|Aliens Act (Ausländergesetz, AuslG) - Extracts
Long title: Gesetz über die Einreise und den Aufenthalt von Ausländern im Bundesgebiet
In the version published on 9 July 1990 (Federal Law Gazette I pp. 1354, 1356), as last amended by Article 2 of the Act of 23 July 1999 (Federal Law Gazette I pp. 1620 ff.)
Translation provided by Inter Nationes and reproduced with kind permission.
Table of Contents
Chapter VII Simplified naturalisation
Section 85 Claim to naturalisation held by foreigners with a long period of residence; simultaneous naturalisation of foreign spouses and of children who are minors
Section 86 Grounds for exclusion
Section 87 Naturalisation where multiple nationality is accepted
Section 88 Decision where there is a criminal conviction
Section 89 Interruptions of the period of lawful residence
Section 90 Naturalisation fee
Section 91 Procedural regulations
Section 102a Transitional provision for applicants for naturalisation
(1) A foreigner who has legally been normally resident in the domestic territory for eight years shall be naturalised upon application where he
The requirement set out under no. 3 above shall be dispensed with where the foreigner for a reason beyond his control cannot provide support without claiming social security or unemployment benefit.
(2) The spouse of the foreigner and his children who are still minors may also be naturalised at the same time even where they have not yet legally been resident in the domestic territory for eight years. Subsection 1 no. 1 shall not be applied where a child who is a minor has not yet attained his 16th birthday at the time of naturalisation.
(3) In the case of a foreigner who has not yet attained his 23rd birthday subsection 1 no. 3 shall not be applied.
A claim to naturalisation pursuant to section 85 shall not exist where
(1) The requirement set out in section 85 subsection 1 no. 4 shall be dispensed with where the foreigner cannot give up his previous citizenship or can only do so under particularly difficult conditions. This shall be presumed where
(2) The requirement set out in section 85 subsection 1 no. 4 shall also be dispensed with where the foreigner possesses the citizenship of another member state of the European Union and there is a reciprocal agreement.
(3) The requirement set out in section 85 subsection 1 no. 4 may be dispensed with where the foreign state makes release from the previous citizenship conditional upon the performing of military service and the foreigner has received the major part of his schooling in German schools and the personal growth and development which has familiarised him with the German way of life and brought him to the age where he is liable for military service has taken place in the federal territory.
(4) Further exceptions to the requirement set out in section 85 subsection 1 no. 4 can be provided for in keeping with international agreements.
(5) Where release from the foreign nationality demands that the foreigner should have attained the age of majority and the requirements of subsections 1 to 4 are also not met, a foreigner who under the law of his state of origin is still a minor shall receive in derogation of subsection 1 no. 1 an assurance of naturalisation.
(1) Under section 85 subsection 1 no. 5 no consideration shall be had to
Where the foreigner has been sentenced to a more severe penalty, there shall be a decision in each individual case as to whether the offence can be left out of consideration.
(2) Where youth custody for up to one year has been imposed and suspended on probation, the foreigner shall receive an assurance of naturalisation for the event that the sentence is quashed upon expiry of the probationary period.
(3) Where a foreigner who has applied for naturalisation is the subject of investigations on suspicion of an offence, the decision on naturalisation shall be deferred till the close of proceedings, in the case of a conviction till the judgment becomes final and binding. The same shall apply where the imposition of youth custody under section 27 of the Juvenile Courts Act has been deferred.
(1) The period of normal residence in the federal territory shall not be deemed to be interrupted by stays of up to six months outside of the federal territory. Where the foreigner has stayed outside of the federal territory for longer than six months for a reason which by its nature is temporary, this time shall also be credited up to a maximum of one year to the residence period necessary for naturalisation.
(2) Where the foreigner has stayed outside of the federal territory for longer than six months for a reason which by its nature is not temporary, the earlier period of residence in the federal territory may be credited up to a maximum of five years to the residence period necessary for naturalisation.
(3) Interruptions in the lawfulness of residence shall remain out of consideration where they are attributable to the fact that the foreigner failed to apply in time for the initial granting or extension of entitlement to residence or was not in possession of a valid passport.
The fee for naturalisation under this Act shall be 500 Deutschmark. It shall be reduced to 100 Deutschmark for a child that is a minor, is naturalised at the same time, and does not have an independent income for the purposes of the Income Tax Act. Where there are grounds suggesting that it would be reasonable or in the public interest, the fee may be reduced or waived.
For naturalisation proceedings section 68 subsection 1 and 3, section 70 subsections 1, 2 and 4 (first sentence) shall apply mutatis mutandis. In general naturalisation proceedings including the determination of geographical jurisdiction shall be governed by the provisions of nationality law.
To applications for naturalisation made up to 16 March 1999 sections 85 to 91 in the version in force before 1 January 2000 shall be applied with the proviso that the acceptance of multiple nationality shall be decided on pursuant to section 87.
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The above translation was published by Inter Nationes. Reproduced with kind permission. This HTML edition by Lawrence Schäfer and © 2000 Gerhard Dannemann. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited.