.
The most important of these is proving that you can support yourself and your family financially in your home country without relying on social benefits.
This also means being secure for the future by providing evidence of any health, sickness or unemployment insurance you have and your total pension contributions.
READ ALSO: What do I need to apply for German citizenship under the new law?
Depending on the healthcare and social security system in your home country, these may not be the easiest to prove, but the BVA should be able to advise you on appropriate forms of evidence in your case.
In addition, you'll be subject to a criminal background check to ensure you haven't committed any serious crimes.
Comments